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The Merchant Shipping (Seamen’s Documents) Regulations 1987

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PART IIIPROVISIONS RELATING TO BRITISH SEAMEN'S CARDS AND TO DISCHARGE BOOKS

25.  In this Part of these Regulations “seaman’s document” means a British Seaman’s Card or a discharge book; and references in this Part of these Regulations to the holder of a seaman’s document shall be construed accordingly.

Notification of errors in seamen’s documents

26.—(1) If it appears to the holder thereof that any entry in a seaman’s document is not correct, he shall forthwith inform the Registrar General of Shipping and Seamen or a superintendent.

(2) Any person who fails to comply with the requirements of this regulation shall be guilty of an offence.

Surrender of seamen’s documents

27.—(1) If it appears to a superintendent, a proper officer, a police officer or the Registrar General of Shipping and Seamen—

(a)that the holder of a seaman’s document was not entitled to apply for it at the time it was issued to him; or

(b)that the person having possession of a seaman’s document is not the holder thereof;

the person (including the holder) having possession of that document shall, on demand made by a superintendent, a proper officer, a police officer, or the Registrar General of Shipping and Seamen (as the case may be) surrender it to him.

(2) Upon the recommendation of a shore-based disciplinary committee that the holder of a discharge book who was employed under a crew agreement, approved by the Secretary of State, to which the National Maritime Board agreement on disciplinary procedures applied and which required him to comply with the Code of Conduct, is no longer entitled to be the holder (consequent upon the commission by him of one of the breaches of the Code specified in paragraph 9 thereof) the holder shall, on demand made by the Secretary of State, surrender the discharge book to him for a temporary period or permanently according to his demand.

(3) Any person who fails to comply with the requirements of this regulation shall be guilty of an offence.

Alterations in seamen’s documents

28.—(1) No person other than a person authorised by regulation 5, 8, 18, 20 or 21 (as the case may be) acting in accordance with the provisions of those regulations, shall make any mark or entry upon, or erase, cancel or alter any mark or entry made upon or otherwise deface or destroy a seaman’s document.

(2) Any person who contravenes the provisions of this regulation shall be guilty of an offence.

Applications relating to seamen’s documents

29.  An application for the issue of a seaman’s document or for the endorsement of a British Seaman’s Card under regulation 8 shall be made in writing to the Registrar General of Shipping and Seamen or a superintendent, and

(a)where—

(i)in the case of an application for a British Seaman’s Card, the applicant surrenders to the Registrar General of Shipping and Seamen or a superintendent a British Seaman’s Card held by him; or

(ii)in the case of an application for a discharge book, the applicant produces to the Registrar General of Shipping and Seamen or a superintendent a discharge book or a Seaman’s Record Book held by him; or

(iii)in the case of an application for a British Seaman’s Card or for a discharge book, it appears to the Registrar General of Shipping and Seamen or a superintendent that the applicant has lost his latest British Seaman’s Card or discharge book (as the case may be) and that the Secretary of State has in his possession particulars of any of the matters set out in Schedule 3;

shall state the applicant’s name and particulars of such of the other matters set out in Schedule 3 to these Regulations as are not correctly stated in the document (if any) surrendered or produced in accordance with this paragraph, or in the particulars referred to in sub-paragraph (iii) above; and

(b)in any other case, shall state particulars of the matters required for the application set out in Schedule 3;

and the applicant shall furnish to the Registrar General of Shipping and Seamen or a superintendent such documents (including in the case of an application for both a British Seaman’s Card and a discharge book, 4 copies, and in any other case 2 copies, of a recent head and shoulders photograph of himself measuring 50 mm by 50 mm (2 inches by 2 inches)) and such other evidence as he may require for the proper consideration of the application.

Offences

30.—(1) Any offence under these Regulations shall be punishable on summary conviction with a fine not exceeding level 1 on the standard scale.

(2) It shall be a defence for a person charged under these Regulations to show he took all reasonable precautions to avoid the commission of the offence.

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