OpenLegislation

Regulation 59 Maritime enforcement officersI1I2

United Kingdom

(1)

The following persons are “maritime enforcement officers” for the purposes of this Part—

(a)

a commissioned officer of any of Her Majesty's ships;

(b)

a member of the Ministry of Defence Police (within the meaning of section 1 of the Ministry of Defence Police Act 1987 M1);

(c)

a constable—

(i)

who is a member of a police force in England and Wales,

(ii)

within the meaning of section 99 of the Police and Fire Reform (Scotland) Act 2012 M2, or

(iii)

who is a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve;

(d)

a special constable—

(i)

appointed under section 27 of the Police Act 1996 M3,

(ii)

appointed under section 9 of the Police and Fire Reform (Scotland) Act 2012, or

(iii)

in Northern Ireland, appointed by virtue of provision incorporating section 79 of the Harbours, Docks, and Piers Clauses Act 1847 M4;

(e)

a constable who is a member of the British Transport Police Force;

(f)

a port constable, within the meaning of section 7 of the Marine Navigation Act 2013 M5, or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964 M6;

(g)

a designated customs official within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act) M7;

(h)

a designated NCA officer who is authorised by the Director General of the National Crime Agency (whether generally or specifically) to exercise the powers of a maritime enforcement officer under this Part.

(2)

In this regulation, “a designated NCA officer” means a National Crime Agency officer who is either or both of the following—

(a)

an officer designated under section 10 of the Crime and Courts Act 2013 as having the powers and privileges of a constable;

(b)

an officer designated under that section as having the powers of a general customs official.

Annotations

Marginal citations

M1

1987 c.4. Section 1 was amended by the Police Act 1996 (c.16), Schedule 7, paragraph 41; the Police (Northern Ireland) Act 1998 (c.32), Schedule 4, paragraph 16; the Police (Northern Ireland) Act 2000 (c.32), section 78(2); the Police Reform Act 2002 (c.30), section 79(3); and S.I. 2013/602.

M2

2012 asp.8.

M3

1996 c.16. Section 27 was amended by the Police and Justice Act 2006 (c.48), Schedule 2, paragraph 23; the Policing and Crime Act 2009 (c.26), Schedule 7, paragraphs 1 and 6; and the Police Reform and Social Responsibility Act 2011 (c.13), Schedule 16, paragraphs 22 and 26.

M4

1847 c.27.

M5

2013 c.23.

M6

1964 c.40. Section 16 has been amended by various instruments but none are relevant to these Regulations.

M7

2009 c.11. Designated customs officials are designated, as either a general customs official or a customs revenue official, under sections 3 and 11 of this Act respectively.

Commencement

I1

Reg. 59 not in force at made date, see reg. 1(2)

I2

Reg. 59 in force at 31.12.2020 by S.I. 2019/627, reg. 13(2); 2020 c. 1, Sch. 5 para. 1(1)