Schedule 2—Enforcement powers in relation to ships
Part 2—Scotland
- (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(8) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a constable or an enforcement officer.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
13 (1) This paragraph applies if a Scottish 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 a listed offence, or
- (b) to an offence that is connected with a listed offence.
(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.
(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—
- (a) open any containers;
- (b) require the production of documents, books or records relating to the ship or anything on it (but not including anything the constable or officer has reasonable grounds to believe to be an item subject to legal privilege);
- (c) make photographs or copies of anything the production of which the constable or officer has power to require.
(6) The power in sub-paragraph (5)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.
(7) Sub-paragraph (5) is without prejudice to the generality of the powers conferred by sub-paragraphs (2) and (3).
