Joint Committee on Statutory Instruments Twenty-Seventh Report


Memorandum from the Department for Environment, Food and Rural Affairs


1. The Committee has asked the Department to submit a memorandum on the following point:

    "Given that section 50 of the Customs and Excise Management Act 1979 applies to the landing or unloading of goods with intent to ¼evade a prohibition or restriction on importation, explain the purpose, in regulation 5(4), of the words following "Article 4(6) or 5(4)".

2. The Department accepts that any authorised officer or authorised person who is exercising any of the powers prescribed in regulation 9 for the purposes of carrying the Regulations into effect will not be doing so with intent to evade a prohibition or restriction on importation. The Department therefore accepts that the words in regulation 5(4) following "Article 4(6) or 5(4)" are superfluous. The Department apologises to the Committee for this error which will be corrected on the next occasion that the Regulations are amended.

22nd April 2002

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