Legislation – Policing and Crime Act 2017
Changes to legislation:
Policing and Crime Act 2017, Section 97 is up to date with all changes known to be in force on or before 02 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Part 4Police powers
CHAPTER 6Maritime enforcement: Scottish offences
Application of maritime enforcement powers: general
97Restriction on exercise of maritime enforcement powers
(1)
The authority of the Secretary of State is required before a law enforcement officer exercises any of the maritime enforcement powers, in reliance on section 96(1), in relation to a United Kingdom ship in foreign waters.
(2)
The Secretary of State may give authority under subsection (1) only if the State, or the relevant territory, in whose waters the powers would be exercised consents to the exercise of the powers.
(3)
The authority of the Secretary of State is required before a law enforcement officer exercises any of the maritime enforcement powers, in reliance on section 96(1), in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to Scotland or in international waters.
(4)
The Secretary of State may give authority under subsection (3) in relation to a foreign ship only if—
(a)
the home state has requested the assistance of the United Kingdom for the purpose of preventing, detecting or investigating an offence under the law of Scotland,
(b)
the home state has authorised the United Kingdom to act for that purpose, or
(c)
the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) otherwise permits the exercise of the powers in relation to the ship.