Paragraph 10 Power to Enter Premises and Destroy Objects
This section applies if a warning has been affixed under section 8, and for the purposes of this section—
the first six months of the warning is the period of six months beginning with the day after the warning was affixed; and
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.
If at any time in the first six months of the warning—
any person appears to the Governor to have had the object in his possession immediately before the warning was affixed, or
any person not falling within paragraph (a) appear to the Governor to have an interest which the Governor believes would be materially affected by the object’s destruction,
the Governor must serve on that person a copy of a notice falling within subsection (3).
A notice falling within this subsection is a notice which—
describes the object and states its location;
states that the Governor proposes to secure its destruction and gives the reasons for his proposal;
states that the person on whom the copy of the notice is served may object to the Governor’s proposal; and
states that an objection (if made)—
must be made in writing to the Governor before such date as is specified in the notice; and
must state why the object should not be destroyed.
If at any time in the second six months of the warning the Governor decides that the object should be destroyed, it may be destroyed as provided by subsections (6) to (10).
Before he reaches a decision under subsection (4) the Governor must—
allow any person on whom a copy of a notice has been served under subsection (2) time to respond, and
take into account any objections to the object’s proposed destruction (whether made in response to a notice or otherwise).
If—
at any time in the second six months of the warning the Governor decides that the object should be destroyed, and
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,
the Governor may authorise a person to enter the premises and to destroy the object if it is found there.
If (whatever the nature of the premises concerned) a justice of the peace is satisfied, on information on oath, that a decision of the Governor for the destruction of an object provides grounds for issuing a warrant in relation to any premises, he may issue a warrant in writing authorising a person acting under the authority of the Governor 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.
For the purposes of subsection (7) a decision of the Governor for the destruction of an object provides grounds for issuing a warrant in relation to any premises if—
the premises are premises where a warning has been affixed under section 8 as respects any object; and
the Governor has decided, at any time in the second six months of the warning, that the object should be destroyed.
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.
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 police officer.
Where an object is destroyed under this section, the Governor 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 Governor in connection with the destruction.