Power to stop, board, divert and detain
2(1)This paragraph applies if an English and Welsh constable or an enforcement officer has reasonable grounds to suspect that—
(a)an offence under section 1 or 2 is being, or has been, committed on the ship, or
(b)the ship is otherwise being used in connection with the commission of an offence under either of those sections.
(2)The constable or enforcement officer may—
(a)stop the ship;
(b)board the ship;
(c)require the ship to be taken to a port (in England and Wales or elsewhere) and detained there.
(3)Except as provided by sub-paragraph (5), authority of the Secretary of State is required before a constable or an enforcement officer may exercise the power conferred by sub-paragraph (2)(c) to require the ship to be taken to a port outside the United Kingdom.
(4)Authority for the purposes of sub-paragraph (3) may be given only if the State or relevant territory in which the port is located is willing to receive the ship.
(5)If the constable or enforcement officer is acting under authority given for the purposes of section 35(5), the constable or enforcement officer may require the ship to be taken to—
(a)a port in the home state or relevant territory in question, or
(b)if the home state or relevant territory requests, any other State or relevant territory willing to receive the ship.
(6)The constable or enforcement officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of sub-paragraph (2) or (5).
(7)A constable or an enforcement officer must give notice in writing to the master of any ship detained under this paragraph.
(8)The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a constable or an enforcement officer.