F1PART 3AMaritime enforcement
28PAF2Power to seize and dispose of ships etc.
1
This section applies if—
a
an immigration officer has reasonable grounds to suspect that a ship has been used in the commission of a relevant offence, and
b
the ship is in United Kingdom waters or otherwise in the United Kingdom.
2
Subject to subsection (3), the immigration officer may seize the ship and any property relating to the operation or use of the ship.
3
The authority of the Secretary of State is required before an immigration officer may seize anything under this section.
4
If an immigration officer seizes a foreign ship or a ship registered under the law of a relevant territory, the Secretary of State must notify the home state or relevant territory in question that the ship has been seized.
5
In subsection (4) “home state”, in relation to a foreign ship, means—
a
the State in which the ship is registered, or
b
the State whose flag the ship is otherwise entitled to fly.
6
Where a ship without nationality, or property relating to the operation or use of a ship without nationality, is seized under this section—
a
section 26 of the UK Borders Act 2007 (disposal of property) and any regulations made under that section do not apply in respect of that ship or other property, and
7
The Secretary of State may—
a
return the ship or other property to the person whom the Secretary of State believes to be its owner, or
b
after the relevant period—
i
dispose of the ship or other property, or
ii
determine that the ship or other property is to be retained to be used in the course of, or in connection with, a function under the Immigration Acts.
8
On the making of a determination under subsection (7)(b)(ii), the ship or other property vests in the Secretary of State.
9
The relevant period is the period of 31 days beginning with the date on which the ship or other property was seized.
10
Before exercising a power under subsection (7)(b), the Secretary of State must make reasonable efforts to—
a
ascertain the identity of the owner of the ship or other property, and
b
subject to subsection (11), notify that person that the ship or other property has been seized.
11
The Secretary of State is not required to notify a person under subsection (10)(b) if to do so may prejudice any criminal investigation or criminal proceedings.
12
Disposal under this section may be in any manner the Secretary of State thinks fit, including—
a
by sale;
b
by dismantling;
c
by destruction;
d
by donation of the ship or other property to a charity or other not-for-profit body.
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)