Schedule 2—Enforcement powers in relation to ships
Part 1—England and Wales
(2) A person who provides information in response to a requirement made by a constable or an enforcement officer in the performance of functions under this Part of this Schedule commits an offence under the law of England and Wales if—
- (a) the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or
- (b) the person intentionally fails to disclose any material particular.
(3) A person guilty of an offence under this paragraph is liable on summary conviction to a fine.
Part 2
Scotland
Introductory
11 (1) This Part of this Schedule sets out the powers exercisable by Scottish constables and enforcement officers under sections 36 and 38(4).
(2) In this Part of this Schedule—
- “items subject to legal privilege” has the same meaning as in Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 (see section 412 of that Act);
- “listed offence” has the meaning given by section 36(8);
- “the ship” means the ship in relation to which the powers set out in this Part of this Schedule are exercised.
Power to stop, board, divert and detain
12 (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
