Securing destruction of prohibited munitions
16Power to enter premises and destroy immobilised prohibited munitions
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
10
11
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.