Modern Slavery Bill (HL Bill 98)

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

(3) Except as provided by sub-paragraph (5), authority of the Secretary of State
is required before a constable or an enforcement officer may exercise the
5power conferred by sub-paragraph (2)(c) to require the ship to be taken to a
port outside the United Kingdom.

(4) Authority for the purposes of sub-paragraph (3) may be given only if the
State or relevant territory in which the port is located is willing to receive the
ship.

(5) 10If the constable or enforcement officer is acting under authority given for the
purposes of section 35(5), the constable or enforcement officer may require
the ship to be taken to—

(a) a port in the home state or relevant territory in question, or

(b) if the home state or relevant territory requests, any other State or
15relevant territory willing to receive the ship.

(6) The constable or enforcement officer may require the master of the ship, or
any member of its crew, to take such action as is necessary for the purposes
of sub-paragraph (2) or (5).

(7) A constable or an enforcement officer must give notice in writing to the
20master of any ship detained under this paragraph.

(8) The notice must state that the ship is to be detained until the notice is
withdrawn by the giving of a further notice in writing signed by a constable
or an enforcement officer.

Power to search and obtain information

3 (1) 25This paragraph applies if an English and Welsh constable or an enforcement
officer has reasonable grounds to suspect that there is evidence on the ship
(other than items subject to legal privilege) relating—

(a) to an offence under section 1 or 2, or

(b) to an offence that is connected with an offence under either of those
30sections.

(2) The constable or enforcement officer may search—

(a) the ship;

(b) anyone on the ship;

(c) anything on the ship (including cargo).

(3) 35The constable or enforcement officer may require a person on the ship to
give information about himself or herself or about anything on the ship.

(4) The power to search conferred by sub-paragraph (2)—

(a) is only a power to search to the extent that it is reasonably required
for the purpose of discovering evidence of the kind mentioned in
40sub-paragraph (1), and

(b) in the case of a search of a person, does not authorise a constable or
an enforcement officer to require the person to remove any clothing
in public other than an outer coat, jacket or gloves.

(5) In exercising a power conferred by sub-paragraph (2) or (3) a constable or an
45enforcement officer may—

(a) open any containers;

(b) require the production of documents, books or records relating to the
ship or anything on it (but not including anything the constable or
enforcement officer has reasonable grounds to believe to be an item
5subject to legal privilege);

(c) make photographs or copies of anything the production of which the
constable or enforcement officer has power to require.

(6) The power in sub-paragraph (5)(b) to require the production of documents,
books or records includes, in relation to documents, books or records kept in
10electronic form, power to require the provision of the documents, books or
records in a form in which they are legible and can be taken away.

(7) Sub-paragraph (5) is without prejudice to the generality of the powers
conferred by sub-paragraphs (2) and (3).

Power of arrest and seizure

4 (1) 15This paragraph applies if an English and Welsh constable or an enforcement
officer has reasonable grounds to suspect that an offence under section 1 or
2 has been, or is being, committed on the ship.

(2) The constable or enforcement officer may arrest without warrant anyone
whom the constable or officer has reasonable grounds for suspecting to be
20guilty of the offence.

(3) The constable or enforcement officer may seize and detain anything found
on the ship which appears to the constable or officer to be evidence of the
offence (but not including anything that the constable or officer has
reasonable grounds to believe to be an item subject to legal privilege).

25Code of practice

5 (1) The Secretary of State must prepare and issue a code in respect of the
practice to be followed by English and Welsh constables and enforcement
officers when arresting a person under the power conferred by paragraph 4.

(2) The code must in particular provide guidance as to the information to be
30given to the person at the time of arrest (whether about procedural rights or
other matters).

(3) A failure of a constable or an enforcement officer to comply with any
provision of the code does not of itself render the constable or officer liable
to any criminal or civil proceedings.

(4) 35The code—

(a) is admissible in evidence in criminal and civil proceedings, and

(b) may be taken into account by a court or tribunal in any case in which
it appears to the court or tribunal to be relevant.

(5) The Secretary of State may at any time revise the whole or any part of the
40code.

(6) The code, or any revision of the code, does not come into operation until the
Secretary of State so provides in regulations.

(7) Regulations under this paragraph are to be made by statutory instrument.

(8) An instrument containing regulations under this paragraph that bring the
code into operation may not be made unless a draft of the instrument has
been laid before, and approved by a resolution of, each House of Parliament.

(9) An instrument containing regulations under this paragraph that bring a
5revision of the code into operation must be laid before Parliament (if the
regulations are made without a draft having been laid and approved as
mentioned in sub-paragraph (8)).

(10) Where an instrument, or a draft of an instrument, is laid, the code or revision
of the code to which it relates must also be laid.

10Assistants

6 (1) An English and Welsh constable or an enforcement officer may—

(a) be accompanied by other persons, and

(b) take equipment or materials,

to assist the constable or officer in the exercise of powers under this Part of
15this Schedule.

(2) A person accompanying a constable or an enforcement officer under sub-
paragraph (1) may perform any of the constable’s or officer’s functions
under this Part of this Schedule, but only under the constable’s or officer’s
supervision.

20Reasonable force

7 An English and Welsh constable or an enforcement officer may use
reasonable force, if necessary, in the performance of functions under this
Part of this Schedule.

Evidence of authority

8 25An English and Welsh constable or an enforcement officer must produce
evidence of the constable’s or officer’s authority if asked to do so.

Protection of constables and enforcement officers

9 An English and Welsh constable or an enforcement officer is not liable in any
criminal or civil proceedings for anything done in the purported
30performance of functions under this Part of this Schedule if the court is
satisfied that—

(a) the act was done in good faith, and

(b) there were reasonable grounds for doing it.

Offences

10 (1) 35A person commits an offence under the law of England and Wales if the
person—

(a) intentionally obstructs a constable or an enforcement officer in the
performance of functions under this Part of this Schedule, or

(b) fails without reasonable excuse to comply with a requirement made
40by a constable or an enforcement officer in the performance of those
functions.

(2) A person who provides information in response to a requirement made by a
constable or an enforcement officer in the performance of functions under
this Part of this Schedule commits an offence under the law of England and
Wales if—

(a) 5the information is false in a material particular, and the person either
knows it is or is reckless as to whether it is, or

(b) the person intentionally fails to disclose any material particular.

(3) A person guilty of an offence under this paragraph is liable on summary
conviction to a fine.

10Part 2 Scotland

Introductory

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

(2) 15In 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);

• 20“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

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

(a) 25a 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) 30board 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 Secretary of State
is required before a constable or an enforcement officer may exercise the
35power conferred by sub-paragraph (2)(c) to require the ship to be taken to a
port outside the United Kingdom.

(4) Authority for the purposes of sub-paragraph (3) may be given only if the
State or relevant territory in which the port is located is willing to receive the
ship.

(5) 40If the constable or enforcement officer is acting under authority given for the
purposes of section 36(5), the constable or officer may require the ship to be
taken to—

(a) a port in the home state or relevant territory in question, or

(b) if the home state or relevant territory requests, any other State or
relevant territory willing to receive the ship.

(6) The constable or enforcement officer may require the master of the ship, or
any member of its crew, to take such action as is necessary for the purposes
5of sub-paragraph (2) or (5).

(7) A constable or an enforcement officer must give notice in writing to the
master of any ship detained under this paragraph.

(8) The notice must state that the ship is to be detained until the notice is
withdrawn by the giving of a further notice in writing signed by a constable
10or an enforcement officer.

Power to search and obtain information

13 (1) This paragraph applies if a Scottish constable or an enforcement officer has
reasonable grounds to suspect that there is evidence on the ship (other than
items subject to legal privilege) relating—

(a) 15to a listed offence, or

(b) to an offence that is connected with a listed offence.

(2) The constable or enforcement officer may search—

(a) the ship;

(b) anyone on the ship;

(c) 20anything on the ship (including cargo).

(3) The constable or enforcement officer may require a person on the ship to
give information about himself or herself.

(4) The power to search conferred by sub-paragraph (2)—

(a) is only a power to search to the extent that it is reasonably required
25for the purpose of discovering evidence of the kind mentioned in
sub-paragraph (1), and

(b) in the case of a search of a person, does not authorise a constable or
an enforcement officer to require the person to remove any clothing
in public other than an outer coat, jacket or gloves.

(5) 30In exercising a power conferred by sub-paragraph (2) or (3) a constable or an
enforcement officer may—

(a) open any containers;

(b) require the production of documents, books or records relating to the
ship or anything on it (but not including anything the constable or
35officer has reasonable grounds to believe to be an item subject to
legal privilege);

(c) make photographs or copies of anything the production of which the
constable or officer has power to require.

(6) The power in sub-paragraph (5)(b) to require the production of documents,
40books or records includes, in relation to documents, books or records kept in
electronic form, power to require the provision of the documents, books or
records in a form in which they are legible and can be taken away.

(7) Sub-paragraph (5) is without prejudice to the generality of the powers
conferred by sub-paragraphs (2) and (3).

Power of arrest and seizure

14 (1) This paragraph applies if a Scottish constable or an enforcement officer has
reasonable grounds to suspect that a listed offence has been, or is being,
committed on the ship.

(2) 5The constable or enforcement officer may arrest without warrant anyone
whom the constable or officer has reasonable grounds for suspecting to be
guilty of the offence.

(3) The constable or enforcement officer may seize and detain anything found
on the ship which appears to the constable or officer to be evidence of the
10offence (but not including anything that the constable or officer has
reasonable grounds to believe to be an item subject to legal privilege).

Assistants

15 (1) A Scottish constable or an enforcement officer may—

(a) be accompanied by other persons, and

(b) 15take equipment or materials,

to assist the constable or officer in the exercise of powers under this Part of
this Schedule.

(2) A person accompanying a constable or an enforcement officer under sub-
paragraph (1) may perform any of the constable’s or officer’s functions
20under this Part of this Schedule, but only under the constable’s or officer’s
supervision.

Reasonable force

16 A Scottish constable or an enforcement officer may use reasonable force, if
necessary, in the performance of functions under this Part of this Schedule.

25Evidence of authority

17 A Scottish constable or an enforcement officer must produce evidence of the
constable’s or officer’s authority if asked to do so.

Offences

18 (1) A person commits an offence under the law of Scotland if the person—

(a) 30intentionally obstructs a constable or an enforcement officer in the
performance of functions under this Part of this Schedule, or

(b) fails without reasonable excuse to comply with a requirement made
by a constable or an enforcement officer in the performance of those
functions.

(2) 35A person who provides information in response to a requirement made by a
Scottish constable or an enforcement officer in the performance of functions
under this Part of this Schedule commits an offence under the law of
Scotland if—

(a) the information is false in a material particular, and the person either
40knows it is or is reckless as to whether it is, or

(b) the person intentionally fails to disclose any material particular.

(3) A person guilty of an offence under this paragraph is liable—

(a) on summary conviction, to a fine not exceeding the statutory
maximum;

(b) on conviction on indictment, to a fine.

Part 3 5Northern Ireland

Introductory

19 (1) This Part of this Schedule sets out the powers exercisable by Northern
Ireland constables and enforcement officers under sections 37 and 38(7).

(2) In this Part of this Schedule—

• 10“items subject to legal privilege” has the same meaning as in the Police
  and Criminal Evidence (Northern Ireland) Order 1989 (1989/1341
  (N.I. 12)) (see Article 12 of that Order);

• “listed offence” has the meaning given by section 37(9);

• “the ship” means the ship in relation to which the powers set out in this
  15Part of this Schedule are exercised.

Power to stop, board, divert and detain

20 (1) This paragraph applies if a Northern Ireland 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) 20the 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) 25require the ship to be taken to a port (in Northern Ireland or
elsewhere) and detained there.

(3) Except as provided by sub-paragraph (5), authority of the Secretary of State
is required before a constable or an enforcement officer may exercise the
power conferred by sub-paragraph (2)(c) to require the ship to be taken to a
30port outside the United Kingdom.

(4) Authority for the purposes of sub-paragraph (3) may be given only if the
State or relevant territory in which the port is located is willing to receive the
ship.

(5) If the constable or enforcement officer is acting under authority given for the
35purposes of section 37(6), the constable or officer may require the ship to be
taken to—

(a) a port in the home state or relevant territory in question, or

(b) if the home state or relevant territory requests, any other State or
relevant territory willing to receive the ship.

(6) 40The constable or enforcement officer may require the master of the ship, or
any member of its crew, to take such action as is necessary for the purposes
of sub-paragraph (2) or (5).

(7) A constable or an enforcement officer must give notice in writing to the
master of any ship detained under this paragraph.

(8) The notice must state that the ship is to be detained until the notice is
withdrawn by the giving of a further notice in writing signed by a constable
5or an enforcement officer.

Power to search and obtain information

21 (1) This paragraph applies if a Northern Ireland constable or an enforcement
officer has reasonable grounds to suspect that there is evidence on the ship
(other than items subject to legal privilege) relating—

(a) 10to a listed offence, or

(b) to an offence that is connected with a listed offence.

(2) The constable or enforcement officer may search—

(a) the ship;

(b) anyone on the ship;

(c) 15anything on the ship (including cargo).

(3) The constable or enforcement officer may require a person on the ship to
give information about himself or herself or about anything on the ship.

(4) The power to search conferred by sub-paragraph (2)—

(a) is only a power to search to the extent that it is reasonably required
20for the purpose of discovering evidence of the kind mentioned in
sub-paragraph (1), and

(b) in the case of a search of a person, does not authorise a constable or
an enforcement officer to require the person to remove any clothing
in public other than an outer coat, jacket or gloves.

(5) 25In exercising a power conferred by sub-paragraph (2) or (3) a constable or an
enforcement officer may—

(a) open any containers;

(b) require the production of documents, books or records relating to the
ship or anything on it (but not including anything the constable or
30officer has reasonable grounds to believe to be an item subject to
legal privilege);

(c) make photographs or copies of anything the production of which the
constable or officer has power to require.

(6) The power in sub-paragraph (5)(b) to require the production of documents,
35books or records includes, in relation to documents, books or records kept in
electronic form, power to require the provision of the documents, books or
records in a form in which they are legible and can be taken away.

(7) Sub-paragraph (5) is without prejudice to the generality of the powers
conferred by sub-paragraphs (2) and (3).

40Power of arrest and seizure

22 (1) This paragraph applies if a Northern Ireland constable or an enforcement
officer has reasonable grounds to suspect that a listed offence has been, or is
being, committed on the ship.

(2) The constable or enforcement officer may arrest without warrant anyone
whom the constable or officer has reasonable grounds for suspecting to be
guilty of the offence.

(3) The constable or enforcement officer may seize and detain anything found
5on the ship which appears to the constable or officer to be evidence of the
offence (but not including anything that the constable or officer has
reasonable grounds to believe to be an item subject to legal privilege).

Code of practice

23 (1) The Department of Justice in Northern Ireland must prepare and issue a
10code in respect of the practice to be followed by Northern Ireland constables
and enforcement officers when arresting a person under the power
conferred by paragraph 22.

(2) The code must in particular provide guidance as to the information to be
given to the person at the time of arrest (whether about procedural rights or
15other matters).

(3) A failure of a constable or an enforcement officer to comply with any
provision of the code does not of itself render the constable or officer liable
to any criminal or civil proceedings.

(4) The code—

(a) 20is admissible in evidence in criminal and civil proceedings, and

(b) may be taken into account by a court or tribunal in any case in which
it appears to the court or tribunal to be relevant.

(5) The Department of Justice may at any time revise the whole or any part of
the code.

(6) 25The code, or any revision of the code, does not come into operation until the
Department of Justice—

(a) lays a draft of the code, or revised code, before the Northern Ireland
Assembly, and

(b) provides by order for the code, or revised code, to come into
30operation.

(7) An order bringing the code into operation may contain such transitional
provisions or savings as appear to the Department of Justice to be necessary
or expedient.

(8) An order under this paragraph is subject to negative resolution (within the
35meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954
(c. 33 (N.I.))).

(9) The power of the Department of Justice to make an order under this
paragraph is exercisable by statutory rule for the purposes of the Statutory
Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)S.I. 1979/1573 (N.I. 12)).

40Assistants

24 (1) A Northern Ireland constable or an enforcement officer may—

(a) be accompanied by other persons, and

(b) take equipment or materials,

to assist the constable or officer in the exercise of powers under this Part of
this Schedule.

(2) A person accompanying a constable or an enforcement officer under sub-
paragraph (1) may perform any of the constable’s or officer’s functions
5under this Part of this Schedule, but only under the constable’s or officer’s
supervision.

Reasonable force

25 A Northern Ireland constable or an enforcement officer may use reasonable
force, if necessary, in the performance of functions under this Part of this
10Schedule.

Evidence of authority

26 A Northern Ireland constable or an enforcement officer must produce
evidence of the constable’s or officer’s authority if asked to do so.

Protection of constables and enforcement officers

27 15A Northern Ireland constable or an enforcement officer is not liable in any
criminal or civil proceedings for anything done in the purported
performance of functions under this Part of this Schedule if the court is
satisfied that—

(a) the act was done in good faith, and

(b) 20there were reasonable grounds for doing it.

Offences

28 (1) A person commits an offence under the law of Northern Ireland if the
person—

(a) intentionally obstructs a constable or an enforcement officer in the
25performance of functions under this Part of this Schedule, or

(b) fails without reasonable excuse to comply with a requirement made
by a constable or an enforcement officer in the performance of those
functions.

(2) A person who provides information in response to a requirement made by a
30Northern Ireland constable or an enforcement officer in the performance of
functions under this Part of this Schedule commits an offence under the law
of Northern Ireland if—

(a) the information is false in a material particular, and the person either
knows it is or is reckless as to whether it is, or

(b) 35the person intentionally fails to disclose any material particular.

(3) A person guilty of an offence under this paragraph is liable—

(a) on summary conviction, to a fine not exceeding the statutory
maximum;

(b) on conviction on indictment, to imprisonment for a term not
40exceeding 2 years or to a fine, or to both.