Northern Ireland (Emergency Provisions) Act 1978

15 Power to search for munitions and radio transmitters

(1) Any member of Her Majesty's forces on duty or any constable may enter any premises or other place other than a dwelling-house for the purpose of ascertaining—

(a) whether there are any munitions unlawfully at that place; or

(b) whether there is a transmitter at that place ;

and may search the place for any munitions or transmitter with a view to exercising the powers conferred by subsection (4) below.

(2) Any member of Her Majesty's forces on duty authorised by a commissioned officer of those forces or any constable authorised by an officer of the Royal Ulster Constabulary not below the rank of chief inspector may enter any dwelling-house in which it is suspected that there are unlawfully any munitions or that there is a transmitter and may search it for any munitions or transmitter with a view to exercising the said powers.

(3) Any member of Her Majesty's forces on duty or any constable may—

(a) stop any person in any public place and, with a view to exercising the said powers, search him for the purpose of ascertaining whether he has any munitions unlawfully with him or any transmitter with him; and

(b) with a view to exercising the said powers, search any person not in a public place whom he suspects of having any munitions unlawfully with him or any transmitter with him.

(4) A member of Her Majesty's forces or a constable—

(a) authorised to search any premises or other place or any person under this Act, may seize any munitions found in the course of the search unless it appears to the person so authorised that the munitions are being, have been and will be used only for a lawful purpose and may retain and, if necessary, destroy them;

(b) authorised to search any premises or other place or any person, may seize any transmitter found in the course of the search unless it appears to the person so authorised that the transmitter has been, is being and is likely to be used only lawfully and may retain it.

(5) In this section—

• " munitions " means—

  (a)

  explosives, explosive substances, firearms and ammunition; and

  (b)

  anything used or capable of being used in the manufacture of any explosive, explosive substance, firearm or ammunition;

• " transmitter " means any apparatus for wireless telegraphy designed or adapted for emission, as opposed to reception, and includes part of any such apparatus;

• " wireless telegraphy " has the same meaning as in section 19(1) of the [1949 c. 54.] Wireless Telegraphy Act 1949.