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Immigration Act 1971
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- UK Public General Acts
- 1971 c. 77
- PART 3A
- Section 28M
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Immigration Act 1971, Section 28M is up to date with all changes known to be in force on or before 15 November 2024. 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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[F128MEnforcement powers in relation to ships: England and WalesU.K.
(1)[F2An 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
[F3(i)section 24B,] 25, [F4or 25A][F5, 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 F6... an English and Welsh constable F7... 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.]
Textual Amendments
F1Pt. 3A inserted (31.5.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 14 para. 7; S.I. 2016/603, reg. 2(d)
F2Words in s. 28M(1) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 7 para. 3(a); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 22 (with Sch. 2 para. 8)
F3Words in S. 28M(2)(a) substituted (12.4.2023) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 6 para. 6(a); S.I. 2023/283, reg. 3(b)
F4Words in s. 28M(2)(a) substituted (31.12.2020) by 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), reg. 1(2), Sch. 1 para. 1(1)(a)(vii) (with Sch. 1 para. 1(5))
F5S. 28M(2)(a)(ii) and word substituted (12.4.2023) for word by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 6 para. 6(b); S.I. 2023/283, reg. 3(b)
F6Words in s. 28M(3) omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 7 para. 3(b)(i); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 22 (with Sch. 2 para. 8)
F7Words in s. 28M(3) omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 7 para. 3(b)(ii); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 22 (with Sch. 2 para. 8)
Modifications etc. (not altering text)
C1Ss. 24-29: amendment to earlier affecting S.I. 1993/1797, Sch. 1 Pt. 1 (11.10.2017 coming into force in accordance with art. 1) by The Immigration (Jersey) (Amendment) Order 2017 (S.I. 2017/981), Sch. Pt. 1 para. 1 (with art. 6)
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