The Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018

Regulation 31

SCHEDULE 2 CONSEQUENTIAL AMENDMENTS

1.  In the Employment Tribunals Act 1996(1)—

(a) in section 18(1), for paragraph (n) substitute—

“(n) under regulation 26 of the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (S.I. 2018/58).”;

(b) in section 21(1), for paragraph (z) substitute—

“(z) the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (S.I. 2018/58).”.

2.  In the Employment Rights Act 1996(2)—

(a) in section 45A(5), for paragraph (d) substitute—

“(d) the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (S.I. 2018/58).”;

(b) in section 101A(2), for paragraph (d) substitute—

“(d) the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (S.I. 2018/58).”;

(c) in section 104(4)(d), for “the Merchant Shipping (Hours of Work) Regulations 2002” substitute “the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (S.I. 2018/58)”.

3.  In the Employment Rights (Northern Ireland) Order 1996(3)—

(a) in article 68A(5), for sub-paragraph (d) substitute—

“(d) the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018.”;

(b) in article 132A(2), for sub paragraph (d) substitute—

“(d) the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018.”;

(c) in article 135(4)(d) for “the Merchant Shipping (Hours of Work) Regulations 2002” substitute “the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018”.

4.  In the Industrial Tribunals (Northern Ireland) Order 1996(4), in article 20(1), for sub-paragraph (u) substitute—

“(u) under regulation 26 of the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018.”.

5.  In the Working Time Regulations 1998(5), in regulation 18(1)(a), for “the Merchant Shipping (Hours of Work) Regulations 2002” substitute “the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018”.

6.  In the Working Time Regulations (Northern Ireland) 2016(6), in regulation 22(1)(a), for “the Merchant Shipping (Hours of Work) Regulations 2002” substitute “the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018”.

7.  In the Merchant Shipping (Fees) Regulations 2006(7), in Part 1 of Schedule 1, in the table in paragraph 1, in Section K (manning and certification)—

(a) in the first column, for the entry relating to the Merchant Shipping (Hours of Work) Regulations 2002 substitute “Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018”;

(b) in the second column, omit “2002/2125”; and

(c) in the third column, omit “2003/3049”.

8.  In the Legislative and Regulatory Reform (Regulatory Functions) Order 2007(8), in Part 2 of the Schedule—

(a) omit “Merchant Shipping (Hours of Work) Regulations 2002”; and

(b) insert in the appropriate place “Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018”.

9.  In the Merchant Shipping (Boatmasters’ Qualifications, Crew and Hours of Work) Regulations 2015(9), in regulation 43(b)—

(a) omit paragraph (ii); and

(b) after paragraph (iii), insert—

“(iv) the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018.”.

(1)

1996 c.17. Section 18 was amended by sections 7 and 9 of, and paragraph 5 of Schedule 1 to, the Enterprise and Regulatory Reform Act 2013 (c.24) and S.I. 2014/431; there are other amending enactments but none are relevant. Section 21 was amended by section 1 of the Employment Rights (Dispute Resolution) Act 1998 (c.8), S.I. 1998/1833 and S.I. 2014/308; there are other amending enactments but none are relevant.

(2)

1996 c.18. Section 45A was added by S.I. 1998/1833 and was amended by S.I. 2003/3049 and S.I. 2014/308; there are other amending enactments but none are relevant. Section 101A was added by 1998/1833 and subsection (2) was inserted by S.I. 2003/3049, and amended by S.I. 2004/1713, S.I. 2008/1660 and S.I. 2014/308. Section 104(4)(d) was inserted by S.I. 1998/1833 and amended by S.I. 2004/1713, S.I. 20008/1660 and S.I. 2014/308.

(3)

S.I. 1996/1919 (N.I. 16). Article 68A was inserted by S.R. 1998 No. 386 and Article 68A(5) was inserted by S.I. 2003/3049 and amended by S.I. 2014/308. Article 132A was inserted by S.R. 1998 No. 386 and Article 132A(2) was inserted by S.I. 2003/3049 and amended by S.I. 2014/308. Article 135(4)(d) was inserted by S.R. 1998 No. 386 and amended by S.I. 2004/1713 and S.I. 2014/308. S.R. 1998 No. 386 was revoked by S.R. 2016 No. 49 but the amendments to S.I. 1996/1919 (N.I. 16) were saved. There are other instruments amending articles 68A, 132A and 135 but none are relevant.

(4)

S.I. 1996/1921 (N.I. 18). Article 20 was amended by S.I. 2014/1614, by S.R. 2014 No. 88 and section 8 of the Employment Act (Northern Ireland) 2011 (c.13 (N.I.)); there are other amending enactments but none are relevant.

(5)

S.I. 1998/1833. Regulation 18 was amended by S.I. 2003/1684, S.I. 2003/3049, S.I. 2004/1713 and S.I. 2014/308.

(6)

S.R. 2016 No. 49.

(7)

S.I. 2006/2055.

(8)

S.I. 2007/3544. There are no relevant amending instruments.

(9)

S.I. 2015/410.