Investigation, etc. of suspected shipsU.K.
6.—(1) Where any authorised officer or authorised person has reason to suspect that any ship to which article 4 applies has been or is being or is about to be used in contravention of article 4(1)—
(a)the authorised officer or authorised person may (either alone or accompanied and assisted by persons under his or her authority) board the ship and search her and, for that purpose, may use or authorise the use of reasonable force;
(b)the authorised officer or authorised person may request the master of the ship to furnish such information relating to the ship and her cargo and produce for his or her inspection such documents so relating and such cargo as he or she may specify; and
(c)in the case of a ship that is reasonably suspected of being or of being about to be used in contravention of article 4(1), any authorised officer or authorised person (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (b)), with a view to preventing the commission (or the continued commission) of any such contravention, or in order that enquiries into the matter may be pursued, may take the further action specified in paragraph (2).
(2) The further action referred to in paragraph (1)(c) is either—
(a)to direct the master of the ship to refrain, except with the consent of any authorised officer or authorised person, from landing at any port specified by the authorised officer or authorised person any part of the ship’s cargo that is so specified; or
(b)to request the master of the ship to take any one or more of the following steps:
(i)to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by an authorised officer or authorised person that the ship may so proceed;
(ii)if the ship is then in port in the United Kingdom, to cause her to remain there until the master is notified by an authorised officer or authorised person that the ship may depart;
(iii)if the ship is then in any other place, to take her to any such port specified by the authorised officer or authorised person and to cause her to remain there until the master is notified as mentioned in sub-paragraph (ii); and
(iv)to take her to any other destination that may be specified by the authorised officer or authorised person in agreement with the master.
(3) Without prejudice to the provisions of article 9(3), where—
(a)a master refuses or fails to comply with a request made under paragraph (2)(b); or
(b)an authorised officer or authorised person otherwise has reason to suspect that such a request that has been so made may not be complied with,
any such authorised officer or authorised person may take such steps as appear to him or her to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship and use, or authorise the use of, reasonable force.
(4) Before or on exercising any power conferred by this article, an authorised person, shall, if requested to do so, produce evidence of his or her authority.
(5) In this article—
“authorised officer” means an officer as is referred to in section 284(1) of the Merchant Shipping Act 1995(1);
“authorised person” means any person authorised by the Secretary of State for the purpose of this article either generally or in a particular case.
Commencement Information
I1Art. 6 in force at 10.4.2009, see art. 1(1)