The Merchant Shipping (Repatriation) Regulations 1979

Conveyance orders and directions

8.—(1) Where a superintendent or proper officer is requested by an employer who is under an obligation under regulation 3 to make provision for a seaman's return, he shall or, where he is himself under an obligation under regulation 7 to make provision for the return of a seaman or of a citizen of the United Kingdom and colonies, he may, subject to paragraph (2) of this regulation—

(a) by means of a conveyance order in writing require the master of a ship (which, where the order is made at the request of the employer, shall be specified by the employer) to convey the seaman or the citizen of the United Kingdom and colonies, as the case may be, from any place specified in the order to such other place so specified as lies on a reasonable route between the place specified in the order and the place ascertained under regulation 6 to which he is to be returned; and

(b) give to the master of that ship such directions as may be necessary for the purpose of that requirement;

and more than one such order may be made in the course of the seaman's return.

(2) A master shall not be required under paragraph (1) of this regulation to convey a person in his ship or to obey any direction given for the purpose of the requirement—

(a) if his ship is a fishing vessel;

(b) if any provision of an enactment or instrument would be infringed by reason of that person being conveyed in the ship in addition to the other persons carried in the ship;

(c) if his ship would be required to go to any place to which it would not otherwise go in the course of the voyage then being undertaken or about to be undertaken;

(d) if, by reason of compliance with such requirement or direction, his ship would be unreasonably delayed; or

(e) if the master has other reasonable cause for objecting to the requirement or direction, as the case may be.

(3) A person who fails to comply with a requirement made of him by a conveyance order under paragraph (1)(a) of this regulation or with a direction given to him under paragraph (1)(b) for the purpose of that requirement shall be guilty of an offence and shall be punishable on summary conviction with a fine not exceeding £100.

9.—(1) A master shall make entries in the official log book recording the particulars of any requirement made of him under regulation 8 and of any directions given to him by a superintendent or proper officer for the purpose of that requirement.

(2) A master who fails to comply with an obligation imposed on him by or under paragraph (1) of this regulation shall be guilty of an offence and shall be punishable on summary conviction with a fine not exceeding £20.

10.—(1) A master of a ship in which a person is conveyed in accordance with regulation 8 shall be entitled to payment for the conveyance at a rate not exceeding £2 per day for every day (including part of a day) on which that person is on board the ship; and payment shall be made to him or to his order by the person specified in paragraph (2) of this regulation upon presentation both of the conveyance order and of an account showing the total amount claimed and how that amount is calculated.

(2) The person by whom payment is to be made to the master in accordance with paragraph (1) of this regulation is the seaman's employer or, where the conveyance is required by a superintendent or proper officer in pursuance of his obligation under regulation 7, the Secretary of State.