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Gun Barrel Proof Act 1978

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Changes over time for: Paragraph 15

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There are currently no known outstanding effects for the Gun Barrel Proof Act 1978, Paragraph 15. Help about Changes to Legislation

15(1)In section 138 of the Act of 1868—U.K.

(a)for the words from the beginning to “Possession of” there shall be substituted the words “If either of the Two Companies have reasonable cause to suspect that there is in any premises or place”; and

(b)for the words from “The Company may apply” to the end there shall be substituted the words “the Company may apply to a justice for a search warrant under subsection (2) below or, in Scotland, make report of their suspicion and the grounds therefor to the Crown Agent in the Crown Office in Edinburgh for such investigation and for such proceedings as he may consider necessary having regard to Part II of the Criminal Procedure (Scotland) Act 1975” .

(2)The said section 138 shall be renumbered as subsection (1) of that section and after that subsection there shall be inserted the following subsections—

(2)If on an application under subsection (1) above a justice is satisfied by information on oath that there is reasonable ground for any such suspicion as is mentioned in that subsection, he may grant a search warrant authorising any officer of either of the Two Companies together with a constable—

(a)to enter at any time any premises or place specified in the warrant, if necessary by force, and to search the premises or place and every person found there and

(b)to seize and detain—

(i)any stamp or part of a stamp which he suspects to be a forgery or counterfeit of a stamp or part of a stamp provided or used at any time by either of the Two Companies ; and

(ii)any barrel which he suspects to be a barrel to which subsection (1) above applies and any small arm or part of a small arm of which any such barrel forms part,

(3)Subsection (1) above shall apply in relation to—

(a)any barrel bearing any forged or counterfeit mark or part of a mark, or imitation of a mark or part of a mark, which is or at any time was a convention proof mark; and

(b)any small arm or part of a small arm of which any such barrels forms part,

as it applies in relation to any such barrel as is mentioned in any of paragraphs (2) to (9) of that subsection and any small arm or part of a small arm of which any such barrel forms part.

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