The Merchant Shipping (Maritime Labour Convention) (Hours of Work) (Amendment) Regulations 2014

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Merchant Shipping (Hours of Work) Regulations 2002. They implement the following provisions relating to seafarers' leave entitlements:

Regulation 2.4 of the Maritime Labour Convention, 2006 (Cmd. 7049) (“the MLC”);

Article 2(5) of Council Directive 2009/13/EC implementing the Agreement concluded by the European Community Shipowners' Associations (ECSA) and the European Transport Workers' Federation (ETF) on the Maritime Labour Convention, 2006 (O.J. L124, 20.5.2009, p. 30), which replaces clause 16 of the Agreement annexed to Council Directive 1999/63/EC concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST) (O.J. L167, 2.7.1999, p. 33); and

Regulation 2.4 of the Agreement annexed to Council Directive 2009/13/EC.

The 2002 Regulations are also amended so as to provide enforcement mechanisms which distinguish between non-UK ships carrying a valid Maritime Labour Certificate (including an interim Maritime Labour Certificate) and other non-UK ships and to change some definitions.

Regulation 2(4) inserts new definitions of seafarer and employed seafarer into regulation 2 of the 2002 Regulations. An employed seafarer includes a seafarer engaged under a contract for personal performance of work or services, unless it is a contract with a client or customer of a profession or business carried out by the seafarer.

Regulation 2(5) replaces regulation 3 of the 2002 Regulations and provides that the 2002 Regulations apply to sea-going United Kingdom ships wherever they may be and to sea-going non-UK ships in United Kingdom waters, except as provided in regulation 3(4), (5) and (6).

Regulation 2(6) provides for the 2002 Regulations to apply to Northern Ireland with appropriate modifications.

Regulation 2(11) replaces regulation 12 of the 2002 Regulations and confers on employed seafarers an increased entitlement to paid annual leave and a new entitlement to additional paid leave of eight days per year.

Regulation 2(12) inserts a new regulation 12A into the 2002 Regulations which confers on seafarers a new right to shore leave.

Regulation 2(14) to (19) amends the 2002 Regulations by making new provisions and amending existing provisions concerning inspection and detention of ships.

Regulation 2(21) amends regulation 19 of the 2002 Regulations (release of information) so as to refer to a new MSN which specifies the information to be published.

Regulation 2(22) amends the offences in regulation 20 of the 2002 Regulations (penalties) to enforce the new obligations.

Regulation 2(23) inserts new regulations 22 and 23 into the 2002 Regulations which give employed seafarers the right to present a complaint to an employment tribunal (in Northern Ireland, an industrial tribunal) in order to enforce their entitlements to paid annual leave and additional paid leave and restrict the contracting out of rights under the Regulations.

Regulation 2(23) also inserts a new regulation 24 into the 2002 Regulations, requiring the Secretary of State to review the 2002 Regulations and to publish a report of that review within five years of the coming into force of these Regulations (and within every five years after that). Following a review it will fall to the Secretary of State to consider whether the 2002 Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the relevant provisions or to amend them.

Regulation 3 and the Schedule make consequential amendments to other legislation arising from the new right for employed seafarers to present a complaint to an employment tribunal.

Merchant Shipping Notices are published by the Maritime and Coastguard Agency. Copies may be obtained from M-Notices Subscriptions, PO Box 362, Europa Park, Grays Essex RM17 9AY, tel [phone], fax [phone], email [e-mail]. They may also be accessed via the MCA's website www.dft.gov.uk/mca, which also has details of any amendments or replacements.

The MLC is available on the website of the International Labour Organisation at www.ilo.org/global/standards/maritime-labour-convention/lang--en/index.htm.

Two full impact assessments of the effect that this instrument will have on the costs of business and the voluntary sector are published with the Explanatory Memorandum alongside this instrument on www.legislation.gov.uk.