OpenLegislation

Section 15 Power to search for munitions and radio transmitters.

Northern Ireland

(1)

Any member of Her Majesty’s forces on duty or any constable may enter any premises or other place other than a dwelling-house for the purpose of ascertaining—

(a)

whether there are any munitions unlawfully at that place; or

(b)

whether there is a transmitter at that place;

and may search the place for any munitions or transmitter with a view to exercising the powers conferred by subsection (4) below.

(2)

Any member of Her Majesty’s forces on duty authorised by a commissioned officer of those forces or any constable authorised by an officer of the Royal Ulster Constabulary not below the rank of chief inspector may enter any dwelling-house in which F1there are reasonable grounds for suspecting that there are unlawfully any munitions or that there is a transmitter and may search it for any munitions or transmitter with a view to exercising the said powers.

(3)

Any member of Her Majesty’s forces on duty or any constable may—

(a)

stop any person in any public place and, with a view to exercising the said powers, search him for the purpose of ascertaining whether he has any munitions unlawfully with him or any transmitter with him; and

(b)

with a view to exercising the said powers, search any person not in a public place F2who he has reasonable grounds to suspect has any munitions unlawfully with him or any transmitter with him.

F3(4)

Where a member of her Majesty’s forces or a constable is empowered by virtue of any provision of this Act to search any premises or other place or any person—

(a)

he may seize any munitions found in the course of the search (unless it appears to him that the munitions are being, have been and will be used only lawfully) and may retain and, if necessary, distroy them; and

(b)

he may seize any transmitter found in the course of the search (unless it appears to him that the transmitter has been, is being and is likely to be used only lawfully) and may retain it.

F4(4A)

The preceding provisions of this section shall have effect in relation to scanning receivers as they have effect in relation to transmitters.

(5)

In this section—

  • “munitions” means—

(a)

explosives, explosive substances, firearms and ammunition; and

(b)

anything used or capable of being used in the manufacture of any explosive, explosive substance, firearm or ammunition;

  • F5“scanning receiver”means—

(a)

any apparatus for wireless telegraphy designed or adapted for the purpose of automatically monitoring selected frequencies, or automatically scanning a selected range of frequencies, so as to enable transmissions on any of those frequencies to be detected or intercepted; or

(b)

part of any such apparatus;

  • “transmitter” means any apparatus for wireless telegraphy designed or adapted for emission, as opposed to reception, F6or part of any such apparatus;

  • “wireless telegraphy” has the same meaning as in section 19(1) of the M1Wireless Telegraphy Act 1949.

Annotations

Textual amendments

F1

Words substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1), Sch. 1 para. 3(a)

F2

Words substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1), Sch. 1 para. 3(b)

F3

S. 15(4) substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1), Sch. 1 para. 3(c)

F4

S. 15(4A) inserted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 7(2)

F5

Definition inserted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 7(3)

F6

Word substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:2), s. 25(1), Sch. 1 para. 3(d)

Marginal citations

M1

1949 c. 54.

Notes on the whole Act

Textual amendments

F1

Act repealed (27.8.1991) by Northern Ireland (Emergency Provisions) Act 1991 (c. 24, SIF 39:1), ss. 69(1), 70(4), Schedule 8 PartI