Section 28M — Immigration Act 1971: Enforcement powers in relation to ships: England and Wales

Enforcement powers in relation to ships: England and Wales 28M 1 An English and Welsh constable may exercise the powers set out in Part 1 of Schedule 4A (“Part 1 powers”) in relation to any of the following in England and Wales waters—

a a United Kingdom ship;

b a ship without nationality;

c a foreign ship;

d a ship registered under the law of a relevant territory.

2 But Part 1 powers may be exercised only—

a for the purpose of preventing, detecting, investigating or prosecuting an offence under i section 24B, 25, or 25A , or ii section 21 of the Immigration, Asylum and Nationality Act 2006, and b in accordance with the rest of this section.

3 The authority of the Secretary of State is required before ... an English and Welsh constable ... 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.

4 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.