These notes refer to the Modern Slavery Act 2015 (c. 30)
which received Royal Assent on 26 March 2015
Section 38: Hot pursuit of ships in United Kingdom waters
177. Section 38 sets out powers of hot pursuit, where law enforcement seek to pursue a suspected vessel between waters adjacent to different jurisdictions within the UK or between UK and international waters.
178. Subsection (1) provides that an English and Welsh constable or an enforcement officer may exercise the powers set out in Part 1 of Schedule 2 in relation to a ship in Scotland waters or in Northern Ireland waters if the ship is pursued there from relevant waters, and the condition in subsection (10) is met (that before the pursuit of the ship, a signal is given for it to stop, and the pursuit of the ship is not interrupted).
179. Subsection (2) sets out that powers in subsection (1) can only be exercised in relation to a ship for the purposes provided in subsection (2)(a) of section 35 (Enforcement powers in relation to ships: England and Wales), and, if the ship is a foreign ship or registered under the law of a relevant territory, in accordance with subsections (5) to (7) of that section.
180. Subsection (3) sets out that for the purpose of subsection (1) relevant waters means England and Wales waters or international waters (in the case of a United Kingdom ship or a ship without nationality) or England and Wales waters (in the case of a foreign ship or a ship registered under the law of a relevant territory).
181. Subsection (4) provides that a Scottish constable or an enforcement officer may exercise the powers set out in Part 2 of Schedule 2 in relation to a ship in England and Wales waters or in Northern Ireland waters if the ship is pursued there from relevant waters, and the condition in subsection (10) is met (that before the pursuit of the ship, a signal is given for it to stop, and the pursuit of the ship is not interrupted).
182. Subsection (5) sets out that powers in subsection (4) can only be exercised in relation to a ship for the purposes provided in subsection (2)(a) of section 36 (Enforcement powers in relation to ships: Scotland), and, if the ship is a foreign ship or registered under the law of a relevant territory, in accordance with subsections (5) to (7) of that section.
183. Subsection (6) sets out that for the purpose of subsection (4)(b) relevant waters means Scotland waters or international waters (in the case of a United Kingdom ship or a ship without nationality) or Scotland waters (in the case of a foreign ship or a ship registered under the law of a relevant territory).
184. Subsection (7) provides that a Northern Ireland constable or an enforcement officer may exercise the powers set out in Part 3 of Schedule 2 in relation to a ship in England and Wales waters or in Scottish waters if the ship is pursued there from relevant waters, and the condition in subsection (10) is met (that before the pursuit of the ship, a signal is given for it to stop, and the pursuit of the ship is not interrupted).
185. Subsection (8) sets out that powers in subsection (7) can only be exercised in relation to a ship for the purposes provided in subsection (2)(a) of section 37 (Enforcement powers in relation to ships: Northern Ireland), and, if the ship is a foreign ship or registered under the law of a relevant territory, in accordance with subsections (6) to (8) of that section.
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