F1PART 3AMaritime enforcement
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.
Pt. 3A inserted (31.5.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 14 para. 7; S.I. 2016/603, reg. 2(d)