Immigration Act 1971 (c. 77)

[F1 PART 3A U.K. Maritime enforcement

Textual Amendments

F1 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)

28N Enforcement powers in relation to ships: Scotland U.K.

(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 [F2 or 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.]

Textual Amendments

F2 Words in s. 28N(2)(a) substituted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), reg. 1(2), Sch. 1 para. 1(1)(a)(viii) (with Sch. 1 para. 1(5))

Modifications etc. (not altering text)

C1 Ss. 24-29: amendment to earlier affecting S.I. 1993/1797, Sch. 1 Pt. 1 (11.10.2017 coming into force in accordance with art. 1) by The Immigration (Jersey) (Amendment) Order 2017 (S.I. 2017/981), Sch. Pt. 1 para. 1 (with art. 6)