Page:Chemical Weapons Act 1996.pdf/9

Rh :(b) in Scotland a justice, within the meaning of section 307 of the Criminal Procedure (Scotland) Act 1995, is satisfied by evidence on oath as mentioned in paragraph (a), he may issue a warrant in writing authorising a person acting under the authority of the Secretary of State 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.

(8) A person who acts under an authorisation given under subsection (6) or (7) may take with him such other persons and such equipment as appear to him to be necessary.

(9) The powers conferred on an authorised person under this section shall only be exercisable, if the authorisation under subsection (6) or the warrant so provides, in the presence of a constable.

(10) Where an object is destroyed under this section the Secretary of State may recover from a responsible person any costs reasonably incurred by the Secretary of State in connection with the destruction; and a responsible person is any person who had possession of the object immediately before the warning was affixed under section 5.

8.—(1) This section applies if a person claims that—
 * (a) an object has been destroyed under section 6 or 7
 * (b) he had an interest which was materially affected by the destruction and he sustained loss as a result, and
 * (c) no copy of a notice was served on him under the section concerned (whether or not one was served on any other person).

(2) If the person concerned makes an application under this section to the High Court or in Scotland the Court of Session, and the Court finds that his claim is justified, the Court may order the Secretary of State to pay to the applicant such amount (if any) by way of compensation as the Court considers just.

(3) If the Court believes that the object would have been destroyed even if a copy of a notice had been served on the applicant under the section concerned the Court must not order compensation to be paid under this section.

9.—(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),