Taxation (Cross-border Trade) Act 2018

36 Outward processing procedure U.K.

(1) This section applies if—

(a) domestic goods have been presented to Customs on export, and

(b) the goods are declared for an outward processing procedure.

(2) A declaration of goods for “an outward processing procedure” is a declaration—

(a) that the goods are to be exported from the United Kingdom [F1 as a result of the removal of the goods from Great Britain] in order to be processed outside the United Kingdom,

(b) that the processing is to take place during a temporary period at the end of which the goods are to be imported into the United Kingdom [F2 and removed to Great Britain (whether in the course of that importation or otherwise)], and

(c) that the processing is to be carried out in accordance with requirements imposed on any person by or under regulations made by HMRC Commissioners.

(3) The temporary period during which the processing is to take place is the period specified in a notice given to the person making the declaration by an HMRC officer.

(4) That period may be subsequently extended (or further extended) by another notice given as mentioned in subsection (3).

(5) If goods are declared for an outward processing procedure—

(a) the export of the goods is not one which is required to be made in accordance with the applicable export provisions, but

(b) HMRC Commissioners may by regulations make provision in relation to any export under an outward processing procedure corresponding to the provision that may be made by regulations under section 35.

(6) If the processing of the goods under an outward processing procedure consists in their repair by any person without charge, the goods continue to be regarded as domestic goods but only if, while the procedure has effect—

(a) there is no breach of the terms of the declaration for the procedure, and

(b) there is no breach of any other requirement in relation to the procedure.

(7) If the processing of the goods under an outward processing procedure consists in anything else, the goods are to be regarded as chargeable goods, but if—

(a) the goods are imported in accordance with the procedure, and

(b) there is no breach of the terms of the declaration for the procedure, or of any other requirement in relation to the procedure, while the procedure has effect,

the value of the goods is to be reduced to take account of so much of that value as can be attributed to the goods as they stood before being exported.

(8) HMRC Commissioners may make regulations for the purposes of this section.

(9) Each of the following is an example of the kind of provision that may be made by the regulations—

(a) provision specifying cases in which goods may not be declared for an outward processing procedure,

(b) provision imposing requirements on any person in relation to an outward processing procedure,

(c) provision for determining the reduction in the value of any goods for the purposes of subsection (7),

(d) provision authorised or required to be made by any regulations under Schedule 2, and

(e) other provision made by or under this Part of this Act that has effect in relation to a special Customs procedure.

Textual Amendments

F1 Words in s. 36(2)(a) inserted (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 1 para. 5(a) (with Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 9

F2 Words in s. 36(2)(b) inserted (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 1 para. 5(b) (with Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 9

Commencement Information

I1 S. 36 in force for specified purposes at 13.9.2018, see s. 57(1)(a)

I2 S. 36 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1642, reg. 4(a)