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Cluster Munitions (Prohibitions) Act 2010

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This is the original version (as it was originally enacted).

21Power to search and obtain evidence: issue of warrant

This section has no associated Explanatory Notes

(1)A justice of the peace may issue a warrant authorising a person acting under the authority of the Secretary of State to enter and search premises if the justice of the peace is satisfied, on information on oath, that either condition A or condition B is satisfied in relation to those premises.

(2)Condition A is that there are reasonable grounds for suspecting that an offence under this Act is being, has been or is about to be committed on the premises.

(3)Condition B is that there are reasonable grounds for suspecting that evidence of the commission of an offence under this Act is to be found on the premises.

(4)An application for a warrant under this section—

(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.

(5)A warrant issued under this section may authorise entry on one occasion only.

(6)A warrant issued under this section—

(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.

(7)In the application of subsection (1) 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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