PART 3Activities to which article 4 applies and conditions

Rights of foreign vessels etc under international law37.

(1)

Article 4 applies to an activity to the extent that it is carried on in exercise of a right under rules of international law, by or in relation to—

(a)

a third country vessel;

(b)

a warship, naval auxiliary, other vessel or aircraft owned or operated by a State and used, for the time being, only on government non-commercial service (whether or not the warship, naval auxiliary or other vessel is a third country vessel).

(2)

In paragraph (1), “third country vessel” means a vessel which—

(a)

is flying the flag of, or is registered in, any State or territory F1other than the United Kingdom; and

(b)

is not registered in F2the United Kingdom.