Immigration Act 1971

[F1 28Q Interpretation of Part 3A U.K.

(1) In this Part—

• “the Convention” means the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) and any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom;

• “enforcement officer” means—

  (a)

  a person who is a commissioned officer of any of Her Majesty's ships, or

  (b)

  a person in command or charge of any aircraft or hovercraft of the Royal Navy, the Army or the Royal Air Force;

• “England and Wales waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales;

• “English and Welsh constable” means only a person who is—

  (a)

  a member of a police force in England and Wales,

  (b)

  a member of the British Transport Police Force, or

  (c)

  a port constable, within the meaning of section 7 of the Marine Navigation Act 2013, or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964;

• “foreign ship” means a ship which—

  (a)

  is registered in a State other than the United Kingdom, or

  (b)

  is not so registered but is entitled to fly the flag of a State other than the United Kingdom;

• “Northern Ireland constable” means only a person who is—

  (a)

  a member of the Police Service of Northern Ireland,

  (b)

  a member of the Police Service of Northern Ireland Reserve, or

  (c)

  a person appointed as a special constable in Northern Ireland by virtue of provision incorporating section 79 of the Harbours, Docks, and Piers Clauses Act 1847;

• “Northern Ireland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Northern Ireland;

• “Part 1 powers” means the powers set out in Part 1 of Schedule 4A;

• “Part 2 powers” means the powers set out in Part 2 of that Schedule;

• “Part 3 powers” means the powers set out in Part 3 of that Schedule;

• “relevant territory” means—

  (a)

  the Isle of Man;

  (b)

  any of the Channel Islands;

  (c)

  a British overseas territory;

• “Scottish constable” means only a person who is a constable, within the meaning of section 99 of the Police and Fire Reform (Scotland) Act 2012 (asp 8);

• “Scotland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Scotland;

• “ship” includes every description of vessel (including a hovercraft) used in navigation;

• “ship without nationality” means a ship which—

  (a)

  is not registered in, or otherwise entitled to fly the flag of, any State or relevant territory, or

  (b)

  sails under the flags of two or more States or relevant territories, or under the flags of a State and relevant territory, using them according to convenience;

• “United Kingdom ship” means a ship which—

  (a)

  is registered under Part 2 of the Merchant Shipping Act 1995,

  (b)

  is a Government ship within the meaning of that Act,

  (c)

  is not registered in any State or relevant territory but is wholly owned by persons each of whom has a United Kingdom connection, or

  (d)

  is registered under an Order in Council under section 1 of the Hovercraft Act 1968.

(2) For the purposes of paragraph (c) of the definition of “United Kingdom ship” in subsection (1), a person has a “United Kingdom connection” if the person is—

(a) a British citizen, a British overseas territories citizen or a British Overseas citizen,

(b) an individual who is habitually resident in the United Kingdom, or

(c) a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom.]

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)

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)