Commentary on Sections Section 13: Removal or immobilisation of prohibited munitions
73.This section confers powers on persons authorised by the Secretary of State to either remove any prohibited munition found as the result of the powers of entry conferred by section 12 for the purposes of destruction or leave it in place forbidding anyone to interfere with it or move it within a specified period.
74.Under subsection (1) the persons authorised by a warrant under section 12(2) to enter the premises may use force, if necessary, to enter the premises.
75.Subsection (2) enables the persons entering under a warrant or under an authorisation issued by the Secretary of State to take with them other people and such equipment as appear necessary, if for example it is expected that this object will be large and difficult to handle, or dangerous.
76.Under subsection (3) the person entering under a warrant or under an authorisation issued by the Secretary of State may make safe any prohibited munition found. Subsection (7) defines what is “safe” for the purposes of this section. The prohibited munition is made safe by preventing it from being an immediate danger, but without it being destroyed.
77.Where in the course of an authorised search, a prohibited munition is found, the authorised person may also under subsection (4) seize and remove the prohibited munition, if it is reasonably practicable to do so. If it is not reasonably practicable to remove it, they can affix a notice either on the prohibited munition itself or in a conspicuous position near it. Subsection (4)(b) stipulates that this notice should state that the prohibited munition is not to be moved or interfered with before a specified date. The notice itself is also not to be interfered with before the specified date.
78.Subsection (5) provides for the situation when a prohibited munition is found in the possession of persons who would have a defence to a charge of possession under section 5 or 6. In that case, neither the powers to make safe, seize or remove the prohibited munition, nor the power to affix a warning notice to it, may be exercised.
79.The restriction in subsection (5) will not operate in the case of a prohibited munition that has been abandoned.
80.Under subsection (6) the authorisation given under section 12(1) or warrant issued under section 12(2) can provide that the authorised person may only exercise the powers conferred on them if accompanied by a constable (if they are not a constable themselves).