The Free Zone (Port of Sheerness) Designation Order 2004

Statutory Instruments

2004 No. 2742

CUSTOMS AND EXCISE

The Free Zone (Port of Sheerness) Designation Order 2004

Made

21st October 2004

Coming into force

16th November 2004

The Treasury, in exercise of the powers conferred on them by section 100A(1) and 100A(3) of the Customs and Excise Management Act 1979(1), hereby make the following Order:

Citation and commencement

1.  This Order may be cited as The Free Zone (Port of Sheerness) Designation Order 2004 and shall come into force on 16th November 2004.

Designation of area as free zone

2.—(1) An area of 283 acres, in the Borough of Swale in the County of Kent, shown enclosed by a red line on a map (in this article referred to as “the map”), being of a scale of 1:2500, signed by a regional Director of Customs and Excise and dated 18th June 2004, shall be a Free Zone.

(2) The map shall be kept by the Commissioners at their Headquarters, New King’s Beam House, 22 Upper Ground, London SE1 9PJ and a copy thereof at the offices of the responsible authority.

(3) The map or the copy thereof may, on application, be inspected by members of the public at reasonable hours without charge.

Appointment of responsible authority

3.  The responsible authority for the free zone shall be Port of Sheerness Limited, whose Registered Office is at Maritime Centre, Port of Liverpool, L21 1LA.

Period of validity of Order

4.  This Order shall have effect from the date of coming into force until 10th August 2011.

Conditions imposed on responsible authority

5.  The responsible authority shall—

(a) Maintain an office in the free zone or at such other place as the Commissioners may allow at which shall be kept any records, for which the responsible authority is responsible, relating to the free zone and the business carried on therein;

(b) Keep separate accounts in connection with the free zone;

(c) Provide such information in connection with the freezone and the operation thereof to any person authorised by the Treasury, as that person may reasonably require;

(d) Provide, free of expense to the Crown, such accommodation and facilities including furniture, fittings and equipment as the Commissioners may reasonably require and such accommodation and facilities shall be properly maintained, heated, lighted, ventilated and kept clean by the responsible authority;

(e) Provide, free of expense to the Crown, such area of land within the free zone as the Commissioners may reasonably require for the examination of goods and vehicles and shall provide and maintain such appliances and afford such other facilities which are reasonably necessary to enable an account to be taken of any goods or make any examination or search;

(f) Not permit a person to establish or carry on any trade or business in the free zone unless that person is authorised by the Commissioners to carry on such a trade or business in the free zone.

Health and Safety

6.  Without prejudice to the responsibilities of persons occupying premises within the free zone, the responsible authority shall ensure that the working conditions within the free zone are safe and without risk to the health and safety of persons employed by the Commissioners and shall comply with any requirements concerning health and safety imposed by any competent authority.

Nick Ainger

Joan Ryan

Two of the Lords Commissioners of Her Majesty’s Treasury

21st October 2004

Explanatory Note

(This note is not part of the Order)

(1) This Order replaces the Free Zone (Port of Sheerness) Designation Order 1994 (S.I. 1994 No. 2898) as amended by the Free Zone (Port of Sheerness) Designation (Substitution of Responsible Authority) Order 1997 (S.I. 1997 No. 994). With effect from 16th November 2004, it designates an area of 283 acres at the Port of Sheerness, Kent, as a Free Zone. It appoints the responsible authority and imposes obligations upon that authority relating to the operation of the zone.

(1)

1979 c. 2; section 100A was introduced by section 8 of, and Schedule 4 to, the Finance Act 1984 (c. 43).