Cluster Munitions (Prohibitions) Act 2010

11 Suspicious objects

(1) This section applies where—

(a) the Secretary of State has grounds to suspect that an object is a prohibited munition, and

(b) it does not appear to the Secretary of State that the only persons in possession of the object (assuming it is a prohibited munition) are persons who, if charged with an offence under section 2(1)(e), would have a defence under section 5 or 6.

(2) The Secretary of State may serve a notice on—

(a) any person who appears to the Secretary of State to have possession of the object;

(b) any other person who appears to the Secretary of State to have an interest which the Secretary of State believes would be materially affected if the object were to be destroyed.

(3) The notice must—

(a) describe the object and state its location,

(b) state that the Secretary of State suspects that the object is a prohibited munition and give the reasons for that suspicion,

(c) state that the Secretary of State is considering whether to secure the destruction of the object under sections 14 to 16,

(d) refer to the obligation imposed by subsection (4) and specify a date for the purposes of that subsection, and

(e) refer to the right conferred by subsection (5).

(4) A person on whom a notice is served under this section and who, at the time the notice is served, has possession of the object must not relinquish possession before the date specified in the notice.

(5) A person on whom a notice is served under this section may make representations to the Secretary of State that—

(a) the object is not a prohibited munition;

(b) the only persons in possession of the object (assuming it is a prohibited munition) are persons who, if charged with an offence under section 2(1)(e), would have a defence under section 5 or 6.