Ministry of Defence Police Act 1987

2 Jurisdiction. U.K.

(1) In any place in the United Kingdom to which subsection (2) below for the time being applies, members of the Ministry of Defence Police shall have the powers and privileges of constables.

(2) The places to which this subsection applies are—

(a) land, vehicles, vessels, aircraft and hovercraft in the possession, under the control or used for the purposes of—

(i) the Secretary of State for Defence;

(ii) the Defence Council;

(iii) a headquarters or defence organisation; or

(iv) the service authorities of a visiting force;

(b) land, vehicles, vessels, aircraft and hovercraft which are—

(i) in the possession, under the control or used for the purposes of an ordnance company; and

(ii) used for the purpose of, or for purposes which include, the making or development of ordnance or otherwise for naval, military or air force purposes;

(c) land, vehicles, vessels, aircraft and hovercraft which are—

(i) in the possession, under the control or used for the purposes of a dockyard contractor; and

(ii) used for the purpose of, or for purposes which include, providing designated services or otherwise for naval, military or air force purposes;

(d) land which is in the vicinity of land mentioned in any of paragraphs (a) to (c) above and on which a constable of the police force for the police area in which the first-mentioned land is situated, or, in Northern Ireland, of the Royal Ulster Constabulary, has asked the Ministry of Defence Police to assist him in the execution of his duties; and

(e) land where the Secretary of State has agreed to provide the services of the Ministry of Defence Police under an agreement notice of which has been published in the appropriate Gazette.

(3) Members of the Ministry of Defence Police shall also have the powers and privileges of constables in any place in the United Kingdom to which subsection (2) above does not for the time being apply, but only—

(a) in relation to Crown property, international defence property, ordnance property and dockyard property;

(b) in relation to persons—

(i) subject to the control of the Defence Council;

(ii) employed under or for the purposes of the Ministry of Defence or the Defence Council; or

(iii) in respect of whom the service courts and service authorities of any country may exercise powers by virtue of section 2 of the Visiting Forces Act M1 1952;

(c) in relation to matters connected with anything done under a contract entered into by the Secretary of State for Defence for the purposes of his Department or the Defence Council; and

(d) for the purpose of securing the unimpeded passage of any such property as is mentioned in paragraph (a) above.

(4) Subsections (1) to (3) above shall have effect in the territorial waters adjacent to the United Kingdom as they have effect in the United Kingdom, but as if the references in subsections (1) and (3) to the powers and privileges of constables were references to the powers and privileges of constables in the nearest part of the United Kingdom.

(5) In this section—

• “appropriate Gazette” means—

  (i)

  in relation to land in England or Wales, the London Gazette;

  (ii)

  in relation to land in Scotland, the Edinburgh Gazette, and

  (iii)

  in relation to land in Northern Ireland, the Belfast Gazette;

• “Crown property” includes property in the possession or under the control of the Crown and property which has been unlawfully removed from its possession or control;

• “designated services” means services designated under subsection (1) of section 1 of the Dockyard Services Act M2 1986;

• “dockyard contractor” means a company which is a dockyard contractor as defined by subsection (13) of that section;

• “dockyard property” means property which—

(a) belongs to a dockyard contractor, is in its possession or under its control or has been unlawfully removed from its possession or control; and

(b) is (or was immediately before its removal) used to any extent for the purpose of providing designated services or otherwise for naval, military or air force purposes;

• “headquarters”, “defence organisation” and “visiting force” mean respectively a headquarters, defence organisation or visiting force to which the Visiting Forces and International Headquarters (Application of Law) Order M3 1965, or any order replacing that Order, applies;

• “international defence property” means property which belongs to, is in the possession or under the control of or has been unlawfully removed from the possession or control of a headquarters, a defence organisation or the service authorities of a visiting force;

• “ordnance company” means a company in which there is for the time being vested any property, right or liability which has at some time been the subject of a transfer by virtue of a provision made under section 1(1)(a) of the Ordnance Factories and Military Services Act M4 1984;

• “ordnance property” means property which—

(a) belongs to an ordnance company, is in its possession or under its control or has been unlawfully removed from its possession or control; and

(b) is (or was immediately before its removal) used to any extent for the purpose of, or for purposes including, the making or development of ordnance or otherwise for naval, military or air force purposes;

• “service authorities” means naval, military or air force authorities; and

• “vessel” includes any ship or boat or any other description of vessel used in navigation.

Marginal Citations

M1 1952 c. 67.

M2 1986 c. 52.

M3 S.I. 1965/1536.

M4 1984 c. 59.