Schedules Schedule 14: Maritime enforcement New Part 3A to 1971 Act
Paragraph 7 of this Schedule inserts new Part 3A after Part 3 of the 1971 Act. Part 3A sets out the circumstances in which immigration officers, the police and members of the Armed Services can use the powers to stop, board, divert and detain a ship set out in new Schedule 4A of the 1971 Act (for which, see notes on paragraph 8 below).
	New section 28M subsections (1) and (2) set out an immigration officer’s, police officer’s and member of the Armed Services’ powers to combat the facilitation offences in the territorial waters adjoining England and Wales. Those powers are principally to stop, board, divert and detain any ship suspected of involvement in a facilitation offence, regardless of the ship’s nationality. Subsection (3) makes clear that the authority of the Secretary of State is required before these powers can be exercised in relation to a foreign ship or ship registered in the Isle of Man, Channel Islands, or a British Overseas Territory. Subsection (4) stipulates that this authority can only be given in respect of a foreign ship where the exercise of the powers would be in accordance with the United Nations Convention on the Law of the Sea.
	New sections 28N and 28O make equivalent provision to section 28M in respect of the territorial waters adjacent to Scotland and Northern Ireland.
	Section 28P provides officers with a power to pursue ships suspected of involvement in the facilitation offences sailing between different parts of UK territorial waters (England and Wales, Scotland and Northern Ireland). The power is available where an audible or visible signal has been given for a ship to stop, which has been ignored, and the pursuit has not been interrupted (subsections (7) to (8)). Subsection (9) makes it clear that a change of ship or mode of transport will not interrupt the pursuit. Subsections (1) and (2) enable an immigration officer, English or Welsh police officer or member of the Armed Services to pursue a ship from the territorial waters adjacent to England and Wales into the waters adjacent to Scotland or Northern Ireland. Subsections (3) and (4) and subsections (5) and (6) make equivalent provision for Scotland and Northern Ireland.
	Subsection (10) ensures that any right an immigration officer, police officer or member of the Armed Services may have to pursue ships into international waters under the common law is unaffected.
	Section 28Q is self explanatory and defines terms used in Part 3A.