Schedule 2—Enforcement powers in relation to ships
Part 1—England and Wales
- (c) require the ship to be taken to a port (in England and Wales 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 35(5), the constable or enforcement 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(8) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a constable or an enforcement officer.
Power to search and obtain information
3 (1) This paragraph applies if an English and Welsh constable or an enforcement officer has reasonable grounds to suspect that there is evidence on the ship (other than items subject to legal privilege) relating—
- (a) to an offence under section 1 or 2, or
- (b) to an offence that is connected with an offence under either of those sections.
(2) The constable or enforcement officer may search—
- (a) the ship;
- (b) anyone on the ship;
- (c) anything on the ship (including cargo).
(3) The constable or enforcement officer may require a person on the ship to give information about himself or herself or about anything on the ship.
(4) The power to search conferred by sub-paragraph (2)—
- (a) is only a power to search to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in sub-paragraph (1), and
- (b) in the case of a search of a person, does not authorise a constable or an enforcement officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.
(5) In exercising a power conferred by sub-paragraph (2) or (3) a constable or an enforcement officer may—
