The Merchant Shipping (Hours of Work) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement—

• the majority of the provisions of Council Directive 1999/63/EC concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association and the Federation of Transport Workers' Unions in the European Union (OJ L 167, 2.7.99, p.33) and

• European Parliament and Council Directive 1999/95/EC concerning the enforcement of provisions in respect of seafarers' hours of work on board ships calling at Community ports (OJ L 014, 20.1.2000, p.29).

The Regulations:

• require employers to ensure seafarers have at least the specified minimum hours of rest (regulations 4 to 6 and 8),

• require records to be kept of seafarers' daily hours of rest,

• prohibit the employment on a ship of a person under 16 years of age,

• establish seafarers' entitlement to annual leave, and

• make provision about the enforcement of the Regulations.

The Regulations are made under the powers contained in the Merchant Shipping Act 1995 except in respect of amendments in Schedule 2, where the power is provided by section 2(2) of the European Communities Act 1972.

A Regulatory Impact Assessment has been produced and a copy placed in the library of both Houses of Parliament. Copies may be obtained from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone number 023 8032 9380).

Merchant Shipping Notices are published by the Maritime and Coastguard Agency. Copies may be obtained from Mail Marketing (Scotland), Bloomsgrove Industrial Estate, Norton Street, Nottingham NG7 3JG (telephone number 0115 9013336; fax [phone]; e-mail [e-mail]).

International Labour Organization Conventions and Protocols are published by the International Labour Office and copies may be obtained from ILO Publications, International Labour Office, CH-211 Geneva 22, Switzerland.

A transposition note has been prepared and copies may be obtained from the Seafarer Health and Safety Branch of the Maritime and Coastguard Agency.