The Merchant Shipping (Repatriation) Regulations 1979

Other provisions relating to seamen left behind and shipwrecked seamen

4.—(1) Except where, if the seaman has been discharged from his ship, notice of his discharge has been given to a superintendent or proper officer in accordance with regulations made under section 3 of the Act(1), the employer of a seaman to whom these Regulations apply shall, within 48 hours after the seaman is left behind or it has come to his notice that the seaman has been brought ashore after being shipwrecked (as the case may be), or if it is not practicable within that time, as soon as practicable thereafter, make provision to ensure that the superintendent or proper officer for the place where the seaman is left behind or brought ashore is informed of the particulars specified in paragraph (2) of this regulation.

(2) The particulars referred to in paragraph (1) of this regulation are—

(a) the name of the seaman;

(b) his home address as stated in the list of crew;

(c) the name and address of his next of kin as stated in the list of crew;

(d) in the case of a seaman left behind—

(i) the name of the ship from which he was left behind;

(ii) the date on which he was left behind;

(iii) the place where he was left behind and, if known to the employer, the present whereabouts of the seaman;

(iv) the reason (if known to the employer) for his being left behind;

(v) the name and address of the employer and the name and address of the employer's agent, if any, at or nearest to the place where the seaman was left behind;

(e) in the case of a shipwrecked seaman—

(i) the name of the ship from which he was shipwrecked;

(ii) the dates on which he was shipwrecked and on which he was brought ashore;

(iii) the place where he was brought ashore and (if known to the employer) the name and address of the person by whom he was brought ashore and the present whereabouts of the seaman;

(iv) the name and address of the employer and the name and address of the employer's agent, if any, at or nearest to the place where the seaman was brought ashore.

(3) The master shall make entries, in relation to any seaman left behind, recording—

(a) both in the official log book and in the list of crew, the date on which and the place at which the seaman was left behind and the reason (if known to the master) for his being left behind; and

(b) in the official log book, any provision which he has made on the employer's behalf to ensure that the superintendent or proper officer is informed of the matters referred to in paragraph (1) of this regulation.

(4) (a) An employer 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 £100.

(b) A master who fails to comply with an obligation imposed on him by or under paragraph (3) of this regulation shall be guilty of an offence and shall be punishable on summary conviction with a fine not exceeding £20.

5.—(1) The employer shall ensure that the superintendent or proper officer specified in paragraph (2) of this regulation is kept informed of the arrangements he has made (including any changes in those arrangements) in pursuance of his obligation to make provision for the seaman's return, relief and maintenance specified in regulation 3.

(2) The superintendent or proper officer referred to in paragraph (1) of this regulation is the superintendent or proper officer for the place where the seaman is at the time any of the arrangements mentioned in that paragraph are made.

(3) An employer 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 £100.

(1)

See S.I. 1972/918, 919.