(1) This section applies if a person claims that—
(a) an object has been destroyed under section 9 or 10;
(b) he had an interest which was materially affected by the destruction;
(c) he sustained loss as a result of the destruction; and
(d) 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—
(a) the person concerned makes an application under this section to the High Court or, in Scotland, the Court of Session, and
(b) 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.
(1) A person is guilty of an offence if—
(a) a copy of a notice has been served on him under section 7;
(b) the notice related to an object in his possession at the time the copy was served;
(c) he relinquishes possession of the object before the date specified under section 7(2)(e); and
(d) he has no reasonable excuse for so relinquishing possession.
(2) A person is guilty of an offence if he wilfully obstructs another in the doing by that other of any of the following—
(a) entering or searching premises under an authorisation given or warrant issued under section 8(1) or (2) or 10(6) or (7);
(b) making an object safe, seizing or removing an object, or affixing a warning, under section 8(5);
(c) destroying an object under an authorisation given under section 9(4) or 10(6) or (7);
(d) attempting to do anything mentioned in paragraphs (a) to (c).
(3) A person is guilty of an offence if—
(a) a warning relating to an object has been affixed under section 8(5);
(b) he interferes with the warning or, before the date specified in the warning, moves or interferes with the object; and
(c) he has no reasonable excuse for doing so.
(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 of an amount not exceeding the statutory maximum;
(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 7, 9 or 10 is guilty of an offence and liable—
(a) on summary conviction, to a fine of an amount not exceeding the statutory maximum;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(1) If it is proposed that any of the functions of a fact-finding mission should be carried out in the United Kingdom, the Secretary of State may issue an authorisation under this section in respect of that mission.
(2) An authorisation under this section shall—
(a) contain a description of the area of the United Kingdom (the “specified area”) in which the fact-finding mission is to carry out functions; and
(b) state the names of the members of the mission.
(3) Such an authorisation shall have the effect of authorising the members of the fact-finding mission—
(a) to exercise within the specified area such rights of access, entry and unobstructed inspection as are required for the purposes of the carrying out of the mission’s functions under the Ottawa Convention; and
(b) to do such other things within that area in connection with the carrying out of the mission’s functions as they are entitled to do by virtue of that Convention.
(4) Such an authorisation shall, in addition, have the effect of authorising any constable to give such assistance as any member of the fact-finding mission may request for the purpose of facilitating the carrying out of the functions of the mission in accordance with the Ottawa Convention.
(5) Any constable giving assistance in accordance with subsection (4) may use such reasonable force as he considers necessary for the purpose mentioned in that subsection.
(6) The occupier of—
(a) any premises in relation to which it is proposed to exercise a right of entry in reliance on an authorisation under this section, or
(b) any premises on which an inspection is being carried out in reliance on such an authorisation,
or a person acting on behalf of the occupier of any such premises, shall be entitled to require a copy of the authorisation to be shown to him by a member of the fact-finding mission.
(7) The validity of any authorisation purporting to be issued under this section in respect of any fact-finding mission shall not be called in question in any court of law at any time before the conclusion of the carrying out of the mission’s functions in the United Kingdom.
(8) Accordingly, where an authorisation purports to be issued under this section in respect of any fact-finding mission, no proceedings (of whatever nature) shall be brought at any time before the conclusion of the carrying out of the mission’s functions in the United Kingdom if those proceedings would, if successful, have the effect of preventing, delaying or otherwise affecting the carrying out of the mission’s functions.
(9) If in any proceedings any question arises whether a person at any time was, or was not, a member of any fact-finding mission, a certificate issued by or under the authority of the Secretary of State stating any fact relating to that question shall be conclusive evidence of that fact.
(10) If an authorisation is issued under this section, the Secretary of State may issue an amendment varying the specified area, and—
(a) from the time when the amendment is expressed to take effect this section shall apply as if the specified area were the area as varied;
(b) subsections (7) and (8) shall apply to the amendment as they apply to the authorisation;
(c) the Secretary of State may issue further amendments varying the specified area and in such a case paragraphs (a) and (b) shall apply.
(1) A person is guilty of an offence if—
(a) he refuses without reasonable excuse to comply with any request made by a member of an authorised fact-finding mission or by a constable assisting such a mission; and
(b) that request is one made for the purpose of facilitating the carrying out by that mission of its functions under the Ottawa Convention.
(2) A person is guilty of an offence if he wilfully obstructs any member of an authorised fact-finding mission in the carrying out of the mission’s functions under the Ottawa Convention.
(3) A person guilty of an offence under this section is liable—
(a) on summary conviction, to a fine of an amount not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(4) In this section “authorised fact-finding mission” means a fact-finding mission in respect of which an authorisation has been issued under section 13.
(1) Members of a fact-finding mission shall enjoy—
(a) immunity from suit and legal process in respect of things done or omitted to be done by them in the carrying out of their functions under the Ottawa Convention;
(b) the like immunity from personal arrest or detention and the like inviolability for all papers and documents as, in accordance with the 1961 Articles, are accorded to a diplomatic agent; and
(c) the like exemptions and privileges in respect of their personal baggage as, in accordance with Article 36 of the 1961 Articles, are accorded to a diplomatic agent.
(2) The immunities, privileges and exemptions accorded to members of fact-finding missions by virtue of subsection (1)(b) and (c) shall be enjoyed by them at any time when they are in the United Kingdom either—
(a) for the purpose of carrying out in the United Kingdom any of the functions of the mission; or
(b) while in transit to or from a country or territory in connection with the carrying out, in that country or territory, of any of the functions of the mission.
(3) If any of the immunities, privileges or exemptions accorded to a member of a fact-finding mission under this section is waived in any particular case by the Secretary General of the United Nations, this section shall have effect in that case as if it did not confer that immunity, privilege or exemption on that member of the mission.
(4) If in any proceedings a question arises whether a person is or is not entitled to any immunity, privilege or exemption by virtue of this section, a certificate issued by or under the authority of the Secretary of State stating any fact relating to that question shall be conclusive evidence of that fact.
(5) In this section “the 1961 Articles” means the Articles which are set out in Schedule 1 to the [1964 c. 81.] Diplomatic Privileges Act 1964 (Articles of Vienna Convention on Diplomatic Relations of 1961 having force of law in the United Kingdom).
The Secretary of State may reimburse any person in respect of expenditure incurred in connection with the carrying out of the functions of a fact-finding mission.
(1) The Secretary of State may, by notice served on any person, require him to give, in such form and within such reasonable period as is specified in the notice, such information as—
(a) the Secretary of State has reasonable cause to believe is or will be needed in connection with anything to be done for the purposes of the Ottawa Convention, and
(b) is described in the notice;
and the information required by a notice may relate to a state of affairs subsisting before the coming into force of this Act or of the Ottawa Convention.
(2) The Secretary of State may, by notice served on any person, require him to keep such records as—
(a) the Secretary of State has reasonable cause to believe will facilitate the giving of information which that person may at any time be required to give under subsection (1); and
(b) are specified in the notice.
(3) A person who without reasonable excuse fails to comply with a notice served on him under subsection (1) or (2) is guilty of an offence and liable—
(a) on summary conviction, to a fine of an amount not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(4) A person on whom a notice is served under subsection (1) and who knowingly makes a false or misleading statement in response to it is guilty of an offence and liable—
(a) on summary conviction, to a fine of an amount not exceeding the statutory maximum;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(1) If—
(a) a justice of the peace is satisfied, on information on oath, that there are grounds for issuing a warrant under this subsection in relation to any premises, or
(b) in Scotland, a justice (within the meaning of section 307 of the [1995 c. 46.] Criminal Procedure (Scotland) Act 1995) is so satisfied by evidence on oath,
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 search them.
(2) There are grounds for issuing a warrant under subsection (1) in relation to any premises if there are reasonable grounds for suspecting—
(a) that an offence under this Act is being, has been or is about to be committed on the premises; or
(b) that evidence of the commission of such an offence is to be found on the premises.
(3) A person who enters any premises under the authority of a warrant under this section may—
(a) take with him such other persons and such equipment as appear to him to be necessary;
(b) inspect any document found on the premises which he has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of an offence under this Act;
(c) take copies of, or seize and remove, any such document;
(d) inspect, seize and remove any device or equipment found on the premises which he has reasonable cause to believe may be required as such evidence;
(e) inspect, sample, seize and remove any substance found on the premises which he has reasonable cause to believe may be required as such evidence.
(4) A constable who enters the premises—
(a) under the authority of the warrant, or
(b) by virtue of subsection (3)(a),
may search any person found on the premises whom he has reasonable cause to believe to be in possession of any document, device, equipment or substance which may be required as evidence for the purposes of proceedings in respect of an offence under this Act.
(5) No constable shall, by virtue of subsection (4), search a person of the opposite sex.
(6) If a warrant under this section so provides, a person (other than a constable) who exercises the powers conferred by the warrant shall do so only in the presence of a constable.
(7) A person is guilty of an offence if he wilfully obstructs another in the exercise of any power conferred by a warrant under this section.
(8) A person guilty of an offence under subsection (7) is liable—
(a) on summary conviction, to a fine of an amount not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(1) This section applies to information if—
(a) it was obtained under, or in connection with anything done under, this Act or the Ottawa Convention; and
(b) it relates to a particular business or other activity carried on by any person.
(2) So long as the business or activity continues to be carried on the information shall not be disclosed except—
(a) with the consent of the person for the time being carrying on the business or activity;
(b) in connection with anything done for the purposes of the Ottawa Convention;
(c) in connection with anything done for the purposes of this Act;
(d) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;
(e) in connection with the enforcement of any restriction on imports or exports; or
(f) with a view to ensuring the security of the United Kingdom.
(3) A person who discloses information in contravention of this section is guilty of an offence and liable—
(a) on summary conviction, to a fine of an amount not exceeding the statutory maximum;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(4) A disclosure of any information to which this section applies may be made in circumstances in which any of paragraphs (b) to (f) of subsection (2) prevents there from being a contravention of this section notwithstanding any obligation not to disclose it that would otherwise apply.
Proceedings for a section 2 offence shall not be instituted—
(a) in England and Wales, except by or with the consent of the Attorney General;
(b) in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland.
(1) Subject to section 20, proceedings for a section 2 offence may be instituted by order of the Commissioners of Customs and Excise if it appears to them that the offence has involved either—
(a) the movement of a prohibited object into or out of any country or territory; or
(b) any proposal or attempt to move a prohibited object into or out of any country or territory.
(2) Any proceedings for an offence which are instituted under subsection (1) shall be commenced in the name of an officer.
(3) In the case of the death, removal, discharge or absence of the officer in whose name any proceedings for an offence were commenced under this section, those proceedings may be continued by another officer.
(4) Where the Commissioners of Customs and Excise investigate, or propose to investigate, any matter with a view to determining—
(a) whether there are grounds for believing that a section 2 offence has been committed, or
(b) whether a person should be prosecuted for such an offence,
that matter shall be treated as an assigned matter within the meaning of the [1979 c. 2.] Customs and Excise Management Act 1979.
(5) Nothing in this section shall be taken—
(a) to prevent any person (including any officer) who has power to arrest, detain or prosecute any person for a section 2 offence from doing so; or
(b) to prevent a court from proceeding to deal with a person brought before it following his arrest by an officer for a section 2 offence, even though the proceedings have not been instituted by an order made under subsection (1).
(6) In this section “officer” means a person commissioned by the Commissioners of Customs and Excise.
(7) This section does not apply to proceedings in Scotland.
(1) The court by or before which a person is convicted of an offence under this Act may order that anything shown to the court’s satisfaction to relate to the offence shall be forfeited and either destroyed or otherwise dealt with in such manner as the court may order.
(2) In particular, the court may order that the thing is to be dealt with as the Secretary of State may see fit; and, in such a case, the powers of the Secretary of State shall include power to direct the destruction of that thing or to secure its disposal in any other way that appears to him to be appropriate.
(3) Where—
(a) the court proposes to order anything to be forfeited under this section, and
(b) a person claiming to have an interest in it applies to be heard by the court,
the court must not order it to be forfeited unless that person has been given an opportunity to show cause why the order should not be made.
(1) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
(a) a director, manager, secretary or other similar officer of the body corporate, or
(b) any person who was purporting to act in any such capacity,
he (as well as the body corporate) shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2) In subsection (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
(3) Where an offence under this Act is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he (as well as the partnership) shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(1) The Secretary of State may by order make such additions to, omissions from or other modifications of this Act as he considers necessary or desirable to give effect to any amendment of the Ottawa Convention made in pursuance of its provisions.
(2) The power to make an order under this section shall be exercisable by statutory instrument, and no such order shall be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.
(1) Any expenses of the Secretary of State incurred in consequence of this Act shall be paid out of money provided by Parliament.
(2) Any sums received by the Secretary of State in consequence of this Act shall be paid into the Consolidated Fund.
A notice under any provision of this Act, or a copy of a notice under any such provision, may be served on a person—
(a) by delivering it to him in person;
(b) by sending it by post to him at his usual or last-known residence or place of business in the United Kingdom; or
(c) in the case of a body corporate, by delivering it to the secretary or clerk of the body corporate at its registered or principal office or sending it by post to the secretary or clerk of that body corporate at that office.
(1) In this Act—
“acquisition”, “disposal”, “transfer” and “participate”, and cognate expressions, shall be construed in accordance with section 2;
“anti-personnel mine”, “component”, “landmine” and “prohibited object” shall be construed in accordance with section 1;
“fact-finding mission” means a fact-finding mission under Article 8 of the Ottawa Convention;
“the Ottawa Convention” means the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, which was signed by the United Kingdom at Ottawa on 3 December 1997;
“premises” includes land (including buildings), moveable structures, vehicles and aircraft;
“section 2 offence” means—
an offence under section 2; or
attempting or conspiring to commit an offence under that section, or incitement to commit such an offence;
and
“vehicle” includes a vessel or hovercraft.
(2) For the purposes of this Act—
(a) an anti-personnel mine shall be taken to be destroyed if it is permanently prevented (by dismantling or any other means) from being capable of incapacitating, killing or injuring any person; and
(b) a component of an anti-personnel mine shall be taken to be destroyed if it is permanently prevented from being used as part of an anti-personnel mine.
(3) The powers conferred by sections 7 to 10 are in addition to, and do not affect, any power exercisable in relation to an object otherwise than by virtue of those sections (such as a power to dispose of property in police possession in connection with the investigation of a suspected offence).
(1) Subject to the following provisions of this section, this Act binds the Crown.
(2) No contravention by the Crown of a provision made by or under this Act shall make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may, on the application of a person appearing to the Court to have an interest, declare any conduct of the Crown constituting such a contravention to be unlawful.
(3) Notwithstanding subsection (2), the provisions made by or under this Act apply to persons in the public service of the Crown as they apply to other persons.
(4) Nothing in this section affects Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the [1947 c. 44.] Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in this Act.
(1) This Act may be cited as the Landmines Act 1998.
(2) This Act (except this section) shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
(3) This Act extends to Northern Ireland.
(4) Her Majesty may by Order in Council make provision for this Act to extend, with such exceptions, adaptations or modifications as may be provided for by means of the Order, to any of the Channel Islands, the Isle of Man or any colony.