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Alcoholic Liquor Duties Act 1979

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Version Superseded: 01/07/2005

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78 Additional provisions relating to methylated spirits.U.K.

[F1(1)If, at any time when an account is taken and a balance struck of the quantity of any kind of methylated spirits in the possession of an authorised or licensed methylator the quantity of alcohol in the methylated spirits in his possession differs from the quantity of alcohol which ought to be in the methylated spirits in his possession according to any accounts required by regulations made under section 77 above to be kept thereof, then, subject to subsection (2) below—

(a)if the former quantity exceeds the latter, such quantity of spirits as contains an amount of alcohol equal to the excess, or such or part thereof as the Commissioners may determine, shall be liable to forfeiture;

(b)if the former quantity is less than the latter, the methylator shall on demand by the Commissioners pay on the deficiency, or such part thereof as the Commissioners may specify, the duty payable on spirits.

(2)Subsection (1) above shall not apply if the excess is not more than 1 per cent. or the deficiency is not more than 2 per cent. of the aggregate of—

(a)the quantity of alcohol in the balance of spirits struck when an account was last taken; and

(b)the quantity of alcohol contained in any spirits which have since been lawfully added to the methylator’s stock.]

(3)If any person authorised by regulations made under section 77 above to supply any kind of methylated spirits knowingly supplies such spirits to any person not authorised by those regulations to receive them, he shall, without prejudice to any penalty he may have incurred, pay thereon the duty payable on spirits.

(4)If any person other than an authorised or licensed methylator has in his possession any methylated spirits obtained otherwise than from a person authorised by regulations under the said section 77 to supply those spirits, [F2his having them in his possession shall attract a penalty under section 9 of the Finance Act 1994 (civil penalties), and the] methylated spirits shall be liable to forfeiture.

Textual Amendments

F2Words in s. 78(4) substituted (1.1.1995) by 1994 c. 9, s. 9, Sch. 4 Pt. II para. 47 (with s. 19(3)); S.I. 1994/2679, art. 3

Modifications etc. (not altering text)

C1S. 78 extended (27.7.1993) by 1993 c. 34, s. 8(2)(c).

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