Part V
having effect by virtue of section 3 of the 1971 c. 38.Misuse of Drugs Act 1971, subsection (3) above shall have effect subject to the modifications specified in Schedule 1 to this Act.
(5) If by virtue of any such restriction as is mentioned in subsection (1) above any goods may be exported only when consigned to a particular place or person and any goods so consigned are delivered to some other place or person, the ship, aircraft or vehicle in which they were exported shall be liable to forfeiture unless it is proved to the satisfaction of the Commissioners that both the owner of the ship, aircraft or vehicle and the master of the ship, commander of the aircraft or person in charge of the vehicle—
- (a) took all reasonable steps to secure that the goods were delivered to the particular place to which or person to whom they were consigned; and
- (b) did not connive at or, except under duress, consent to the delivery of the goods to that other place or person.
(6) In any case where a person would, apart from this subsection, be guilty of—
- (a) an offence under subsection (1) or (2) above; and
- (b) a corresponding offence under the enactment or instrument imposing the prohibition or restriction in question, being an offence for which a fine or other penalty is expressly provided by that enactment or other instrument,
he shall not be guilty of the offence mentioned in paragraph (a) of this subsection.
Part VI
Control of Coastwise Traffic
Coasting trade. 69.—(1) Subject to section 70 below, any ship for the time being engaged in the trade of carrying goods coastwise between places in the United Kingdom shall for the purposes of the Customs and Excise Acts 1979 be a coasting ship.
(2) Subject to that section, no goods not yet entered on importation and no goods for exportation shall be carried in a ship engaged in the trade of carrying goods coastwise.
(3) The Commissioners may from time to time give directions as to what trade by water between places in the United Kingdom is or is not to be deemed to be carrying goods coastwise.
Coasting trade—exceptional provisions.
70.—(1) The Commissioners may, subject to such conditions and restrictions as they see fit to impose, permit a ship to carry goods coastwise notwithstanding that the ship is carrying goods brought therein from some place outside the United Kingdom