F1PART 3AMaritime enforcement

Annotations:
Amendments (Textual)

C128NEnforcement powers in relation to ships: Scotland

1

An immigration officer, a Scottish constable or an enforcement officer may exercise the powers set out in Part 2 of Schedule 4A (“Part 2 powers”) in relation to any of the following in Scotland waters—

a

a United Kingdom ship;

b

a ship without nationality;

c

a foreign ship;

d

a ship registered under the law of a relevant territory.

2

But Part 2 powers may be exercised only—

a

for the purpose of preventing, detecting, investigating or prosecuting an offence under section 25 F2or 25A, and

b

in accordance with the rest of this section.

3

The authority of the Secretary of State is required before an immigration officer, a Scottish constable or an enforcement officer may exercise Part 2 powers in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to the United Kingdom.

4

Authority for the purposes of subsection (3) may be given in relation to a foreign ship only if the Convention permits the exercise of Part 2 powers in relation to the ship.