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Section 33

of Atomic Energy Licensing Act 1984

ActIn forceProvision 33 of 71

Section 33

(1)

Whenever it appears to any Magistrate, upon written information on oath and after such inquiry as he deems necessary,

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that there is reasonable ground to believe that in or on any premises, site, nuclear installation or conveyance there is concealed, kept, deposited or stored any radioactive material, nuclear material, prescribed substance or irradiating apparatus in respect of which an offence has been committed under this Act, or any book or document directly or indirectly relating to or connected with any dealing in any radioactive material, nuclear material, prescribed substance or irradiating apparatus which was, or any intended dealing of the same which would be, an offence under this Act, that Magistrate may issue a warrant authorizing any named senior public officer, by day or night and with or without assistance—

(a)

to enter the premises, site, nuclear installation or conveyance and there to search for and seize such radioactive material, nuclear material, prescribed substance, irradiating apparatus, book or document;

(b)

to arrest any person being in or on the premises, site, nuclear installation or conveyance in whose possession or under whose control such radioactive material, nuclear material, prescribed substance, irradiating apparatus, book or document is found, or whom such officer reasonably believes to have been dealing in such radioactive material, nuclear material, prescribed substance or irradiating apparatus, or to have been in possession or control of such book or document or to have brought, received, concealed, kept, deposited or stored such radioactive material, nuclear material, prescribed substance, irradiating apparatus, book or document.

(2)

Such officer may if it is necessary so to do, with or without assistance —

(a)

break open any door or window or part of the premises, site, nuclear installation or conveyance to have ingress thereinto;

(b)

forcibly enter the premises, site, nuclear installation or conveyance and every part of it;

(c)

remove by force any obstruction to entry, search, seizure and removal as he is empowered to effect; and

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(d)

detain every person found in or on the premises, site, nuclear installation or conveyance until the premises, site, nuclear installation or conveyance has been searched.