The authority of the Secretary of State is required before F8... an English and Welsh constable F9... may exercise Part 1 powers in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to the United Kingdom.

Authority for the purposes of subsection (3) may be given in relation to a foreign ship only if the Convention permits the exercise of Part 1 powers in relation to the ship.

The authority of the Secretary of State is required before F11... a Scottish constable F12... may exercise Part 2 powers in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to the United Kingdom.

Authority for the purposes of subsection (3) may be given in relation to a foreign ship only if the Convention permits the exercise of Part 2 powers in relation to the ship.

The authority of the Secretary of State is required before F14... a Northern Ireland constable F15... may exercise Part 3 powers in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to the United Kingdom.

Authority for the purposes of subsection (3) may be given in relation to a foreign ship only if the Convention permits the exercise of Part 3 powers in relation to the ship.

The signal referred to in subsection (7)(a) must be given in such a way as to be audible or visible from the ship.

Nothing in this Part affects any other legal right of hot pursuit that a constable F19... may have.

Subject to subsection (3), the immigration officer may seize the ship and any property relating to the operation or use of the ship.

The authority of the Secretary of State is required before an immigration officer may seize anything under this section.

If an immigration officer seizes a foreign ship or a ship registered under the law of a relevant territory, the Secretary of State must notify the home state or relevant territory in question that the ship has been seized.

On the making of a determination under subsection (7)(b)(ii), the ship or other property vests in the Secretary of State.

The relevant period is the period of 31 days beginning with the date on which the ship or other property was seized.

The Secretary of State is not required to notify a person under subsection (10)(b) if to do so may prejudice any criminal investigation or criminal proceedings.

In this Part—

• “the Convention” means the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) and any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom;

• “enforcement officer” means—

  1. a

     a person who is a commissioned officer of any of Her Majesty's ships, or

  2. b

     a person in command or charge of any aircraft or hovercraft of the Royal Navy, the Army or the Royal Air Force;

• “England and Wales waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales;

• “English and Welsh constable” means only a person who is—

  1. a

     a member of a police force in England and Wales,

  2. b

     a member of the British Transport Police Force, or

  3. c

     a port constable, within the meaning of section 7 of the Marine Navigation Act 2013, or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964;

• “foreign ship” means a ship which—

  1. a

     is registered in a State other than the United Kingdom, or

  2. b

     is not so registered but is entitled to fly the flag of a State other than the United Kingdom;

• F20“foreign waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to any relevant territory or any State other than the United Kingdom;

• F20“international waters” means waters beyond the territorial sea of the United Kingdom or of any other State or relevant territory;

• “Northern Ireland constable” means only a person who is—

  1. a

     a member of the Police Service of Northern Ireland,

  2. b

     a member of the Police Service of Northern Ireland Reserve, or

  3. c

     a person appointed as a special constable in Northern Ireland by virtue of provision incorporating section 79 of the Harbours, Docks, and Piers Clauses Act 1847;

• “Northern Ireland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Northern Ireland;

• F20“Part A1 powers” means the powers set out in Part A1 of Schedule 4A;

• “Part 1 powers” means the powers set out in Part 1 of Schedule 4A;

• “Part 2 powers” means the powers set out in Part 2 of that Schedule;

• “Part 3 powers” means the powers set out in Part 3 of that Schedule;

• F20“relevant offence” means—

  1. a

     an offence under section 24(A1), (B1), (D1) or (E1), 24B, 25 or 25A,

  2. b

     an offence under section 25B to the extent that the section continues to apply by virtue of regulation 5(7) of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309),

  3. c

     an offence under section 21 of the Immigration, Asylum and Nationality Act 2006, or

  4. d

     an offence under section 1 of the Criminal Attempts Act 1981 or Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13)), or in Scotland at common law, of attempting to commit an offence mentioned in paragraph (a) to (c);”, and

• “relevant territory” means—

  1. a

     the Isle of Man;

  2. b

     any of the Channel Islands;

  3. c

     a British overseas territory;

• “Scottish constable” means only a person who is a constable, within the meaning of section 99 of the Police and Fire Reform (Scotland) Act 2012 (asp 8);

• “Scotland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Scotland;

• F21“ship” includes—

  1. a

     every description of vessel (including a hovercraft), and

  2. b

     any other structure (whether with or without means of propulsion) constructed or used to carry persons, goods, plant or machinery by water;

• “ship without nationality” means a ship which—

  1. a

     is not registered in, or otherwise entitled to fly the flag of, any State or relevant territory, or

  2. b

     sails under the flags of two or more States or relevant territories, or under the flags of a State and relevant territory, using them according to convenience;

• “United Kingdom ship” means a ship which—

  1. a

     is registered under Part 2 of the Merchant Shipping Act 1995,

  2. b

     is a Government ship within the meaning of that Act,

  3. c

     is not registered in any State or relevant territory but is wholly owned by persons each of whom has a United Kingdom connection, or

  4. d

     is registered under an Order in Council under section 1 of the Hovercraft Act 1968.

• F20“United Kingdom waters” means the sea and other waters within the seaward limits of the United Kingdom’s territorial sea;