Part 4: Police Powers Chapter 6: Maritime Enforcement: Scottish Offences
Chapter 6 provides for maritime enforcement powers equivalent to those set out in Chapter 5 of Part 4 to apply in Scotland, taking account of Scots law and practice.
	Section 19 of the Police and Fire Reform (Scotland) Act 2012 provides that the police service of Scotland can carry out functions throughout Scotland. This means that the Scottish police can operate within the territorial waters of Scotland, which extends to 12 nautical miles from the Scottish shore. This can hamper the effective disruption of criminal activity in the maritime context, as Scottish law enforcement agencies are not always able to act when a crime has taken place on ships outside the territorial waters of Scotland, for example in and around the territorial waters of other parts of the UK or on the high seas.
	As with sections 84 to 95, which concern maritime powers in connection with English and Welsh offences, sections 96 to 106 make provision for law enforcement officers in Scotland to use their powers in the maritime context for the purpose of preventing, detecting and investigating offences under the law of Scotland.
	The powers will be exercisable on UK registered ships in Scotland waters, foreign waters (subject to restrictions in section 97) or international waters; ships without nationality in Scotland waters or international waters; foreign ships in Scotland waters or international waters (subject to restrictions in section 97), or ships, registered under the law of a relevant territory, in Scotland waters or international waters (again, subject to restrictions in section 97).
	The powers will be exercisable by a constable as under section 99 of the Police and Fire Reform (Scotland) Act 2012; British Transport Police officers; designated customs officials (as under Part 1 of the Borders, Citizenship and Immigration Act 2009); suitably designated National Crime Agency officers under the Crime and Courts Act 2013; or any person of a description specified in regulations made by the Secretary of State (made under section 96(3)(e)).
	The Scottish sections do not make provision for the preparation and issue of a code of practice, which is provided for in the English and Wales context under section 94. As is done for the Modern Slavery Act 2015, the Scottish Government will issue non statutory guidance governing the use of arrest and other powers under these provisions.