SCHEDULES

SCHEDULE 2Enforcement powers in relation to ships

PART 2Scotland

Power to stop, board, divert and detain

I112

1

This paragraph applies if a Scottish constable or an enforcement officer has reasonable grounds to suspect that—

a

a listed offence is being, or has been, committed on the ship, or

b

the ship is otherwise being used in connection with the commission of a listed offence.

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 Scotland 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 36(5), the constable or 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The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a constable or an enforcement officer.