F1PART 3AMaritime enforcement

28NEnforcement powers in relation to ships: Scotland

(1)

F2A Scottish constable may exercise the powers set out in Part 2 of Schedule 4A (“Part 2 powers”) in relation to any of the following in Scotland 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 2 powers may be exercised only—

(a)

for the purpose of preventing, detecting, investigating or prosecuting an offence under

F3(i)

section 24B, 25 F4or 25AF5, or

(ii)

section 21 of the Immigration, Asylum and Nationality Act 2006, and

(b)

in accordance with the rest of this section.

(3)

The authority of the Secretary of State is required before F6... a Scottish constable F7... may exercise Part 2 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 2 powers in relation to the ship.