Part 4Police powers

CHAPTER 6Maritime enforcement: Scottish offences

Ships in England and Wales waters: hot pursuit

99Restriction on exercise of maritime enforcement powers in hot pursuit

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 98 in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to England and Wales.

2

The Secretary of State may give authority under subsection (1) 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.