Commentary on Sections Section 16: Power to enter premises and destroy immobilised prohibited munitions
93.If the decision is taken under section 15(6) to destroy a prohibited munition, the effect of this section is to confer the power of entry necessary to gain access to premises and the power to destroy the munition.
94.Subsections (1) and (2) provide for a person authorised by the Secretary of State to enter the premises and destroy the prohibited munition. This applies when the prohibited munition is on premises to which the public has access or on premises occupied by a person who consents to the destruction of the prohibited munition.
95.By virtue of subsections (3) and (4) a 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.
96.Subsection (5) provides that any person acting under the authority of the Secretary of State can apply for a warrant. The application must specify the premises concerned. Subsection (6) provides that a warrant can authorise entry on only one occasion.
97.Under subsection (7) the warrant can be executed by anyone authorised by the Secretary of State during the period of one month from the date of issue.
98.Under subsection (8) the person authorised by the warrant issued under subsection (4) may use force, if necessary, to enter the premises.
99.Under subsection (9) a person acting under authority given under subsection (2) or under a warrant issued under subsection (4) may take with them other persons and such equipment as appear necessary.
100.Under subsection (10) the person authorised under subsection (2) or under the warrant issued under subsection (4) may be required to be accompanied by a constable under the terms of the authorisation or warrant, when they exercise the powers authorised.
101.Subsection (11) addresses how in their application to Scotland references to “justice of the peace” and “information on oath” in subsections (3) and (4) should be interpreted.