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The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a constable or an enforcement officer.