The North Korea (United Nations Sanctions) Order 2009

[F1 Investigation of suspect ships – powers exerciseable by authorised officers U.K.

8.— [F2 (1) An authorised officer who has reasonable grounds to suspect that the cargo of any ship contains goods listed in article 3(3) may exercise the powers set out in Part 1 of Schedule 3 for the purpose of investigating, preventing or suppressing the commission of an offence under article 3(1).

(1A) An authorised officer who has reasonable grounds to suspect that the cargo of any ship contains goods listed in article 5(2) may exercise the powers set out in Part 1 of Schedule 3 for the purpose of investigating, preventing or suppressing the commission of an offence under article 5(1).

[F3 (1B) An authorised officer who has reasonable grounds to suspect that the cargo of any ship in the high seas has that has been de-flagged pursuant to operative paragraph 8 of United Nations Security Council resolution 2375 adopted on 11 September 2017 contains goods listed in article 3(3) or article 5(2), may exercise the powers set out in paragraph 3 of Schedule 3.]

(2) [F4 The powers exercisable under paragraph 1 or 1A above] are exercisable in relation to—

(a) any ship in the territory of the United Kingdom, including the territorial sea adjacent to the United Kingdom;

(b) any United Kingdom ship where it is seaward of the limits of the territorial sea of any state; and

(c) any United Kingdom ship, not being a ship falling within paragraph (2)(a) or (b) above, with authority of the Secretary of State in accordance with article 8B.]

(3) Part 2 of Schedule 3 makes further provision about the exercise of the powers conferred by Part 1 of that Schedule.

(4) In Schedule 3 “the ship” means the ship in relation to which the powers are exercised.

(5) For the purposes of this article or Schedule 3 each of the following is an authorised officer:

(a) a constable,

(b) an officer of Revenue and Customs,

(c) a general customs official,

(d) a commissioned officer of the regular forces (within the meaning of the Armed Forces Act 2006,

(e) a person in command or charge of any aircraft or hovercraft in the service of the regular forces (within the meaning of that Act),

(f) a person of any other description authorised for the purposes of this article by the Secretary of State.

(6) In this Order, the reference to the commission of an offence includes a reference to the commission of an offence which consists in:

(a) attempting or conspiring to commit such an offence,

(b) aiding, abetting, counselling or procuring the commission of such an offence,

(c) being art and part in the commission of such an offence, or

(d) encouraging or assisting, or inciting, such an offence.]

Textual Amendments

F1 Art. 8 substituted (11.12.2009) by The North Korea (United Nations Sanctions) (Amendment) Order 2009 (S.I. 2009/3213), arts. 1(1), 8

F2 Art. 8(1)-(2) substituted for art. 8(1)(2) (14.12.2016) by The North Korea and Iran (United Nations Sanctions) (Amendment) Order 2016 (S.I. 2016/1119), arts. 1(1), 10

F3 Art. 8(1B) inserted (22.5.2018) by The North Korea (United Nations Sanctions) (Amendment) Order 2018 (S.I. 2018/523), arts. 1(1), 9(a)

F4 Words in art. 8(2) substituted (22.5.2018) by The North Korea (United Nations Sanctions) (Amendment) Order 2018 (S.I. 2018/523), arts. 1(1), 9(b)