PART 8Enforcement
Trade enforcement: application of CEMAI1I253
1
Where the Commissioners investigate or propose to investigate any matter with a view to determining—
a
whether there are grounds for believing that a relevant offence has been committed, or
b
whether a person should be prosecuted for such an offence,
the matter is to be treated as an assigned matter.
2
In paragraph (1) “assigned matter” has the meaning given by section 1(1) of CEMA M1.
3
In this regulation a “relevant offence” means an offence under—
a
Part 5 (Trade),
b
regulation 36 (trade: licensing offences),
c
regulation 44(6) (general trade licences: records), or
d
regulation 45(5) (general trade licences: inspection of records).
F13A
The Commissioners may not investigate the suspected commission of an offence listed in paragraph (3B) (a “suspected offence”), unless the suspected offence has been the subject of—
a
a referral to the Commissioners by—
i
the Secretary of State,
ii
the Treasury, or
iii
OFCOM, where such referral relates to a suspected offence under regulation 27P(4); or
b
a decision by the Commissioners to treat the suspected offence as if it had been referred to them under sub-paragraph (a).
3B
Paragraph (3A) applies to the suspected commission of an offence under any of the following provisions—
a
regulation 22(3),
b
regulation 24A(3),
c
regulation 27(3),
d
regulation 27K(5),
e
regulation 27L(3) insofar as it applies to the prohibitions at regulation 27L(1)(c) and (d),
f
regulation 27M(4) insofar as it applies to the prohibitions at regulation 27M(1)(c) and (d),
g
regulation 27M(5) insofar as it applies to any activity prohibited under regulation 27M(2) which relates to arrangements described in sub-paragraphs 27M(1)(c) and (d),
h
regulation 27P(4).
3C
Regulation 53(3A) also applies to the suspected commission of a relevant offence under any of regulations 36(1), 36(2), 44(6) and 45(5) insofar as—
a
the suspected offence relates to a licence issued under regulation 33, and
b
the prohibited activity authorised by that licence would, if no licence had been issued, amount to an offence specified in paragraph (3B)(a) to (h).
4
Section 138 of CEMA M2 (arrest of persons) applies to a person who has committed, or whom there are reasonable grounds to suspect of having committed, a relevant offence as it applies to a person who has committed, or whom there are reasonable grounds to suspect of having committed, an offence for which the person is liable to be arrested under the customs and excise Acts M3, but as if—
a
any reference to an offence under, or for which a person is liable to be arrested under, the customs and excise Acts were to a relevant offence;
b
in subsection (2), the reference to any person so liable were to a person who has committed, or whom there are reasonable grounds to suspect of having committed, a relevant offence.
5
The provisions of CEMA mentioned in paragraph (6) apply in relation to proceedings for a relevant offence as they apply in relation to proceedings for an offence under the customs and excise Acts, but as if—
a
any reference to the customs and excise Acts were to any of the provisions mentioned in paragraph (3)(a) to (d);
b
in section 145(6), the reference to an offence for which a person is liable to be arrested under the customs and excise Acts were to a relevant offence;
c
in section 151, the reference to any penalty imposed under the customs and excise Acts were to any penalty imposed under these Regulations in relation to a relevant offence;
d
in section 154(2)—
i
the reference to proceedings relating to customs or excise were to proceedings under any of the provisions mentioned in paragraph (3)(a) to (d), and
ii
the reference to the place from which any goods have been brought included a reference to the place to which goods have been exported, supplied or delivered or the place to or from which technology has been transferred.
6
The provisions of CEMA are sections 145, 146, 147, 148(1), 150, 151, 152, 154 and 155 M4 (legal proceedings).