These notes refer to the Modern Slavery Act 2015 (c. 30)
which received Royal Assent on 26 March 2015
186. Subsection (9) sets out that for the purpose of subsection (7)(b) relevant waters means Northern Ireland waters or international waters (in the case of a United Kingdom ship or a ship without nationality) or Northern Ireland waters (in the case of a foreign ship or a ship registered under the law of a relevant territory).
187. Subsection (10) provides that for pursuit to meet the conditions of this section, before the pursuit of the ship, a signal must be given for it to stop, and the pursuit of the ship must not be interrupted.
188. Subsection (11) provides that the signal referred to in subsection (10)(a) must be given in such a way as to be audible or visible from the ship in question
189. Subsection (12) provides that, for the purposes of subsection (10)(b), pursuit is not considered interrupted simply because the method of carrying out the pursuit, or the identity of the ship or aircraft carrying out the pursuit, changes during the course of the pursuit.
190. Subsection (13) confirms that nothing in this Part affects any right of hot pursuit that a constable or an enforcement officer may have under international law.
Section 39: Interpretation of Part 3
191. Section 39 sets out the definitions used throughout Part 3 and Schedule 2. Subsection (1) sets out the relevant definitions. An enforcement officer in this context means a designated customs official or a member of Her Majesty’s Armed Forces. A constable is defined for each of the jurisdictions. In England and Wales, a constable means a police constable, an NCA officer designated with the powers and privileges of a constable in England and Wales under Schedule 5 of the Crime and Courts Act 2013 (a “designated National Crime Agency Officer”), a member of the port police, or a member of the British Transport Police. In Scotland a constable means a member of Police Scotland or an NCA officer designated with the powers and privileges of a constable in Scotland under Schedule 5 of the Crime and Courts Act 2013 (a “designated National Crime Agency Officer”). In Northern Ireland a constable means a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve. After the relevant provisions of the Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 come into force, an NC A officer designated with the powers and privileges of a constable in Northern Ireland will also fall within the definition. It also sets out the definitions for relevant territories and different UK territorial waters. Subsection (2) sets out the definition of a “United Kingdom connection”, in the context of subsection (1), which includes a British citizen, a British overseas territory citizen, a British overseas citizen, a person habitually resident in the UK or a body corporate established under the law of a part of the United Kingdom, whose principal place of business is in the United Kingdom.
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