Methylated Spirits Regulations 1987
| Jurisdiction | UK Non-devolved |
| Citation | SI 1987/2009 |
| Year | 1987 |
1987 No. 2009
CUSTOMS AND EXCISE
The Methylated Spirits Regulations 1987
Made 25th November 1987
Laid before Parliament 3rd December 1987
Coming into force 28th December 1987
The Commissioners of Customs and Excise in exercise of the powers conferred on them by section 77 of the Alcoholic Liquor Duties Act 19791and of all other powers enabling them in that behalf, hereby make the following Regulations:
PART I
PRELIMINARY
Citation and commencement
1. These Regulations may be cited as the Methylated Spirits Regulations 1987 and shall come into force on 28th December 1987.
Interpretation
2. In these Regulations unless the context otherwise requires—
“approved denaturants, markers and dyes” means denaturants, markers and dyes permitted by regulation 15 of these Regulations and complying with the requirements of that regulation;
“authorised user” means a person authorised in accordance with these Regulations to receive, use or supply methylated spirits;
“Bitrex” means benzyldiethyl [(2, 6-xylylcarbamoyl) methyl] ammonium benzoate otherwise known as Denatonium Benzoate;
“chemist” and “dispensing chemist” mean persons entitled by law to use those or similar titles in the sale of goods by retail respectively with or without a medical practitioner’s certificate and a body corporate, firm or partnership lawfully carrying on a business of a like nature and so entitled;
“medical practitioner” means doctors, dentists, nurses, chiropodists, veterinary surgeons and other persons entitled by law to provide medical or veterinary services in the United Kingdom;
“medical use” means any medical, veterinary, surgical or dental purpose other than administration internally;
“methylate” and like expressions means the mixing of denaturant and spirits so as to produce methylated spirits;
“methylator” means an authorised methylator under section 75(1) of the Alcoholic Liquor Duties Act 1979 or a person holding an excise licence as a methylator under section 75 of that Act;
“plant” means all vessels, utensils, pipes, fittings and other equipment used for the manufacture or storage of methylated spirits;
“records” include documents, copies of documents and information stored in a computer or produced from a computer;
“spirits” means spirits of the following types only:—
(a) plain spirits of a strength not less than 85 per cent; or
(b) rum of a strength not less than 68 per cent; or
(c) such other spirits as the Commissioners may allow to be used in place of those referred to at (a) or (b) above for the manufacture of methylated spirits;
“tank-craft” means a ship or other craft equipped with tanks for the conveyance of spirits and methylated spirits and “tank-waggon” means any vehicle so equipped;
“wood naphtha” includes wood naphtha substitutes.
PART II
PREMISES AND PLANT
Approval of processes, premises and plant for methylation and storage
3.—(1) Any person intending to methylate spirits shall make written application to the proper officer for approval of the processes, premises and plant he intends to use for the methylation of spirits and the storage of denaturants, and any such application shall specify the classes of methylated spirits he intends to manufacture and which of those processes, premises and plant relate to which class or classes of methylated spirits.
(2) Any application made under the preceding paragraph shall be accompanied by such information connected with the application as the proper officer may require.
(3) No person shall begin to methylate spirits until he has received the proper officer’s approval of the processes, premises and plant referred to in his application under paragraph (1) above and any such approval may be made subject to conditions which may be varied by the Commissioners for reasonable cause.
(4) A person making application under this regulation shall ensure that the premises approved under this regulation for the methylation of spirits contain one or more mixing vats which must be fixed and no such vat shall have a capacity of less than 2,500 litres.
(5) Save as the proper officer may otherwise allow, no person shall use premises and plant approved under this regulation for the storage of denaturants for any other purpose.
Variation of approval
4.—(1) The person receiving the approval under regulation 3 above shall ensure that no variation, alteration or change is made to any of the approved processes, premises or plant without first receiving the proper officer’s approval of the variation, alteration or change and the proper officer’s approval may be given subject to conditions which may be varied by the Commissioners for reasonable cause.
(2) Any person making application for the approval of any variation, alteration or change to any processes, premises or plant shall do so in such form and manner and shall provide such information connected with the application as the proper officer may require.
Entry of premises and plant
5. Except in the case of premises approved as an excise warehouse or plant contained in such premises, a methylator shall make entry of his premises and plant approved under regulation 3 above, and of any variation, alteration or change approved under regulation 4 above before spirits are first methylated or before spirits are first methylated after that change is made.
Provision of facilities etc.
6. A methylator shall, if required to do so by the proper officer, provide and maintain to that officer’s satisfaction, at his premises approved under regulation 3 above, office accommodation and sanitary and lavatory accommodation for officers, and shall ensure that such accommodation is lit, heated, furnished and cleaned free of expense to the Crown.
General provisions as to approved premises
7.—(1) A methylator shall ensure that all his premises approved under regulation 3 above are, to the proper officer’s satisfaction, ventilated, lit and equipped with the means for taking account of spirits or denaturant.
(2) A methylator shall ensure that his containers approved for the storage of denaturant are conspicuously marked on the outside as being for use for that purpose only.
(3) The proper officer may, by giving written notice to a methylator, restrict the hours during which his approved premises or parts of them are permitted to be open, and he may vary the notice but except on public holidays no such restriction shall prevent the premises from being open during the hours from 8 am to 6 pm from Monday to Friday.
PART III
CONTROL OF GOODS
Storage of denaturant
8.—(1) A methylator shall ensure that all denaturants received into his premises approved for their storage are placed immediately in the proper vats or other receptacles which are to be secured in such manner as the proper officer may direct.
(2) A methylator shall ensure that all denaturants in his approved premises shall be dealt with in such manner as the proper officer may direct.
Restrictions on taking goods into methylators' premises
9.—(1) Save as the proper officer may otherwise allow, a methylator shall ensure that no person shall take into any of his premises approved for the methylation of spirits any substance except spirits for methylation, methylated spirit and approved denaturants and markers except that water intended for use in reducing methylated spirits may be taken in for immediate use for that purpose.
(2) Save as the proper officer may otherwise allow and notwithstanding paragraph (1) above, a methylator who is also a distiller shall not receive into his approved premises any methylated spirits which have been methylated outside those premises.
Provisions as to redistillation and recovery of methylated spirits
10.—(1) Save as the proper officer may otherwise allow, no person shall recover or redistil any spirits or methylated spirits from any methylated spirits whether or not those methylated spirits contain any other substance, and in cases where the proper officer does so allow he may impose such conditions as he sees fit.
(2) Where any spirits or methylated spirits are recovered or redistilled from methylated spirits in accordance with paragraph (1) above those spirits or methylated spirits shall be kept under the control of the person who recovered or redistilled them and shall be kept under lock or otherwise secured to the proper officer’s satisfaction until disposed of or dealt with to his satisfaction.
Labelling of methylated spirits for medical purposes
11. No person shall put up for sale or supply for medical use any bottle or other container containing industrial methylated spirits unless it is conspicuously labelled “For external use only” or “Not to be taken” or otherwise to like effect.
Account of goods
12.—(1) A methylator shall control and take account of goods in his entered premises in such manner and to such extent as the proper officer may require.
(2) A methylator shall immediately record in such form and manner as the proper officer may require any deficiency, surplus or discrepancy in his stock or records and any explanation for that deficiency, surplus or discrepancy.
(3) In addition to recording the details required by paragraph (2) above a methylator shall inform the proper officer of any such deficiency, surplus or discrepancy in accordance with the proper officer’s instructions.
(4) The proper officer may give instructions that stock to which a deficiency, surplus or discrepancy relates shall not be moved or...
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