Statutory Instruments
CUSTOMS AND EXCISE
Made
28th August 1981
Laid before Parliament
10th September 1981
Coming into Operation
1st October 1981
The Commissioners of Customs and Excise, in pursuance of the powers conferred on them by sections 35(4), 42(1) and 66(1)(a) of the Customs and Excise Management Act 1979(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:-
1. These Regulations may be cited as the Aircraft (Customs and Excise) Regulations 1981 and shall come into operation on 1st October 1981.
2. In these Regulations:-
"the Act" means
"aircraft"
"Community transit document" means
"loader" means
"loading pass" means
3. The Aircraft (Customs) Regulations 1971 and the Aircraft (Customs) Regulations 1971 (Amendment) Regulations 1971 are hereby revoked.
4.-(1) Save as the Commissioners otherwise permit, the commander of an aircraft arriving in the United Kingdom of which report is required under section 35(1) of the Act shall immediately:-
(a)take the aircraft or cause it to be taken to the examination station at the customs and excise airport at which the aircraft has arrived;
(b)make report of the aircraft by delivering to the proper officer in such form as the Commissioners direct:-
(i)a General Declaration;
(ii)particulars of the goods on board the aircraft; and
(iii)a list in duplicate of the stores on board the aircraft;
(c)produce to the proper officer such other documents relating to the flight as the officer may require;
(d)produce to the proper officer all goods in the aircraft except such as are to be carried on to another customs and excise airport or to a foreign destination and are permitted by the proper officer to remain in the aircraft;
(e)unload, subject to regulation 5 below, all goods in the aircraft except such as are to be carried on to another customs and excise airport or to a foreign destination and are permitted by the proper officer to remain in the aircraft; and
(f)unless the proper officer otherwise permits, deposit all goods unloaded from the aircraft in a transit shed at the customs and excise airport.
(2) If through circumstances over which the commander has no control an aircraft is prevented from being taken to the examination station as required by paragraph (1)(a) above the commander shall-
(a)immediately make report of the aircraft as required by paragraph (1)(b) above; and
(b)remove all goods in the aircraft to a transit shed or other place as required by the proper officer.
(3) With the exception of the requirement contained in paragraph (1)(a) above, any act required to be performed by the commander of an aircraft by virtue of this regulation may, subject to such conditions as the Commissioners see fit, be carried out on his behalf by a responsible person authorized for the purpose by the owner of the aircraft.
5. No person shall unload, or permit the unloading of, any goods imported by air from the importing aircraft:-
(a)except during such hours as the Commissioners may approve for the purpose;
(b)without the authority of the proper officer; and
(c)unless the unloading is done for the purpose of a removal pursuant to the provisions of paragraph (2) of regulation 4, at any place other than an examination station or such other place as the Commissioners may permit.
6.-(1) Save as the Commissioners may otherwise permit, no person shall remove or permit to be removed goods imported by air from an examination station or from such other place as the Commissioners may permit under sub-paragraph (c) of regulation 5:-
(a)except to a transit shed;
(b)unless, in the case of goods entered under section 37 of the Act, the proper officer authorities the removal from the examination station or from the other place mentioned above; or
(c)except in accordance with any special permission granted by the Commissioners and in compliance with any conditions attached to the grant of such permission.
(2) Save as the Commissioners may otherwise permit, goods imported by air situated in a transit shed or at any other place to which they were removed as required by the proper officer under paragraph (2)(b) of regulation 4 shall not be removed therefrom:-
(a)until, in the case of goods of which entry is required by section 37 of the Act, the entry is made; and
(b)without the authority of the proper officer.
7.-(1) Subject to paragraph (2) of this regulation, no person shall load on an aircraft about to depart on a flight to an eventual destination outside the United Kingdom and the Isle of Man goods for exportation or as stores:-
(a)except at the examination station at a customs and excise airport, or such other place as the Commissioners may permit; and
(b)without the authority of the proper officer, save as may be permitted by him.
(2) Paragraph (1)(b) of this regulation shall not apply to a loader if, in relation to the goods due to be loaded by him, he is acting under a direction of the Commissioners pursuant to subsection (4) or (5) of section 57 of the Act (directions that certain goods should not be loaded without authority of a proper officer, and directions relaxing such requirements and substituting other requirements).
(3) Where the goods are said to be moving under the external or internal Community transit procedure the proper officer may withhold his authority required by paragraph (1)(b) of this regulation until the person applying for his authority either, produces to him the Community transit document or, instead of it, furnishes him with a loading pass which satisfies him that the goods are being moved under one of the aforementioned procedures.
8. No passenger shall embark or be permitted by any person to embark on a flight to an eventual destination outside the United Kingdom and the Isle of Man unless:-
(a)he is authorised by the proper officer to embark; and
(b)he embarks at the examination station at a customs and excise airport or at such other place as the Commissioners may permit.
N. Godfrey
Commissioner of Customs and Excise
King's Beam House
Mark Lane
London EC3R 7HE
28th August 1981
These Regulations prescribe the procedures to be followed on the arrival of aircraft in and their departure from the United Kingdom. Compared with earlier Regulations amendments are made to the Customs and Excise requirements for the loading of cargo for exportation by air. They supersede the Aircraft (Customs) Regulations 1971 and the Aircraft (Customs) Regulations 1971 (Amendment) Regulations 1971.
, as amended by section 10(2) of the Finance Act 1981 (c. 35).