Part 2 Scotland

Part 2 Scotland

Introductory

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(1)     This Part of this Schedule sets out the powers exercisable by Scottish constables and enforcement officers under sections 36 and 38(4).

(2)     In this Part of this Schedule—

“items subject to legal privilege†has the same meaning as in Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 (see section 412 of that Act);

“listed offence†has the meaning given by section 36(8);

“the ship†means the ship in relation to which the powers set out in this Part of this Schedule are exercised.

Power to stop, board, divert and detain

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(1)     This paragraph applies if a Scottish constable or an enforcement officer has reasonable grounds to suspect that—

(a)     a listed offence is being, or has been, committed on the ship, or

(b)     the ship is otherwise being used in connection with the commission of a listed offence.

(2)     The constable or enforcement officer may—

(a)     stop the ship;

(b)     board the ship;

(c)     require the ship to be taken to a port (in Scotland or elsewhere) and detained there.

(3)     Except as provided by sub-paragraph (5), authority of the

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