The Merchant Shipping (Work in Fishing Convention) Regulations 2018

Duty pending repatriation

17.—(1) A fishing vessel owner to which the duty in regulation 14 applies must make such provision as is necessary for the fisherman’s relief and maintenance pending repatriation.

(2) The fishing vessel owner must have regard to the fisherman’s personal circumstances and requirements when determining what provision is required under paragraph (1).

(3) Without prejudice to the generality of paragraph (1) the provision for relief and maintenance must include—

(a) food;

(b) potable water;

(c) clothing;

(d) accommodation;

(e) toiletries and other personal necessaries;

(f) surgical, medical, dental or optical treatment (including the repair or replacement of any appliance) for any condition requiring immediate care;

(g) in cases where legal aid is unavailable or insufficient, reasonable costs for the defence of the fisherman in any criminal proceeding in respect of any act or omission within the scope of the fisherman’s work agreement, being proceedings where neither the fishing vessel owner nor an agent of the fishing vessel owner is the complainant; and

(h) sufficient money to meet any minor ancillary expenses necessarily incurred or likely to be so incurred by the fisherman for his relief and maintenance.

(4) The provision to be made by a fishing vessel owner in accordance with paragraph (1) must include—

(a) the repayment of expenses incurred in bringing a fisherman ashore and maintaining him until he is brought ashore; and

(b) the payment of the expenses of the burial or cremation of a fisherman who dies before he can be repatriated.

(5) The duty in paragraph (1) ends when the duty in regulation 14 ends.

(6) A breach of paragraph (1) is an offence by the fishing vessel owner.