Part 3A MARITIME ENFORCEMENTI1

28M.—(1) An immigration officer, a police officer or an enforcement officer may exercise the powers set out in Part 1 of Schedule 4A (“Part 1 powers”) in relation to any of the following in Jersey waters—

(a) a Jersey ship;

(b) a ship without nationality;

(c) a foreign ship;

(d) a ship registered under the law of a relevant territory.

(2) But Part 1 powers may be exercised only—

(a) for the purpose of preventing, detecting, investigating or prosecuting an offence under section 25 or 25A, and

(b) in accordance with the rest of this section.

(3) The authority of the Minister is required before an immigration officer, a police officer or an enforcement officer may exercise Part 1 powers in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to Jersey.

(4) Authority for the purposes of subsection (3) may be given in relation to a foreign ship only if the Convention permits the exercise of Part 1 powers in relation to the ship.

28Q.—(1) In this Part—

“the Convention” means the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) and any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to Jersey;

“enforcement officer” means—

(a) a person who is a commissioned officer of any of Her Majesty’s ships, or

(b) a person in command or charge of any aircraft or hovercraft of the Royal Navy, the Army or the Royal Air Force;

“foreign ship” means a ship which—

(a) is registered in a State outside the United Kingdom and Islands, or

(b) is not so registered but is entitled to fly the flag of a State outside the United Kingdom and Islands;

“Jersey ship” means a ship which—

(a) is registered under Part 3 of the Shipping (Jersey) Law 2002,

(b) is a Government ship within the meaning of that Law, or

(c) is not registered in any State or relevant territory but is wholly owned by persons each of whom has a Jersey connection;

“Jersey waters” has the same meaning as in the Shipping (Jersey) Law 2002;

“Part 1 powers” means the powers set out in Part 1 of Schedule 4A;

“relevant territory” means—

(a) any of the United Kingdom and Islands other than Jersey;

(b) a British overseas territory;

“ship” includes every description of vessel (including a hovercraft) used in navigation;

“ship without nationality” means a ship which—

(a) is not registered in, or otherwise entitled to fly the flag of, any State or relevant territory, or

(b) sails under the flags of two or more States or relevant territories, or under the flags of a State and relevant territory, using them according to convenience.

(2) For the purposes of paragraph (c) of the definition of “Jersey ship” in subsection (1), a person has a “Jersey connection” if the person is—

(a) a British citizen, a British overseas territories citizen or a British Overseas citizen,

(b) an individual who is habitually resident in Jersey, or

(c) a body corporate which is established under the law of Jersey and has its principal place of business in Jersey.