The Merchant Shipping (Repatriation) Regulations 1979

Return and relief of seamen left behind or shipwrecked

3.—(1) The employer of a seaman to whom these Regulations apply shall, if his obligation to return the seaman has arisen under paragraph (2) of this regulation:

(a) as soon as practicable after the seaman is left behind or brought ashore after shipwreck, make such provision as is necessary for his return to a place ascertained under regulation 6; and

(b) from the time when the seaman is left behind or brought ashore after shipwreck and until he is returned or until the employer's obligation to return him ceases in accordance with paragraph (3) of this regulation, make such provision for the seaman's food and lodging and such other relief and maintenance as may be necessary having regard to the personal circumstances of the seaman and of any requirement special to him:

Provided that the employer shall not be under any obligation to return or make provision for any seaman who is absent for a period of more than three months, from the date when he was left behind if, during that period, the employer did not know and could not reasonably have known of the seaman's whereabouts.

(2) The obligation of the employer to return a seaman under sub-paragraph (1)(a) of this regulation shall arise:

(a) as soon as the seaman is available for return; or

(b) as soon as the seaman informs his employer, his employer's agent, a superintendent or a proper officer of his whereabouts and asks to be returned by his employer; or

(c) if the seaman is unable by reason of illness, incapacity or other cause beyond his control so to inform any of the persons mentioned in sub-paragraph (b), as soon as one of those persons obtains from him confirmation that he wishes to be returned by his employer.

(3) The obligation to return a seaman under paragraph (1)(a) of this regulation shall cease if the seaman:

(a) being fit and able to undertake employment in a ship, fails to comply with a reasonable request made of him by his employer that he should enter into an agreement for employment in any ship (including any such ship as is mentioned in regulation 8(1)(a)) in which he is, in accordance with provision made by his employer, to be carried in the course of his return; or

(b) without reasonable cause, fails to comply with any other reasonable arrangement made for him by his employer in relation to the provision for his return; or

(c) informs his employer in writing that he does not wish to be returned by him.

(4) In deciding whether the seaman is to be returned by land, sea or air (or by which combination of any of those means), his employer shall have regard to all the circumstances including the personal circumstances of the seaman and of any requirement special to him.

(5) Without prejudice to the generality of sub-paragraph (1)(b) of this regulation, the provision for relief and maintenance to be made in accordance with that paragraph shall include—

(a) clothing;

(b) toilet and other personal necessaries;

(c) surgical or medical treatment and such dental or optical treatment (including the repair or replacement of any appliance) as cannot be postponed without impairing efficiency;

(d) in cases where the seaman is not entitled to legal aid, or legal aid is insufficient, reasonable costs for the defence of the seaman in any criminal proceedings in respect of any act or omission within the scope of his employment, being proceedings where neither the employer nor the employer's agent is a party to the prosecution; and

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

(6) The provisions to be made by an employer in accordance with the foregoing paragraphs shall include—

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

(b) the payment of the expenses of the burial or cremation of a seaman who dies before he can be returned to a place ascertained under regulation 6.

(7) 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.