The Denatured Alcohol Regulations 2005

PART 4 U.K. RECEIPT, USE AND SUPPLY OF DENATURED ALCOHOL

Application U.K.

12.  This Part applies to industrial denatured alcohol and trade specific denatured alcohol that has not been incorporated into a product that is not for human consumption.

Modifications etc. (not altering text)

C1 Regulations, as they had effect immediately before IP completion day, continued (N.I.) (31.12.2020) with respect to excise goods by The Excise Duties (Northern Ireland Miscellaneous Modifications and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1559), regs. 1(1), 100(2)(a)

Receipt and use of industrial denatured alcohol and trade specific denatured alcohol U.K.

13.—(1) No person may receive or use industrial denatured alcohol or trade specific denatured alcohol other than in accordance with the provisions of this Part.

[F1 (1A) But paragraph (1) does not apply where—

(a) the denatured alcohol is received as a free sample; or

(b) (i) the denatured alcohol is for the use of—

(aa) a school, or

(ab) an institution offering further or higher education; and

(ii) in any calendar year, the amounts received for that use do not exceed 5 litres of industrial denatured alcohol and 5 litres of trade specific denatured alcohol.]

(2) A person may receive industrial denatured alcohol or trade specific denatured alcohol only if he is authorized in writing by the Commissioners to receive that class of denatured alcohol.

(3) A person wishing to be authorized to receive industrial denatured alcohol or trade specific denatured alcohol must—

(a) apply to the Commissioners in the form and manner specified in a notice they publish that has not been withdrawn by a further notice; and

(b) if he wishes to receive trade specific denatured alcohol made in accordance with a formulation approved under regulation 7(2), describe the formulation in his application.

(4) The Commissioners may authorize a person to receive industrial denatured alcohol or trade specific denatured alcohol—

(a) subject to restrictions on the uses to which that denatured alcohol may be put;

(b) subject to restrictions on the formulations of denatured alcohol that may be received; and

(c) subject to such conditions as they see fit to impose.

(5) Where there has been a change in any of the particulars that were included in a person's application for authorization, before receiving any further supplies of industrial denatured alcohol or trade specific denatured alcohol, he must give the Commissioners notice of that change in such form and manner as they require.

(6) The Commissioners may at any time for reasonable cause vary or revoke any authorization granted or any condition or restriction imposed under this regulation.

(7) A person may receive industrial denatured alcohol or any formulation of trade specific denatured alcohol only if, before he is supplied with that denatured alcohol, he furnishes the supplier with a copy of his authorization.

(8) A person authorized under this regulation must keep and preserve such records relating to his use of denatured alcohol as the Commissioners may specify in a notice published by them and not withdrawn by a further notice.

(9) A person authorized under this regulation must comply with and ensure compliance with any conditions or restrictions imposed in accordance with this regulation.

Textual Amendments

F1 Reg. 13(1A) inserted (1.7.2013) by The Denatured Alcohol (Amendment) Regulations 2013 (S.I. 2013/1195), regs. 1, 3

Modifications etc. (not altering text)

C1 Regulations, as they had effect immediately before IP completion day, continued (N.I.) (31.12.2020) with respect to excise goods by The Excise Duties (Northern Ireland Miscellaneous Modifications and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1559), regs. 1(1), 100(2)(a)

Supply of industrial denatured alcohol and trade specific denatured alcohol U.K.

14.— [F2 (1)] Subject to regulation 15, industrial denatured alcohol and trade specific denatured alcohol—

(a) must not be sent out from any premises other than in the course of a supply to a person—

(i) who is authorized in accordance with these Regulations to receive denatured alcohol of that formulation, and

(ii) who has furnished his supplier with a copy of his authorization to receive denatured alcohol of that formulation, and

(b) must not be supplied for any use that contravenes the restrictions on uses to which that formulation of denatured alcohol may be put by the person supplied.

[F3 (2) But paragraph (1) does not apply where the supply is to a person who, in consequence of regulation 13(1A), is not required to be authorised in accordance with these Regulations.]

Textual Amendments

F2 Reg. 14 renumbered as reg. 14(1) (1.7.2013) by The Denatured Alcohol (Amendment) Regulations 2013 (S.I. 2013/1195), regs. 1, 4(a)

F3 Reg. 14(2) inserted (1.7.2013) by The Denatured Alcohol (Amendment) Regulations 2013 (S.I. 2013/1195), regs. 1, 4(b)

Modifications etc. (not altering text)

C1 Regulations, as they had effect immediately before IP completion day, continued (N.I.) (31.12.2020) with respect to excise goods by The Excise Duties (Northern Ireland Miscellaneous Modifications and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1559), regs. 1(1), 100(2)(a)

Supply of industrial denatured alcohol and trade specific denatured alcohol - supplementary provisions U.K.

15.—(1) Regulation 14 does not apply to any case where—

(a) the denatured alcohol is delivered to a place that is outside the United Kingdom and Isle of Man; or

(b) a pharmacist is sending out industrial denatured alcohol for medical use on the prescription or order of a medical or veterinary practitioner.

In this paragraph—

“pharmacist” has the meaning given in section 132(1) of the Medicines Act 1968 M1 ;

“medical or veterinary practitioner” means a person 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.

(2) A person is treated as authorized to receive denatured alcohol of a particular formulation in accordance with these Regulations if he receives that alcohol in the Isle of Man and is authorized in accordance with the laws of the Isle of Man to receive that alcohol.

(3) In any case to which paragraph (2) applies the requirement contained in regulation 14(a)(ii) does not apply but the person intending to supply denatured alcohol must require the person to be supplied to provide a written statement specifying—

(a) the date upon which he was authorized to receive denatured alcohol of that formulation;

(b) the use or uses to which he intends to put that denatured alcohol;

(c) any conditions or restrictions imposed on him by his authorization to receive denatured alcohol; and

(d) the uses to which he is entitled to put the received denatured alcohol.

Modifications etc. (not altering text)

C1 Regulations, as they had effect immediately before IP completion day, continued (N.I.) (31.12.2020) with respect to excise goods by The Excise Duties (Northern Ireland Miscellaneous Modifications and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1559), regs. 1(1), 100(2)(a)

Marginal Citations

M1 1968 c. 67; the definition of the term “pharmacist” was amended by S.I. 1976/1213.