Part VIU.K. General Control Provisions

Methylated spiritsU.K.

77 Power to make regulations relating to methylated spirits.U.K.

(1)The Commissioners may with a view to the protection of the revenue make regulations—

(a)regulating the methylation of spirits and the supply, storage, removal, sale, delivery, receipt, use and exportation or shipment as stores of methylated spirits;

(b)prescribing the spirits which may be used, and the substances which may be mixed therewith, for methylation;

(c)permitting spirits to be methylated in warehouse;

(d)permitting [F1dealing wholesale (within the meaning of section 75 above) without a licence in] such methylated spirits as may be specified in the regulations;

(e)regulating the importation, receipt, removal, storage and use of spirits for methylation;

(f)regulating the storage and removal of substances to be used in methylating spirits;

(g)prescribing the manner in which account is to be kept of stocks of methylated spirits in the possession of authorised or licensed methylators and of retailers of methylated spirits;

(h)for securing any duty chargeable in respect of methylated spirits of any class.

(2)Different regulations may be made under this section with respect to different classes of methylated spirits or different kinds of methylated spirits of any class [F2and, without prejudice to the generality of subsection (1) above, regulations under this section may—

(a)provide for the imposition under the regulations of conditions and restrictions relating to the matters mentioned in that subsection, and

(b)impose or provide for the imposition by regulations of requirements on authorised or licensed methylators and on retailers of methylated spirits to keep and preserve records relating to their businesses as such and to produce them to an officer when required to do so for the purpose of allowing him to inspect them, to copy or take extracts from them or to remove them at a reasonable time and for a reasonable period.]

[F3(2A)Where any documents removed under the powers conferred by subsection (2)(b) above are lost or damaged the Commissioners shall be liable to compensate their owner for any expenses reasonably incurred by him in replacing or repairing the documents.]

(3)If any person contravenes or fails to comply with any regulation under this section, [F4or with any condition, restriction or requirement imposed under such a regulation, he shall be liable on summary conviction to a penalty of [F5level 4 on the standard scale] together in the case of such a failure with a penalty of £20 for each day on which the failure continues].

(4)If, save as permitted by any regulation under this section, any person [F6deals wholesale (within the meaning of section 75 above) in] methylated spirits otherwise than under and in accordance with a licence under section 75 . . . F7 above, he shall be liable on summary conviction to a penalty of [F8level 3 on the standard scale].

(5)Any spirits or methylated spirits in respect of which an offence under subsection (3) or (4) above is committed shall be liable to forfeiture.

(6)Nothing in any regulations made under this section shall prejudice the operation of the M1Methylated Spirits (Sale by Retail) (Scotland) Act 1937.