Policy paper

Commissioners Directions under section 35(1) and section 64(2)(b) of the Customs and Excise Management Act 1979

Updated 6 April 2022

1. Commissioners’ Directions

1.1 Passenger Information Directions for Ships, Aircraft and Railway vehicles arriving in, or departing from Great Britain or Northern Ireland

In exercise of the powers conferred upon the Commissioners for Her Majesty’s Revenue and Customs by sections 35(1), 64(2), and 173 of the Customs and Excise Management Act 1979 (CEMA), and by virtue of sections 1 and 7 of the Borders Citizenship and Immigration Act 2009, The Secretary of State, and the Director of Border Revenue, in the exercise of their respective functions in relation to general customs matters, direct as follows:

(a) The Passenger Information Directions made on 11 March 2022 are revoked.

(b) The following Directions shall be cited as: the Passenger Information Directions made on 1 April 2022.

1. These Directions apply to:

(a) any ship (other than a pleasure craft), aircraft, or railway vehicle which is arriving, or is expected to arrive, anywhere in Great Britain from anywhere outside Great Britain;

(b) any ship (other than a pleasure craft) or aircraft, which is arriving, or is expected to arrive, anywhere in Northern Ireland from outside of Northern Ireland;

(c) any ship (other than a pleasure craft), aircraft or railway vehicle which is departing, or is expected to depart, from anywhere in Great Britain to an eventual destination outside of Great Britain; and

(d) any ship (other than a pleasure craft) or aircraft which is departing, or is expected to depart, from Northern Ireland to an eventual destination outside of Northern Ireland.

2. Unless otherwise agreed with the Commissioners, a vehicle operator to whom these Directions apply, in relation to a journey listed in the tables below, must provide to the proper officer, in accordance with paragraphs 4 and 5 below, the information listed in the Schedule.

3. The information listed in the Schedule must be provided:

Ships

(a) In the case of arrivals:
at least 24 hours before arrival, unless the voyage time is less than 24 hours, in which case the information must be provided no later than when the ship leaves its last port outside of Great Britain (in the case of voyages to Great Britain) or outside of Northern Ireland (in the case of voyages to Northern Ireland);

(b) In the case of departures:
as soon as the information is available and not later than the time at which the ship departs.

Aircraft

(a) in the case of arrivals:
no later than two hours before departure of the aircraft to Great Britain or Northern Ireland;

(b) in the case of departures:
no later than two hours before departure of the aircraft from Great Britain or Northern Ireland.

Railway vehicles

(a) In the case of arrivals:
no later than two hours before departure of the railway vehicle to Great Britain;

(b) In the case of departures:
no later than two hours before departure of the railway vehicle from Great Britain.

4. The information shall be provided by electronic transmission or, where this is not possible, by delivering the particulars in writing.

5. Nothing in these Directions affects or limits any other direction given under section 35(1) and 64(2) (b) of CEMA.

6. In these Directions:

‘vehicle’ has the meaning given by section 1 of CEMA

‘vehicle operator’ has the meaning given by section 1 of CEMA

‘proper officer’ has the meaning given by section 8(2) of CEMA

Reporting of Ships, Aircraft and Railway vehicles under UK legislation

The following journeys need to be reported in accordance with sections 35(1) or 64(2) of the Customs and Excise Management Act 1979:

For Ships, Aircraft, and Railway vehicles (please note that reporting is not required between Great Britain-Northern Ireland and Northern Ireland-Great Britain).

Report inwards into Great Britain in accordance with section 35(1) of the Customs and Excise Management Act 1979.

Journey

EU Member States into Great Britain.

Rest of World (excluding Northern Ireland) into Great Britain.

Channel Islands into Great Britain.

Clearance outwards from Great Britain in accordance with section 64(2) of the Customs and Excise Management Act 1979

Journey

Great Britain to EU Member States.

Great Britain to Rest of World (excluding Northern Ireland).

Great Britain to Channel Islands.

For Ships and Aircraft

Report inwards into Northern Ireland in accordance with section 35(1) of the Customs and Excise Management Act 1979.

Journey

EU Member States into Northern Ireland.

Rest of World (excluding Great Britain) into Northern Ireland.

Channel Islands into Northern Ireland.

Clearance outwards from Northern Ireland in accordance with section 64(2) of the Customs and Excise Management Act 1979

Journey

Northern Ireland to Rest of World (excluding EU Member States and Great Britain)

Northern Ireland to Channel Islands

1.2 Schedule

1. In all cases:

a. total number of passengers carried;

b. particulars of the departure of the vehicle, to include point of departure, date and time;

c. particulars of the intended arrival of the vehicle, to include point of arrival, date and time;

d. name of the person completing the report;

e. telephone number for the vehicle operator or their delegated contact.

2. In the case of ships, aircraft, and railway vehicles, for each passenger:

a. identity including full name, date of birth; nationality; sex; type of travel document held; number of travel document held; expiry date of travel document held; and issuing State of travel document held;

b. particulars of the vehicle on which that passenger is being carried such as the name, number, or registration details of the vehicle.

These Directions shall come into force on 6 April 2022.

Jim Harra
Katherine Green

Two of the Commissioners of Her Majesty’s Revenue and Customs

1 April 2022