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Paragraph 9 Offences relating to destruction etc

Original text. Later amendments are not shown.

(1)

If—

(a)

a copy of a notice is served on a person under section 4,

(b)

the notice relates to an object in his possession at the time the copy is served,

(c)

he relinquishes possession before the date specified under section 4(3)(e), and

(d)

he has no reasonable excuse for so relinquishing possession,

he is guilty of an offence.

(2)

If a person wilfully obstructs a person in—

(a)

entering or searching premises under an authorisation given under section 5(1) or (2) or 7(6) or (7),

(b)

making an object safe, seizing or removing an object, or affixing a warning, under section 5(4),

(c)

destroying an object under an authorisation given under section 6(2) or 7(6) or (7), or

(d)

attempting to do anything mentioned in paragraphs (a) to (c),

the person so obstructing is guilty of an offence.

(3)

If—

(a)

a warning is affixed under section 5(4),

(b)

a person interferes with the warning, or moves or interferes with the object before the date specified in the warning, and

(c)

he has no reasonable excuse for doing so,

he is guilty of an offence.

(4)

A person guilty of an offence under any of the preceding provisions of this section is liable—

(a)

on summary conviction, to a fine not exceeding £5,000 or its equivalent;

(b)

on conviction on indictment, to a fine.

(5)

A person who knowingly makes a false or misleading statement in response to a copy of a notice served under section 4, 6 or 7 is guilty of an offence and liable—

(a)

on summary conviction, to a fine not exceeding £5,000 or its equivalent;

(b)

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.