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Cluster Munitions (Prohibitions) Act 2010

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This is the original version (as it was originally enacted).

16Power to enter premises and destroy immobilised prohibited munitions

This section has no associated Explanatory Notes

(1)Subsection (2) applies where—

(a)the Secretary of State decides under section 15(6) that a prohibited munition should be destroyed, and

(b)the prohibited munition is on premises to which the public has access or on premises which are occupied by a person who consents to action being taken under subsection (2).

(2)The Secretary of State may authorise a person to enter the premises and destroy the prohibited munition if it is found there.

(3)Subsection (4) applies where a justice of the peace is satisfied, on information on oath, that—

(a)the Secretary of State has decided under section 15(6) that a prohibited munition should be destroyed, and

(b)the prohibited munition is on premises where a warning relating to that prohibited munition was affixed under section 13(4)(b).

(4)The justice of the peace may issue a warrant authorising a person acting under the authority of the Secretary of State to enter the premises and destroy the prohibited munition if it is found there.

(5)An application for a warrant under subsection (4)—

(a)may be made by any person acting under the authority of the Secretary of State, and

(b)must specify the premises in respect of which the application is made.

(6)A warrant issued under subsection (4) may authorise entry on one occasion only.

(7)A warrant issued under subsection (4)—

(a)continues in force for the period of one month beginning with the date on which it was issued, and

(b)may be executed by any person acting under the authority of the Secretary of State.

(8)A person authorised by a warrant issued under subsection (4) to enter premises may, if necessary, use force to enter the premises.

(9)A person who enters premises under an authorisation given under subsection (2) or a warrant issued under subsection (4) may take such other persons and such equipment on to the premises as appear to that person to be necessary.

(10)An authorisation given under subsection (2) or a warrant issued under subsection (4) may provide that the person who exercises the powers conferred by the authorisation or the warrant may, if that person is not a constable, do so only in the presence of a constable.

(11)In the application of subsections (3) and (4) to Scotland—

(a)the references to a justice of the peace are to be read as including references to the sheriff, and

(b)the reference to information on oath is to be read as a reference to evidence on oath.

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