SCHEDULE 3 Enforcement powers in respect of ships

PART 2 JUDICIAL AUTHORISATION

Judicial authorisation: exercise of powers to divert and search
9. (1) This paragraph applies where—
(a) an authorised officer boards a ship under paragraph 1,
(b) there are one or more persons on board the ship when it is boarded,
(c) an authorised officer requires the ship to be taken to a place for the purposes of exercising any of the powers of search under paragraph 2(1), and
(d) for the purposes of taking the ship to that place or for the purposes of exercising any of those powers of search, an authorised officer requires one or more of the persons on board to remain on the ship.
(2) The persons may be required to remain on board the ship after the end of the period of 48 hours beginning with the time when the ship is boarded (“the 48 hour period”) only if—
(a) the requirement is authorised by a judicial authority under sub-paragraph (4), or
(b) the requirement is authorised by virtue of sub-paragraphs (6) and (7).
(3) An application for authorisation by a judicial authority may be made by any authorised officer.
(4) The judicial authority must authorise an authorised officer to require the persons to remain on board for a further period not exceeding 72 hours if satisfied—
(a) that it is reasonable for an authorised officer to require the ship to be taken to the place in question for the purposes of exercising any of the powers of search under paragraph 2(1), and
(b) that all reasonable steps are being taken to ensure that the ship arrives at the place, and that the search is completed, as soon as is practicable.
(5) If the judicial authority does not authorise an authorised officer to require the persons to remain on board for a further period, any authorised officers on board the ship, and any persons taken with them under paragraph 5, must leave the ship as soon as it is practicable for them to do so without endangering themselves or any other person on board the ship.
(6) Sub-paragraph (7) applies if all reasonable steps are taken by an authorised officer to obtain authorisation by a judicial authority but either—
(a) it is not possible to make an application for authorisation before the end of the 48 hour period, or
(b) although such an application is made within the 48 hour period, it is not determined during that period.
(7) The persons may be required to remain on board the ship after the end of the 48 hour period but only for so long as is necessary to enable an application for authorisation to be made (if it has not already been made) and determined.
(8) In subparagraph (1) the reference to an authorised officer includes a reference to a person taken with an authorised officer under paragraph 5.
(9) In this paragraph and paragraph 10, “judicial authority” means either of the following—
(a) a judge of the Administrative Court in the Queen’s Bench Division of the High Court;
(b) a sheriff in Scotland.
Sch. 3 inserted (17.12.2010) by The Iran (United Nations Sanctions) (Amendment) Order 2010 (S.I. 2010/2978), arts. 1(1), 17