Merchant Shipping Act 1995

[F1 Part 3A U.K. International agreements relating to maritime employment

Textual Amendments

F1 Pt. 3A inserted (18.2.2026) by Employment Rights Act 2025 (c. 36), ss. 57(2), 159(3); S.I. 2026/3, reg. 3(6)

84A International agreements relating to maritime employment U.K.

(1) The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate for the purpose of giving effect to—

(a) the Maritime Labour Convention, adopted on 23 February 2006 by the International Labour Organisation, as it has effect from time to time;

(b) the Work in Fishing Convention, adopted on 14 June 2007 by the International Labour Organisation, as it has effect from time to time.

(2) The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate for the purpose of giving effect to an international agreement that has been ratified by the United Kingdom, so far as the agreement relates to maritime employment.

(3) The power in subsection (2) to give effect to an agreement so far as it relates to maritime employment includes power to give effect to any amendments of the agreement that relate to maritime employment.

(4) For the purposes of this section, a provision relates to maritime employment if it relates to the terms and conditions of employment or engagement, or working conditions, of masters or seamen.

(5) Section 84B makes further provision with respect to the regulations that may be made under this section.

84B Regulations under section 84A: supplementary U.K.

(1) In subsections (2) to (9) “regulations” means regulations under section 84A.

(2) Regulations—

(a) may make provision in terms of approvals given by the Secretary of State or another person and in terms of any document which the Secretary of State or that other person considers relevant;

(b) may provide for the cancellation of an approval given in pursuance of the regulations and for the alteration of the terms of such an approval;

(c) must provide for any approval in pursuance of the regulations to be given in writing and to specify the date on which it takes effect and the conditions (if any) on which it is given.

(3) Regulations may make provision for—

(a) the granting by the Secretary of State or another person of exemptions from specified provisions of the regulations for classes of case or individual cases, on such terms (if any) as the Secretary of State or that other person may specify, and

(b) for the alteration or cancellation of such exemptions.

(4) Regulations may make provision in respect of the checking or monitoring of compliance with any provision of the regulations, including (among other things) provision for—

(a) the making and keeping of records and the keeping of documents;

(b) the issue of certificates;

(c) the furnishing of information.

(5) Regulations may—

(a) provide for the detention of a ship in respect of which a contravention of the regulations is suspected to have occurred;

(b) apply section 284 with or without modifications in relation to such detentions.

(6) Regulations may provide for the contravention of any provision of the regulations to be a criminal offence, but may not provide—

(a) for an offence under the regulations to be punishable on summary conviction with imprisonment;

(b) in relation to Scotland or Northern Ireland—

(i) for an offence under the regulations that is triable only summarily to be punishable by a fine exceeding level 5 on the standard scale;

(ii) for an offence under the regulations that is triable summarily or on indictment to be punishable on summary conviction by a fine exceeding the statutory maximum;

(c) for an offence under the regulations to be punishable on conviction on indictment with imprisonment for a term exceeding two years.

(7) Regulations may provide that, in specified cases, specified persons each commit an offence created by regulations in reliance on subsection (6).

(8) Regulations may—

(a) make different provision for different purposes;

(b) provide for references in the regulations to any specified document to operate as references to that document as revised or re-issued from time to time;

(c) provide for the delegation of functions exercisable by virtue of the regulations.

(9) The power to make regulations includes power to make consequential, supplementary, incidental or transitional provision.

(10) The powers conferred by section 84A to make provision for the purpose of giving effect to an agreement or an amendment of an agreement include power to provide for the provision to come into force although the agreement or amendment has not come into force.

(11) But regulations under section 84A may not provide for provision made for the purpose of giving effect to an agreement, or an amendment of an agreement, to come into force—

(a) before the United Kingdom has ratified the agreement, or

(b) in a case where—

(i) the provision is for the purpose of giving effect to an amendment of an agreement, and

(ii) the United Kingdom would not be required to give effect to the amendment until it had been ratified by the United Kingdom,

before the United Kingdom has ratified the amendment.

(12) Nothing in subsections (2) to (10) of this section is to be construed as restricting the generality of the powers conferred by section 84A.

(13) A statutory instrument which contains (whether alone or with other provision) regulations under section 84A(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.]