Application of maritime enforcement powers in connection with Scottish offences: general

Part of Policing and Crime Bill – in a Public Bill Committee at 2:15 pm on 12th April 2016.

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‘(1) A law enforcement officer may, for the purpose of preventing, detecting or investigating an offence under the law of Scotland, exercise any of the maritime enforcement powers in relation to—

(a) a United Kingdom ship in Scotland waters, foreign waters or international waters,

(b) a ship without nationality in Scotland waters or international waters,

(c) a foreign ship in Scotland waters, or

(d) a ship, registered under the law of a relevant territory, in Scotland waters.

(2) In this Chapter, “the maritime enforcement powers” are the powers set out in—

(a) section (

(b) section (

(c) section (

(3) The following persons are “law enforcement officers” for the purpose of this Chapter—

(a) a constable within the meaning of section 99 of the Police and Fire Reform (Scotland) Act 2012 (2012 asp 8),

(b) a constable who is a member of the British Transport Police Force,

(c) a designated customs official within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act),

(d) a National Crime Agency officer having the powers and privileges of a constable in Scotland under the Crime and Courts Act 2013, or

(e) a person of a description specified in regulations made by the Secretary of State.

(4) Regulations under subsection (3)(e) are to be made by statutory instrument.

(5) A statutory instrument containing regulations under subsection (3)(e) is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Regulations under subsection (3)(e) may not make devolved provision except with the consent of the Scottish Ministers.

(7) For the purpose of subsection (6), regulations under subsection (3)(e) make devolved provision if and to the extent that the effect of the regulations is to confer functions under this Chapter on a person of a description specified in the regulations and it would be within the legislative competence of the Scottish Parliament to confer those functions on persons of that description in an Act of the Scottish Parliament.

(8) This section is subject to section (

This new clause, together with NC30 to NC39, makes provision for constables serving with Police Scotland (and certain other law enforcement officers) to have powers corresponding to those conferred on members of police forces in England and Wales (and certain other law enforcement officers) by Chapter 4 of Part 4.