PART 3 U.K. Activities to which article 4 applies and conditions

Rights of foreign vessels etc under international law U.K.

37.—(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 [F1 other than the United Kingdom]; and

(b) is not registered in [F2 the United Kingdom].

Textual Amendments

F1 Words in art. 37(2)(a) substituted (31.12.2020) by The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 4(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in art. 37(2)(b) substituted (31.12.2020) by The Marine Environment (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1399), regs. 1, 4(2)(b); 2020 c. 1, Sch. 5 para. 1(1)