New post-Brexit power for HMRC public notices

The Cross-border Trade (Public Notices) (EU Exit) Regulations, SI 2019/1307, will provide HM Treasury with a temporary power, lasting for a period of six months from exit day, enabling HMRC to issue public notices granting certain customs, VAT and excise easements, where these are considered ‘appropriate in the public interest’ in connection with the UK’s withdrawal from the EU.

These notices may only remain in force for periods of up to 60 days and the Treasury will be required to make monthly reports to the House of Commons on its use of the power.

Specifically, the power will enable the Treasury to do the following:

• relieve obligations;
• extend the period for complying with obligations;
• extend the period during which a person is authorised to do something;
• suspend any power or duty of HMRC to impose a penalty or other sanction;
• authorise HMRC to give approvals or authorisations subject to being subsequently satisfied that the appropriate requirements are met; and
• confer certain other benefits.

The power to make changes by issuing public notices is intended to allow the Treasury to respond quickly to any unexpected barriers to trade flow that may arise in the period immediately following a no-deal Brexit.