The Excise Duties (Personal Reliefs) (Amendment) Order 1999

3.—(1) Article 5 of the Excise Duties (Personal Reliefs) Order 1992 shall be amended as follows.

(2) In paragraph (1)–

(a) the words “imported for a commercial purpose nor are” shall be omitted; and

(b) for the words “such purpose” there shall be substituted the words “a commercial purpose”.

(3) In paragraph (2) for the words from the beginning to “for such purpose” there shall be substituted the words “In determining whether or not the condition imposed under paragraph (1) above has been complied with,”.

(4) For paragraph (3) there shall be substituted the following:

“(3) Paragraphs (3A) to (3C) below apply to a person who has in his possession or control any excise goods afforded relief under this Order in excess of any of the quantities shown in the Schedule to this Order.

(3A) The Commissioners may require a person to whom this paragraph applies to satisfy them that the excise goods afforded relief under this Order are not being held or used for a commercial purpose.

(3B) Where a person fails to satisfy the Commissioners that the excise goods in question are not being held or used for a commercial purpose the condition imposed by paragraph (1) above shall, subject to paragraph (3C) below, be treated as not being complied with.

(3C) Paragraph (3B) above shall not apply where a court or tribunal is satisfied that the condition imposed by paragraph (1) has been complied with.”.