Legislation – Air Traffic Management and Unmanned Aircraft Act 2021
Changes to legislation:
There are currently no known outstanding effects for the Air Traffic Management and Unmanned Aircraft Act 2021, Paragraph 3.
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SCHEDULE 8Unmanned aircraft: powers of police officers and prison authorities
PART 1General powers of police officers
Power to enter and search premises under warrant
3
(1)
If a justice of the peace is satisfied that there are reasonable grounds for believing that articles to which this paragraph applies are on any premises, the justice of the peace may issue a warrant authorising a constable to—
(a)
enter and search the premises, and
(b)
seize anything found there which the constable has reason to believe is such an article.
(2)
This paragraph applies to an article if it is—
(a)
an unmanned aircraft, or
(b)
an article associated with an unmanned aircraft,
which has been involved in the commission of a relevant unmanned aircraft offence.
(3)
The power to search conferred by sub-paragraph (1)(a) is only a power to search to the extent that is reasonably required for the purpose of discovering—
(a)
an unmanned aircraft, or
(b)
an article associated with an unmanned aircraft.
(4)
In England and Wales, sections 15 and 16 of the Police and Criminal Evidence Act 1984 (execution of search warrants and safeguards) apply to warrants issued under this paragraph.
(5)
In Northern Ireland, Articles 17 and 18 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (execution of search warrants and safeguards) apply to warrants issued under this paragraph.
(6)
In Scotland—
(a)
a warrant under this paragraph may be issued on the application of a constable or a procurator fiscal;
(b)
the application must be supported by evidence on oath;
(c)
the person applying for the warrant must answer on oath any question that the justice of the peace, summary sheriff or sheriff hearing the application asks the person;
(d)
in the case of an application made by a procurator fiscal, that requirement may be met by a constable;
(e)
a warrant under this paragraph may authorise persons to accompany any constable who is executing it if the justice, summary sheriff or sheriff issuing the warrant is satisfied that their presence is likely to be helpful to the search;
(f)
a person so authorised may exercise any power conferred by the warrant, but only in the company of, and under the supervision of, a constable.
(7)
In the application of this paragraph to Scotland, for each reference to a justice of the peace (except those in sub-paragraph (6)) substitute references to a justice of the peace or a summary sheriff or a sheriff.
(8)
In the application of this paragraph to Northern Ireland, for each reference to a justice of the peace substitute a reference to a lay magistrate.