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

Explanatory Note

(This note is not part of the Regulations)

The Regulations consolidate and update the Merchant Shipping (Hours of Work) Regulations 2002 (S.I. 2002/2125).

These Regulations implement—

• — the majority of the provisions of Council Directive 1999/63/EC, as amended by Council Directive 2009/13/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);

• — article 15 of Council Directive 2008/106/EC of 19th November 2008 on the minimum level of training of seafarers (recast), as amended by article 1(14) of Council Directive 2012/35/EU of 21st November 2012;

• — article 19 of Directive 2009/16/EC of 23rd April 2009 on port state control, as amended by article 1 of Council Directive 2013/38/EU of 12th August 2013; and

• — article 3 of Council Directive 2013/54/EU of 20th November 2013 concerning certain flag state responsibilities for compliance with and enforcement of the Maritime Labour Convention, 2006.

Regulation 5 makes it the duty of shipowners, masters and employers to ensure that seafarers are provided with at least the minimum hours of rest, as set out in regulation 6.

Regulation 7 allows for certain exceptions to the minimum hours of rest to be authorised by the Maritime and Coastguard Agency, while regulation 11 allows masters to make exceptions to the hours of rest in the case of emergencies.

Regulation 8 makes provision regarding hours of rest for non-UK ships that are compliant with the Maritime Labour Convention (“MLC”).

Regulation 9 requires masters to post up a table of watchkeeping and hours of rest. Equivalent provision is made by regulation 10 for non-UK ships that are compliant with the MLC.

Regulation 12 requires records of seafarers' hours of rest to be recorded and makes other, related provision. Regulation 13 makes equivalent provision for non-UK, MLC compliant ships.

Regulation 14 obliges shipowners to provide any information to the Maritime and Coastguard Agency on watchkeepers or seafarers working at night that it might request.

Regulation 15 entitles seafarers to a minimum amount of annual and additional leave. Regulation 16 makes equivalent provision for seafarers on non-UK, MLC compliant ships. Shipowners and masters must grant shore leave to seafarers under regulation 17.

Regulation 18 provides that where a seafarer is entitled to hours of rest or paid leave other than under these Regulations, the seafarer may rely on whichever is more beneficial, but may not rely on both entitlements separately.

Regulation 19 makes provision for the inspection of UK and non-UK, non-MLC compliant ships for the purpose of checking compliance with these Regulations. Regulation 20 makes provision for the inspection of non-UK, MLC compliant ships in certain circumstances. Detention of certain ships that are found to breach these regulations is provided for by regulation 21, with their release in certain circumstances provided for by regulation 22.

Regulation 23 applies the provisions on arbitration and compensation contained in sections 96 and 97 of the Merchant Shipping Act 1995 to detention notices issued under these Regulations as those provisions apply to detention notices issued under section 95 of that Act.

The Maritime and Coastguard Agency is obliged under regulation 24 to publish information, specified in Merchant Shipping Notice 1877(M), concerning ships which have in the past month been detained under these Regulations.

Regulation 25 makes breach of certain provisions in these regulations an offence and provides a “reasonable steps” defence for all offences.

A seafarer who considers that a shipowner has denied them their rights under regulation 15(1)(a) or (b) may complain to an employment tribunal under regulation 26. The tribunal may award compensation in respect of any successful complaint. Regulation 27 makes provision for the extension of the period within which a claim may be brought. Regulation 28 prevents parties from contracting out of the provisions of these Regulations.

Regulation 29 contains a provision requiring the Secretary of State to review the Regulations and publish a report within 3 years of their coming into force and every 5 years after that.

Schedule 1 provides the definition of a “workforce agreement”. Schedule 2 makes consequential amendments to various primary and secondary legislation.

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.

Copies of the Maritime Labour Convention may be obtained as a priced publication from www.tsoshop.co.uk, or from TSO Customer Services, PO Box 29, Norwich, NR3 1GN, tel: [phone].

A transposition note has been prepared and copies may be obtained by writing to the Seafarer Safety and Health Manager, Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton, SO15 1EG.

To the extent that these Regulations re-enact S.I. 2002/2125, there will be no additional impact on the private or voluntary sector. To the extent that these Regulations make new provision, no additional impact on the private or voluntary sector is foreseen. Therefore no impact assessment has been produced for this instrument.