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| Power to enter premises and destroy objects. |
10. - (1) This section applies if a warning has been affixed under section 8, and for the purposes of this section-
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(a) the first six months of the warning is the period of six months beginning with the day after the warning was affixed; and |
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(b) the second six months of the warning is the period of six months beginning with the day after the first six months of the warning ends. |
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(2) If at any time in the first six months of the warning-
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(a) any person appears to the Secretary of State to have had the object in his possession immediately before the warning was affixed, or |
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(b) any person not falling within paragraph (a) appears to the Secretary of State to have an interest which the Secretary of State believes would be materially affected by the object's destruction, |
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the Secretary of State must serve on that person a copy of a notice falling within subsection (3).
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(3) A notice falling within this subsection is a notice which-
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(a) describes the object and states its location; |
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(b) states that the Secretary of State proposes to secure its destruction and gives the reasons for his proposal; |
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(c) states that the person on whom the copy of the notice is served may object to the Secretary of State's proposal; and |
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(d) states that an objection (if made)- |
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(i) must be made in writing to the Secretary of State before such date as is specified in the notice; and
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(ii) must state why the object should not be destroyed.
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(4) If at any time in the second six months of the warning the Secretary of State decides that the object should be destroyed, it may be destroyed as provided by subsections (6) to (10).
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(5) Before he reaches a decision under subsection (4) the Secretary of State must-
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(a) allow any person on whom a copy of a notice has been served under subsection (2) time to respond, and |
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(b) take into account any objections to the object's proposed destruction (whether made in response to a notice or otherwise). |
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(6) If-
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(a) at any time in the second six months of the warning the Secretary of State decides that the object should be destroyed, and |
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(b) the object is on premises to which the public has access or which are occupied by a person who consents to action being taken under this subsection, |
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the Secretary of State may authorise a person to enter the premises and to destroy the object if it is found there.
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(7) If (whatever the nature of the premises concerned)-
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(a) a justice of the peace is satisfied, on information on oath, that a decision of the Secretary of State for the destruction of an object provides grounds for issuing a warrant in relation to any premises, or |
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(b) in Scotland, a justice (within the meaning of section 307 of the Criminal Procedure (Scotland) Act 1995) is so satisfied by evidence on oath, |
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he may issue a warrant in writing authorising a person acting under the authority of the Secretary of State to enter the premises, if necessary by force, at any time within one month from the time of the issue of the warrant and to destroy the object if it is found there.
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(8) For the purposes of subsection (7) a decision of the Secretary of State for the destruction of an object provides grounds for issuing a warrant in relation to any premises if-
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(a) the premises are premises where a warning has been affixed under section 8 as respects any object; and |
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(b) the Secretary of State has decided, at any time in the second six months of the warning, that the object should be destroyed. |
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(9) A person who acts under an authorisation or warrant under subsection (6) or (7) may take with him such other persons and such equipment as appear to him to be necessary.
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(10) If the authorisation or the warrant so provides, the powers conferred on any person by an authorisation or warrant under subsection (6) or (7) shall be exercisable only in the presence of a constable.
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(11) Where an object is destroyed under this section the Secretary of State may recover, from any person who had possession of the object immediately before the warning was affixed under section 8, any costs reasonably incurred by the Secretary of State in connection with the destruction.
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| Compensation for destruction. |
11. - (1) This section applies if a person claims that-
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(a) an object has been destroyed under section 9 or 10; |
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(b) he had an interest which was materially affected by the destruction; |
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(c) he sustained loss as a result of the destruction; and |
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(d) no copy of a notice was served on him under the section concerned (whether or not one was served on any other person). |
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(2) If-
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(a) the person concerned makes an application under this section to the High Court or, in Scotland, the Court of Session, and |
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(b) the Court finds that his claim is justified, |
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the Court may order the Secretary of State to pay to the applicant such amount (if any) by way of compensation as the Court considers just.
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(3) If the Court believes that the object would have been destroyed even if a copy of a notice had been served on the applicant under the section concerned, the Court must not order compensation to be paid under this section.
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| Offences relating to destruction etc. |
12. - (1) A person is guilty of an offence if-
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(a) a copy of a notice has been served on him under section 7; |
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(b) the notice related to an object in his possession at the time the copy was served; |
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(c) he relinquishes possession of the object before the date specified under section 7(2)(e); and |
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(d) he has no reasonable excuse for so relinquishing possession. |
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(2) A person is guilty of an offence if he wilfully obstructs another in the doing by that other of any of the following-
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(a) entering or searching premises under an authorisation given or warrant issued under section 8(1) or (2) or 10(6) or (7); |
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(b) making an object safe, seizing or removing an object, or affixing a warning, under section 8(5); |
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(c) destroying an object under an authorisation given under section 9(2) or 10(6) or (7); |
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(d) attempting to do anything mentioned in paragraphs (a) to (c). |
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(3) A person is guilty of an offence if-
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(a) a warning relating to an object has been affixed under section 8(5); |
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(b) he interferes with the warning or, before the date specified in the warning, moves or interferes with the object; and |
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(c) he has no reasonable excuse for doing so. |
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(4) A person guilty of an offence under any of the preceding provisions of this section is liable-
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(a) on summary conviction, to a fine of an amount not exceeding the statutory maximum; |
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(b) on conviction on indictment, to a fine. |
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(5) A person who knowingly makes a false or misleading statement in response to a copy of a notice served under section 7, 9 or 10 is guilty of an offence and liable-
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(a) on summary conviction, to a fine of an amount not exceeding the statutory maximum; |
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(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both. |
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Fact-finding missions under the Ottawa Convention |
| Rights of entry etc. for fact-finding missions. |
13. - (1) If it is proposed that any of the functions of a fact-finding mission should be carried out in the United Kingdom, the Secretary of State may issue an authorisation under this section in respect of that mission.
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(2) An authorisation under this section shall-
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(a) contain a description of the area of the United Kingdom (the "specified area") in which the fact-finding mission is to carry out functions; and |
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(b) state the names of the members of the mission. |
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(3) Such an authorisation shall have the effect of authorising the members of the fact-finding mission-
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(a) to exercise within the specified area such rights of access, entry and unobstructed inspection as are required for the purposes of the carrying out of the mission's functions under the Ottawa Convention; and |
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(b) to do such other things within that area in connection with the carrying out of the mission's functions as they are entitled to do by virtue of that Convention. |
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(4) Such an authorisation shall, in addition, have the effect of authorising any constable to give such assistance as any member of the fact-finding mission may request for the purpose of facilitating the carrying out of the functions of the mission in accordance with the Ottawa Convention.
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(5) Any constable giving assistance in accordance with subsection (4) may use such reasonable force as he considers necessary for the purpose mentioned in that subsection.
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(6) The occupier of-
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(a) any premises in relation to which it is proposed to exercise a right of entry in reliance on an authorisation under this section, or |
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(b) any premises on which an inspection is being carried out in reliance on such an authorisation, |
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or a person acting on behalf of the occupier of any such premises, shall be entitled to require a copy of the authorisation to be shown to him by a member of the fact-finding mission.
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(7) The validity of any authorisation purporting to be issued under this section in respect of any fact-finding mission shall not be called in question in any court of law at any time before the conclusion of the carrying out of the mission's functions in the United Kingdom.
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(8) Accordingly, where an authorisation purports to be issued under this section in respect of any fact-finding mission, no proceedings (of whatever nature) shall be brought at any time before the conclusion of the carrying out of the mission's functions in the United Kingdom if those proceedings would, if successful, have the effect of preventing, delaying or otherwise affecting the carrying out of the mission's functions.
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(9) If in any proceedings any question arises whether a person at any time was, or was not, a member of any fact-finding mission, a certificate issued by or under the authority of the Secretary of State stating any fact relating to that question shall be conclusive evidence of that fact.
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(10) If an authorisation is issued under this section, the Secretary of State may issue an amendment varying the specified area, and-
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(a) from the time when the amendment is expressed to take effect this section shall apply as if the specified area were the area as varied; |
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(b) subsections (7) and (8) shall apply to the amendment as they apply to the authorisation; |
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(c) the Secretary of State may issue further amendments varying the specified area and in such a case paragraphs (a) and (b) shall apply. |
| Offences in connection with fact-finding missions. |
14. - (1) A person is guilty of an offence if-
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(a) he refuses without reasonable excuse to comply with any request made by a member of an authorised fact-finding mission or by a constable assisting such a mission; and |
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(b) that request is one made for the purpose of facilitating the carrying out by that mission of its functions under the Ottawa Convention. |
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(2) A person is guilty of an offence if he wilfully obstructs any member of an authorised fact-finding mission in the carrying out of the mission's functions under the Ottawa Convention.
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(3) A person guilty of an offence under this section is liable-
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(a) on summary conviction, to a fine of an amount not exceeding the statutory maximum; |
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(b) on conviction on indictment, to a fine. |
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(4) In this section "authorised fact-finding mission" means a fact-finding mission in respect of which an authorisation has been issued under section 13.
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| Privileges and immunities for fact-finding missions. |
15. - (1) Members of a fact-finding mission shall enjoy-
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(a) immunity from suit and legal process in respect of things done or omitted to be done by them in the carrying out of their functions under the Ottawa Convention; |
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(b) the like immunity from personal arrest or detention and the like inviolability for all papers and documents as, in accordance with the 1961 Articles, are accorded to a diplomatic agent; and |
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(c) the like exemptions and privileges in respect of their personal baggage as, in accordance with Article 36 of the 1961 Articles, are accorded to a diplomatic agent. |
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(2) The immunities, privileges and exemptions accorded to members of fact-finding missions by virtue of subsection (1)(b) and (c) shall be enjoyed by them at any time when they are in the United Kingdom either-
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(a) for the purpose of carrying out in the United Kingdom any of the functions of the mission; or |
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(b) while in transit to or from a country or territory in connection with the carrying out, in that country or territory, of any of the functions of the mission. |
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(3) If any of the immunities, privileges or exemptions accorded to a member of a fact-finding mission under this section is waived in any particular case by the Secretary General of the United Nations, this section shall have effect in that case as if it did not confer that immunity, privilege or exemption on that member of the mission.
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(4) If in any proceedings a question arises whether a person is or is not entitled to any immunity, privilege or exemption by virtue of this section, a certificate issued by or under the authority of the Secretary of State stating any fact relating to that question shall be conclusive evidence of that fact.
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(5) In this section "the 1961 Articles" means the Articles which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 (Articles of Vienna Convention on Diplomatic Relations of 1961 having force of law in the United Kingdom).
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| Reimbursement of expenditure. |
16. The Seretary of State may reimburse any person in respect of expenditure incurred in connection with the carrying out of the functions of a fact-finding mission.
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Information and records |
