The Merchant Shipping (Repatriation) Regulations 1979

Wages of seamen, employed in fishing vessels, who are left behind

12.—(1) The wages (other than wages related to the catch or sums due under a partnership agreement) due under a crew agreement to a seaman to whom these Regulations apply in respect of his employment in a fishing vessel in the case of a seaman left behind in any country:

(a) on being discharged from his fishing vessel, shall be paid to him in full and an account thereof shall be delivered or made out at the time when he leaves the fishing vessel on being discharged therefrom or, if this is impracticable, within seven days of the seaman's return to a place ascertained under regulation 6, by the person employing him (or the master acting in that behalf);

(b) otherwise than on being discharged from his fishing vessel, shall be paid to him in full and an account thereof shall be delivered by the person employing him (or by the master acting in that behalf) within 28 days from the time when he was returned to a place ascertained under regulation 6. When the employer's obligation to return a seaman ceases pursuant to regulation 3(3), the wages shall be paid and an account thereof delivered within 28 days from the date the obligation ceased; if the employer does not know of the seaman's current address, an account thereof and notice that they may be had on application to the employer shall be sent to the seaman's last known address.

(2) Where the wages related to the catch are due under a crew agreement to a seaman to whom these Regulations apply in respect of his employment in a fishing vessel, an account showing how those wages are arrived at shall be delivered and be made available and those wages paid, by the person employing him, or the master acting in that behalf, at the time when final payment is made under the provisions of the crew agreement or within 28 days from the time when he was returned to a place ascertained under regulation 6, whichever is the later.

(3) Where there is a partnership between the master and any member of the crew of a fishing vessel to whom these Regulations apply, the owner of the vessel shall make out an account showing the sums due to each partner in respect of his share and that account shall be made available and the sum paid at the time when final payment is to be made under the provisions of the partnership agreement or within 28 days from the time when he was returned to a place ascertained under regulation 6, whichever is the later.

(4) If a person fails without reasonable cause to comply with the provisions of paragraphs (1), (2) or (3) of this regulation, he shall be liable on summary conviction to a fine not exceeding £20.

13.  The wages, including wages related to the catch, due under an agreement, other than a crew agreement, to a seaman to whom these Regulations apply shall be dealt with under the provisions of the agreement under which he is employed.

14.  Where the wages cannot be paid to the seaman in accordance with regulations 11 and 12 of these Regulations and the seaman is not known to be dead, then, notwithstanding anything contained in section 7 and 8 of the Act or those regulations, the wages shall be paid and accounts thereof delivered to the person named in the list of crew as the seaman's next of kin, as soon as is practicable after the expiration of four months from the time for payment specified in the said regulations 11 and 12.