Regulation 123 Restrictions on exercise of maritime enforcement powersI1I2
United Kingdom
The authority of the Secretary of State is required before any maritime enforcement power is exercised in reliance on regulation 119 in relation to—
a British ship in foreign waters, or
a foreign ship in international waters.
In relation to a British ship in foreign waters other than the sea and other waters within the seaward limits of the territorial sea adjacent to any relevant British possession, the Secretary of State may give authority under paragraph (1)(a) only if the State in whose waters the power would be exercised consents to the exercise of the power.
The Secretary of State may give authority under paragraph (1)(b) only if—
the home state has requested the assistance of the United Kingdom for a purpose mentioned in regulation 119(2) or (3),
the home state has authorised the United Kingdom to act for such a purpose, or
the United Nations Convention on the Law of the Sea 1982 M1 or a UN Security Council Resolution otherwise permits the exercise of the power in relation to the ship.
Annotations
Marginal citations
- M1
Command 8941.
Commencement
- I1
Reg. 123 not in force at made date, see reg. 1(2)
- I2
Reg. 123 in force at 31.12.2020 by S.I. 2019/627, reg. 7(2); 2020 c. 1, Sch. 5 para. 1(1)