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The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014

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This is the original version (as it was originally made).

Duty to repatriate seafarers

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19.—(1) Subject to regulation 21, a shipowner must make such provision as is necessary for repatriation of a seafarer as soon as is practicable in the following cases—

(a)where the seafarer employment agreement expires;

(b)where the seafarer employment agreement is terminated by the shipowner;

(c)where the seafarer employment agreement is terminated by the seafarer in accordance with the terms of the agreement;

(d)where the seafarer is no longer able to carry out the seafarer’s duties under the seafarer’s employment agreement or cannot be expected to carry them out in the specific circumstances, including in the following circumstances—

(i)the seafarer has an illness, injury or medical condition which requires their repatriation when found medically fit to travel;

(ii)shipwreck;

(iii)the shipowner is not able to fulfil its legal or contractual obligations to the seafarer following insolvency, the sale of the ship or a change in the ship’s registration; or

(iv)the ship is bound for a war zone to which the seafarer does not consent to go;

(e)where the seafarer has completed the maximum period of service on board following which the seafarer is entitled to repatriation in accordance with the seafarer employment agreement; and

(f)where the seafarer employment agreement is terminated pursuant to an order of a court or tribunal.

(2) A breach of paragraph (1) is an offence by the shipowner.

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