Search Legislation

The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Amendment of the Merchant Shipping (Maritime Labour Convention) (Medical Certification) Regulations 2010

This section has no associated Explanatory Memorandum

3.—(1) The Merchant Shipping (Maritime Labour Convention) (Medical Certification) Regulations 2010(1) are amended as follows.

(2) In regulation 2 (interpretation)—

(a)after the definition of “the MCA” insert—

“medical condition” includes both injury and illness, and a “significant medical condition” is a medical condition which adversely affects or is reasonably likely to adversely affect the seafarer’s ability to carry out his or her duties, including the seafarer’s ability to undertake emergency duties;;

(b)in the definition of “medical practitioner”, after “means” insert “a person approved by the Secretary of State to issue medical fitness certificates who is”.

(3) In regulation 8 (application for medical fitness certificate), after paragraph (2) insert—

(2A) A person applying for a medical fitness certificate must disclose to the medical practitioner to whom the application is made—

(a)all existing medical conditions from which the person suffers and of which the person is aware (if any); and

(b)all medication which the person is taking (if any).

(2B) Disclosure required by paragraph (2A) must be made with the application or as soon as reasonably practicable afterwards..

(4) Omit regulation 12(4) (meaning of “medical condition”).

(5) After regulation 20 insert—

Review

21.(1) The Secretary of State must from time to time—

(a)carry out a review of the regulatory provision contained in these Regulations; and

(b)publish a report setting out the conclusions of the review.

(2) The first report must be published before the end of 5th April 2023.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015(2) requires that a review carried out under this regulation must, so far as is reasonable, have regard to how Regulation 1.2 and Standard A1.2 of the Maritime Labour Convention, 2006 are implemented in other ratifying States.

(5) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

(a)set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);

(b)assess the extent to which those objectives are achieved;

(c)assess whether those objectives remain appropriate; and

(d)if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous provision.

(6) In this regulation, “regulatory provision” has the same meaning as in section 28 to 32 of the Small Business, Enterprise and Employment Act 2015..

(1)

S.I. 2010/737. Regulation 8 was amended by S.I. 2014/1614. There are other amendments but none are relevant.

(2)

2015 c.26. Section 30(3) was amended by section 19 of the Enterprise Act 2016 (c.12).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources