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The Customs (Tariff Quotas) (EU Exit) Regulations 2020
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The Customs (Tariff Quotas) (EU Exit) Regulations 2020, CHAPTER 4 is up to date with all changes known to be in force on or before 25 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 1 Pt. B para. 18 inserted by S.I. 2023/1192 reg. 5(2)
- Sch. 1 Pt. B para. 19 inserted by S.I. 2023/1192 reg. 5(3)
CHAPTER 4U.K.Appeals and penalties
Decision to refuse licence applicationU.K.
41.—(1) The Secretary of State must notify the applicant in writing if an application under regulation 23 is refused.
(2) The Secretary of State must give reasons for the decision and inform the applicant of the right to appeal against the decision under regulation 43.
Commencement Information
I1Reg. 41 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.
PenaltiesU.K.
42.—(1) If any information or document submitted in connection with an application for an import licence or its transfer is found to be materially incorrect or misleading and if the Secretary of State considers that the information or document is decisive for the grant of the licence or the approval of its transfer (or the transfer of an extract) such that the grant or transfer would not have been made if the information or document had not been submitted, the Secretary of State may—
(a)bar the applicant from releasing under the free-circulation procedure any goods subject to the quota concerned for the entire quota period during which the finding was made; and
(b)exclude the applicant from applying for an import licence in respect of the quota concerned for a quota period following the quota period during which the finding was made.
(2) If the Secretary of State considers that the applicant submitted that information or document knowing it to be materially incorrect or misleading, the period for which that person may be excluded from applying for an import licence under paragraph (1)(b) may be extended to two quota periods following the quota period during which the finding was made.
(3) If a person—
(a)submits more applications than the maximum number permitted under regulation 25 in respect of the quota concerned, or
(b)breaches any terms or conditions of the licence which were imposed under regulation 37,
the Secretary of State may decide that any security lodged in connection with those applications is to be forfeit in part or in whole.
(4) The Secretary of State must give reasons for any decision to apply a penalty under this regulation and inform the person of the right to appeal against the decision under regulation 43.
Commencement Information
I2Reg. 42 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.
AppealsU.K.
43.—(1) A person who is aggrieved by any decision taken by the Secretary of State under these Regulations (“the appellant”) may bring an appeal under this regulation.
(2) The appellant must notify the Secretary of State as to the decision to be appealed.
(3) The Secretary of State must appoint a person to hear the appeal (the “appointed person”).
(4) The appellant may make written representations to the appointed person.
(5) The Secretary of State may also make written representations to the appointed person.
(6) The appointed person must consider the appeal and any representations made by the Secretary of State and must report in writing to the Secretary of State, with the person's conclusions on the appeal and a recommendation as to the manner in which the matter should be finally determined by the Secretary of State.
(7) The Secretary of State must then reach a final determination and notify the appellant of that determination and the reasons for it.
Commencement Information
I3Reg. 43 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.
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