Power to search premises.

Finance Act 2000

2000 Chapter 17 - continued

PART I, WINE OR MADE-WINE OF A STRENGTH NOT EXCEEDING 22%. - continued

Enforcement of duties

Power to search premises.

25. In Part XII of the Customs and Excise Management Act 1979 (general supplementary provisions), for section 161 (power to search premises) substitute-

"Power to search premises: writ of assistance.	161. - (1) The powers conferred by this section are exercisable by an officer having a writ of assistance if there are reasonable grounds to suspect that anything liable to forfeiture under the customs and excise Acts-
	(a) is kept or concealed in any building or place, and
	(b) is likely to be removed, destroyed or lost before a search warrant can be obtained and executed.
	(2) The powers are-
	(a) to enter the building or place at any time, whether by day or night, on any day, and search for, seize, and detain or remove any such thing, and
	(b) so far as is necessary for the purpose of such entry, search, seizure, detention or removal, to break open any door, window or container and force and remove any other impediment or obstruction.
	(3) An officer shall not exercise the power of entry conferred by this section by night unless accompanied by a constable.
	(4) A writ of assistance shall continue in force during the reign in which it is issued and for six months thereafter.
Power to search premises: search warrant.	161A. - (1) If a justice of the peace is satisfied by information upon oath given by an officer that there are reasonable grounds to suspect that anything liable to forfeiture under the customs and excise Acts is kept or concealed in any building or place, he may by warrant under his hand authorise any officer, and any person accompanying an officer, to enter and search the building or place named in the warrant.
	(2) An officer or other person so authorised has power-
	(a) to enter the building or place at any time, whether by day or night, on any day, and search for, seize, and detain or remove any such thing, and
	(b) so far as is necessary for the purpose of such entry, search, seizure, detention or removal, to break open any door, window or container and force and remove any other impediment or obstruction.
	(3) Where there are reasonable grounds to suspect that any still, vessel, utensil, spirits or materials for the manufacture of spirits is or are unlawfully kept or deposited in any building or place, subsections (1) and (2) above apply in relation to any constable as they would apply in relation to an officer.
	(4) The powers conferred by a warrant under this section are exercisable until the end of the period of one month beginning with the day on which the warrant is issued.
	(5) A person other than a constable shall not exercise the power of entry conferred by this section by night unless accompanied by a constable.".

Power to search articles.

26. In Part XII of the Customs and Excise Management Act 1979 (general supplementary provisions), after section 163 (power to search vehicles or vessels) insert-

"Power to search articles.	163A. - (1) Without prejudice to any other power conferred by the Customs and Excise Acts 1979, where there are reasonable grounds to suspect that a person in the United Kingdom (referred to in this section as "the suspect") has with him, or at the place where he is, any goods to which this section applies, an officer may-
	(a) require the suspect to permit a search of any article that he has with him or at that place, and
	(b) if the suspect is not under arrest, detain him (and any such article) for so long as may be necessary to carry out the search.
	(2) The goods to which this section applies are dutiable alcoholic liquor, or tobacco products, which are-
	(a) chargeable with any duty of excise, and
	(b) liable to forfeiture under the customs and excise Acts.
	(3) Notwithstanding anything in subsection (4) of section 24 of the Criminal Law (Consolidation) (Scotland) Act 1995 (detention and questioning by customs officers), detention of the suspect under subsection (1) above shall not prevent his subsequent detention under subsection (1) of that section.".

Security for customs and excise duties.

27. - (1) Section 157 of the Customs and Excise Management Act 1979 (bonds and security) is amended as follows.

(2) In subsection (1) (power to require security), for "by bond" substitute "(or further security) by bond, guarantee".

(3) After that subsection insert-

The expressions used in paragraphs (a) to (c) above have the same meaning as in Council Directive 92/12/EEC.".

	"(1A) For the purposes of this section "condition in connection with excise" includes a condition in connection with excise duty charged, under the law of a member State other than the United Kingdom, on-
	(a) manufactured tobacco,
	(b) alcohol or alcoholic beverages, or
	(c) mineral oils.

(4) In subsection (2) (bonds for the purposes of assigned matters), after "Any bond" insert ", guarantee or other security".

(5) In paragraph (a) of that subsection (bonds to be taken on behalf of Her Majesty), for "on behalf of Her Majesty" substitute "either on behalf of Her Majesty or on behalf of Her Majesty and the tax authorities of each member State other than the United Kingdom".

(6) At the end of that subsection add-

" In this subsection "assigned matter" includes any excise duty charged as mentioned in subsection (1A) above.".

Civil penalties for breach of excise duty requirements.

28. In section 9(2)(a) of the Finance Act 1994 (how to calculate the penalty in cases where provision is made by any enactment for conduct to attract a penalty calculated by reference to an amount of excise duty), for "or any other enactment" substitute ", or by or under any other enactment,".

Correction of reference.

29. In section 127 of the Finance Act 1999 (interest on repayments of customs duty), in subsection (1)(b) for "Council Regulation 2454/93" substitute "Commission Regulation 2454/93".

This amendment shall be deemed always to have had effect.

Prepared 7 August 2000