The Iran (United Nations Sanctions) Order 2009

[F1 PART 1 U.K. THE POWERS

Textual Amendments

F1 Sch. 3 inserted (17.12.2010) by The Iran (United Nations Sanctions) (Amendment) Order 2010 (S.I. 2010/2978), arts. 1(1), 17

Power to stop, board, divert and detain U.K.

1.— (1) An authorised officer may stop and board the ship. U.K.

(2) If the authorised officer thinks it is necessary for the exercise of the authorised officer’s functions, the authorised officer may require the ship to be taken to a port or anchorage:

(a) in the United Kingdom, or

(b) in any other country or territory willing to receive it,

and detain it there.

(3) If the ship is stopped in waters landward of the baselines from which the territorial sea adjacent to the United Kingdom is measured or in the territorial sea adjacent to the United Kingdom, the authorised officer may require it to be taken to any place in those waters or that sea specified by the authorised officer.

(4) For any purpose mentioned in sub-paragraph (1) to (3), the authorised officer may require the master or any member of the crew to take such action as may be necessary.

(5) If a ship is detained by an authorised officer, that officer must serve on the master a notice in writing stating that it is to be detained until the notice is withdrawn by service on the master of a further notice in writing signed by an authorised officer.

(6) Sub-paragraph (5) does not apply if it is not reasonably practicable to serve the notice on the master.

Power to search and obtain information U.K.

2.— (1) An authorised officer may search the ship, anyone on it and anything on it, including its cargo. U.K.

(2) An authorised officer may require any person on the ship to give information concerning that person or anything on the ship.

(3) Without prejudice to the generality of those powers an authorised officer may:

(a) open any containers,

(b) make tests and take samples of anything on the ship,

(c) require the production of documents, books or records relating to the ship or anything on it,

(d) make photographs or copies of anything the authorised officer has power to require to be produced.

Power in respect of suspected offence U.K.

3.   If an authorised officer has reasonable grounds to suspect that an offence under article 4(3) or 4A(3) has been committed the authorised officer may: U.K.

(a) arrest without warrant anyone on the ship whom the authorised officer has reasonable grounds for suspecting to be guilty of the offence, and

(b) seize and detain anything found on the ship which appears to the authorised officer to be evidence of the offence.

Power in respect of identified prohibited items U.K.

4.   If an authorised officer identifies on the ship any military goods or WMD goods prohibited to be carried from Iran under article 4(1) or WMD or military goods prohibited to be carried to Iran under article 4A(1), the authorised officer may seize the goods, detain them and dispose of them, either by destroying them or in such other manner as the authorised officer may decide. U.K.

Assistants U.K.

5.— (1) A person may be taken with an authorised officer to assist the authorised officer in the exercise of the authorised officer’s functions. U.K.

(2) A person taken with an authorised officer under sub-paragraph (1) may perform any of the authorised officer’s functions under paragraphs 1 to 4 and 6 and 7 but only under the authorised officer’s supervision.

Use of force U.K.

6.— (1) An authorised officer may use reasonable force in the performance of the authorised officer’s functions. U.K.

(2) Such force may be used only if:

(a) the authorised officer or any person assisting the authorised officer is being obstructed in the performance of the authorised officer’s functions, or

(b) it is necessary to ensure the safety of the authorised officer, any person assisting the authorised officer or any other person on board the ship.

Equipment U.K.

7.   An authorised officer may take any equipment or materials to assist the authorised officer in the exercise of the authorised officer’s powers. U.K.

Evidence of authority U.K.

8.   A person authorised to act as an authorised officer must, if required, produce evidence of that authority.] U.K.