[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)

28O Enforcement powers in relation to ships: Northern Ireland U.K.

(1) [F2 A Northern Ireland constable] may exercise the powers set out in Part 3 of Schedule 4A (“Part 3 powers”) in relation to any of the following in Northern Ireland 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 3 powers may be exercised only—

(a) for the purpose of preventing, detecting, investigating or prosecuting an offence under section 25 [F3 or 25A], and

(b) in accordance with the rest of this section.

(3) The authority of the Secretary of State is required before F4 ... a Northern Ireland constable F5 ... may exercise Part 3 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 3 powers in relation to the ship.]

Textual Amendments

F2 Words in s. 28O(1) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 7 para. 5(a); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 22 (with Sch. 2 para. 8)

F3 Words in s. 28O(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)(ix) (with Sch. 1 para. 1(5))

F4 Words in s. 28O(3) omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 7 para. 5(b)(i); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 22 (with Sch. 2 para. 8)

F5 Words in s. 28O(3) omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 7 para. 5(b)(ii); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 22 (with Sch. 2 para. 8)

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)