Statutory Instruments
1994 No. 955
CUSTOMS AND EXCISE
The Travellers' Allowances Order 1994cross-notesI1
APPROVED BY THE HOUSE OF COMMONS
Made
28th March 1994
Laid before the House of Commons
29th March 1994
Coming into force
1st April 1994
The Commissioners of Customs and Excise, in exercise of the powers conferred on them by section 13(1) and (3) of the Customs and Excise Duties (General Reliefs) Act 1979(1)and of all other powers enabling them in that behalf, hereby make the following Order:
1. This Order may be cited as the Travellers Allowances Order 1994 and shall come into force on 1st April 1994.
[F1Interpretationcross-notes
1A.—(1)In this Order “excise goods” means any goods chargeable with excise duty by virtue of any provision of—
(a)[F2Part 2 of the Finance (No. 2) Act 2023F2]; or
(b)the Tobacco Products Duty Act 1979.
(2)For the purposes of this Order, goods shall be treated as contained in a person’s personal luggage where they are carried with or accompanied by that person or, if intended to accompany that person, were at the time of that person’s departure for the UK consigned by that person as personal luggage to the transport operator with whom that person travelled.F1]
[F3Travellers’ reliefs – Great BritainF3]cross-notesI2,I3,I4,I5
F4,F72.—(1) Subject to the following provisions of this Order a person ... shall on entering the United Kingdom [F5at a place in Great BritainF5] be relieved from payment of value added tax and excise duty on goods of the descriptions and in the quantities shown in [F6Schedule 1F6] to this Order ... contained in his personal luggage.
F8(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. The reliefs afforded under this Order are subject to the condition that the goods in question, as indicated by their nature or quantity or otherwise, are not imported for a commercial purpose nor are used for such purpose; and if that condition is not complied with in relation to any goods, those goods shall, unless the non-compliance was sanctioned by the Commissioners, be liable to forfeiture.
F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. No relief shall be afforded under this Order to any person under the age of 17 in respect of tobacco products [F11, alcoholic beverages and alcoholF11] .
5. The following Orders are revoked—
The Customs Duty (Personal Reliefs) (No. 1) Order 1968(2);
The Customs Duty (Personal Reliefs) (No. 1) Order 1968 (Amendment) Order 1972(3);
The Customs Duty (Personal Reliefs) (No. 1) Order 1968 (Amendment) Order 1978(4);
The Customs Duty (Personal Reliefs) (No. 1) Order 1968 (Amendment) Order 1979(5);
The Customs Duty (Personal Reliefs) (No. 1) Order 1968 (Amendment) Order 1982(6);
The Customs Duty (Personal Reliefs) (No. 1) Order 1968 (Amendment) Order 1984(7);
The Customs Duty (Personal Reliefs) (No. 1) Order 1968 (Amendment) Order 1985(8);
The Customs Duty (Personal Reliefs) (No. 1) Order 1968 (Amendment) Order 1986(9);
The Customs Duty (Personal Reliefs) (Amendment) Order 1989(10);
The Customs Duty (Personal Reliefs) (Amendment) Order 1991(11);
The Customs Duty (Personal Reliefs) (Amendment) Order 1992(12).
[F12Simplified calculation of excise dutycross-notes
6.—(1)This article has effect for the purposes of calculating the excise duty payable by a person entering the United Kingdom at a place in Great Britain on excise goods contained in the person’s personal luggage.
(2)The person may elect for paragraph (3) to apply provided that the upper threshold given in column B of the Table in Schedule 2 and applicable to any of the goods is not exceeded.
(3)Where this paragraph applies, the sum calculated by applying the rate specified in column A of that Table in respect of a description of goods is treated as the amount of excise duty payable on any goods of that description.F12]
Martin Brown
Commissioner of Customs and Excise
New King s Beam House
22 Upper Ground
LONDON SE1 9PJ
28th March 1994
Article 2
[F13SCHEDULE [F141F14]
[F151.Paragraphs 2 and 3 apply for the purposes of this Schedule and Schedule 2 (simplified calculation of excise duty (Great Britain)).
2.Wine is still if it is not sparkling.
3.—(1)Wine that is for the time being in a closed container is sparkling if—
(a)due to the presence of carbon dioxide or any other gas, the pressure in the container, measured at a temperature of 20°C, is not less than 3 bars in excess of atmospheric pressure;
(b)regardless of the pressure in the container, the container has a mushroom-shaped stopper (whether solid or hollow) held in place by a tie or fastening.
(2)Wine that is not for the time being in a closed container is sparkling if it has characteristics similar to those of wine that has been removed from a closed container and that, before removal, fell within sub-paragraph (1)(a).F15]
Description | Quantity |
---|---|
Goods other than fuel and those described below | Total value [F16£390F16] or less, if the person [F17travelled by air, sea or railF17]. Total value [F18£270F18] or less, if the person [F19travelled by way of private pleasure-flying or private pleasure-sea-navigationF19]. Notes: (a) F20... (b) Private pleasure-flying or private pleasure-sea-navigation F21... refers to the use of an aircraft or a sea-going vessel by its owner or the person who enjoys its use either through hire or through any other means, for purposes other than commercial and in particular other than for the carriage of passengers or goods or for the supply of services for consideration or for the purposes of public authorities. (c) The value of an individual item must not be split up. (d) The value of the person’s personal luggage if imported temporarily or re-imported following its temporary export, and of medicinal products required to meet the person’s personal needs, is excluded from consideration. (e) F22... |
Alcoholic beverages and alcohol, other than beer and still wine | [F234 litresF23] of alcohol and alcoholic beverages of an alcoholic strength exceeding 22% by volume, or undenatured ethyl alcohol of 80% by volume and over; or [F239 litresF23] of alcohol and alcoholic beverages of an alcoholic strength not exceeding 22% by volume. Notes: (f) Each respective amount represents 100% of the total relief afforded for alcohol and alcoholic beverages. (g) For any one person, the relief applies to any combination of the types of alcohol and alcoholic beverage described, provided that the aggregate of the percentages used up from the relief the person is afforded for such alcohol and alcoholic beverage does not exceed 100%. (h) F22... |
Beer | [F2442 litresF24] or less Notes: (i) F22... |
Still wine | [F2518 litresF25] or less Notes: (j) F22... |
Tobacco products | 200 cigarettes, or 100 cigarillos, or 50 cigars, or 250 grams of smoking tobacco [F26, or 200 sticks of tobacco for heatingF26]. Notes: (k) Each respective amount represents 100% of the total relief afforded for tobacco products. (l) For any one person, the relief applies to any combination of tobacco products provided that the aggregate of the percentages used up from the relief the person is afforded for such products does not exceed 100%. (m) A cigarillo is a cigar of maximum weight 3 grams. (n) F22...F13] |
[F27SCHEDULE 2SIMPLIFIED CALCULATION OF EXCISE DUTY (GREAT BRITAIN)
Article 6
Description | A: Rate of Excise Duty | B:Upper threshold |
---|---|---|
Alcoholic beverages and alcohol— | ||
Beer | [F28ÂŁ0.88F28] per litre | 110 litres |
Still wine | [F29ÂŁ3.28F29] per litre | 90 litres |
Sparkling wine | [F30ÂŁ3.28F30] per litre | 60 litres |
Cider | [F31ÂŁ0.44F31] per litre | 20 litres |
Sparkling cider of an alcoholic strength not exceeding 5.5% by volume | [F32ÂŁ0.44F32] per litre | 20 litres |
Sparkling cider of an alcoholic strength exceeding 5.5% but less than 8.5% by volume | [F33ÂŁ1.73F33] per litre | 20 litres |
[F34other fermented productsF34] | [F35ÂŁ3.28F35] per litre | 20 litres |
Spirits | [F36ÂŁ11.88F36] per litre | 10 litres |
Tobacco products— | ||
Cigarettes | [F37ÂŁ422.80F37] per 1000 cigarettes | 800 cigarettes |
Hand rolling tobacco | [F38ÂŁ412.32F38] per kilogram | 1 kilogram |
Other smoking tobacco and chewing tobacco | [F39ÂŁ173.68F39] per kilogram | 1 kilogram |
Cigars | [F40ÂŁ395.03F40] per kilogram | 200 cigars |
Cigarillos (a cigarillo is a cigar weighing no more than 3 grams each) | [F41ÂŁ395.03F41] per kilogram | 400 cigarillos |
Tobacco for heating | [F42ÂŁ97.66F42] per 1000 sticks | 800 sticksF27] |
1979 c. 3; section 13 was amended by the Finance Act 1984 (c. 43), section 15 and by the Finance (No. 2) Act 1992 (c. 48), section 1 and Schedule 1, paragraph 8; section 18 applies the definition of “the Commissioners” in section 1(1) of the Customs and Excise Management Act 1979 (c. 2).
S.I. 1968/1558.
S.I. 1972/1770.
S.I. 1978/1883.
S.I. 1979/1551.
S.I. 1982/1591.
S.I. 1984/718.
S.I. 1985/1375.
S.I. 1986/2105.
S.I. 1989/2252.
S.I. 1991/1286.
S.I. 1992/3192.