2014 No. 1614
The Merchant Shipping (Maritime Labour Convention) (Consequential and Minor Amendments) Regulations 2014
Made
Laid before Parliament
Coming into force
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 19721 in relation to measures relating to the safety of ships and the health and safety of persons on them2 and in relation to measures relating to maritime transport3.
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and sections 25 to 27, 32, 36, 47, 73(3), 77, 78 and 85 of the Merchant Shipping Act 19954.
In accordance with sections 86(4) and 306(4) of the Merchant Shipping Act 19955, the Secretary of State has consulted the persons and organisations referred to in those sections.
Citation and commencement1
These Regulations may be cited as the Merchant Shipping (Maritime Labour Convention) (Consequential and Minor Amendments) Regulations 2014 and they come into force on 7th August 2014.
PART 1Amendments to Primary Legislation
Amendments to Merchant Shipping Act 19952
1
The Merchant Shipping Act 19956 is amended as follows.
2
In section 24, insert after subsection (2)—
2A
Sections 25, 26, 30, 31, 33, 38(1), 44, 45, 55 and 73 to 75 apply to sea-going United Kingdom ships and masters and seamen employed in them only if they are—
a
fishing vessels;
b
ships of traditional build; or
c
vessels which are not ordinarily engaged in commercial activities.
3
In section 32—
a
in paragraph (a) after “crew agreement” insert “or such other type of agreement as may be specified in the regulations”; and
b
in paragraph (c) for “a crew agreement” substitute “the agreement”.
4
In section 35 after “crew agreement” insert “or an agreement specified in regulations under section 32(a)”.
5
In section 70, after subsection (4) insert—
5
Subsection (3) does not apply in respect of an agreement to reimburse repatriation costs.
Amendment to the Employment Rights Act 19963
PART 2Amendments to Secondary Legislation
Amendment of the Merchant Shipping (Seaman’s Allotments) Regulations 19724
1
The Merchant Shipping (Seaman’s Allotments) Regulations 19729 are amended as follows.
2
In regulation 2—
a
renumber the existing text as paragraph (1); and
b
in that text—
i
after “a seaman employed”, insert “or engaged”;
ii
omit “either”;
iii
at the end of sub-paragraph (b), insert “or”;
iv
insert after sub-paragraph (b)—
c
is employed or engaged on a ship to which the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 201410 apply
v
after “so employed”, insert “or engaged”;
vi
after “allot”, insert “all or”; and
vii
at the end, insert—
2
In these Regulations, references to wages include any remuneration payable to a seaman who is not an employee and who is engaged on a ship falling within paragraph (1)(c).
3
In regulation 3—
a
in paragraph (1), insert at the start “Subject to paragraph (3)”; and
b
insert after paragraph (2)—
3
Paragraph (1) does not apply to a seaman employed or engaged on a ship to which the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014 apply.
4
After regulation 5, insert—
Payments pursuant to allotment notes6
All sums payable pursuant to an allotment note must be paid promptly and directly to the person to whom the allotment is made.
Charges and exchange rates7
1
Subject to paragraph (2), a person may recover from the relevant seaman any costs incurred in making payments pursuant to an allotment note in accordance with these Regulations, but may not otherwise charge for the provision of that service.
2
Where paragraph (1) applies, costs which that person ordinarily incurs in making payments to the seaman may not be recovered.
3
Where it is appropriate or necessary to exchange currency in order to make payments pursuant to an allotment note, the person making the payment must make the exchange at a reasonable rate.
4
A breach of this regulation is an offence.
5
A person guilty of the offence is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Amendment of the Merchant Shipping (Seaman’s Wages and Accounts) Regulations 19725
1
The Merchant Shipping (Seaman’s Wages and Accounts) Regulations 197211 are amended as follows.
2
In regulation 1(2)—
a
after the definition of “the Act”, insert—
“seafarer employment agreement” means an agreement required by regulation 9 of the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 201412, and a reference to a seafarer employment agreement in relation to a seafarer who works on a ship means the agreement of that description to which that seafarer is party in connection with that work;
b
omit the definition of “code of conduct”.
3
Omit regulations 2, 3, 5(e) and the Schedule.
4
In regulations 4(1), 4(2)(a), 5(c), 5(d) and 8(4) after “crew agreement” in each place insert “or seafarer employment agreement”.
5
In paragraphs (1) and (4) of regulation 8, for “regulation 5(c), (d) or (e)” substitute “regulations 5(c) or (d)”.
Amendment of the Merchant Shipping (Repatriation) Regulations 19796
1
The Merchant Shipping (Repatriation) Regulations 197913 are amended as follows.
2
In regulation 2(1), for “paragraph (2)” substitute “paragraphs (1A) and (2)”.
3
After regulation 2(1), insert—
1A
These regulations do not apply to seafarers on ships to which the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 201414 apply.
4
In regulation 2(2), for “11” substitute “12”.
5
Omit regulation 11.
Amendment of the Merchant Shipping (Provisions and Water) Regulations 19897
1
The Merchant Shipping (Provisions and Water) Regulations 198915 are amended as follows.
2
In regulation 2 omit the definitions of “offshore installation” and “submersible craft”.
3
In regulation 3(1)(a) omit “other than regulation 9”.
4
For regulation 3(1)(b), substitute—
b
regulations 7, 8 and 10 apply only to fishing vessels.
5
Omit regulations 3(2)(c) and (d) and 9.
Amendment of the Merchant Shipping (Crew Agreements etc.) Regulations 19918
1
The Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations 199116 are amended as follows.
2
In regulation 2—
a
after the definition of “coastal voyage”, insert—
Maritime Labour Certificate” has the meaning given in regulation 2(1) of the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 201417;
b
after the definition of “ship”, insert—
“shipowner” means—
- a
in relation to a ship which has a valid Maritime Labour Certificate or interim Maritime Labour Certificate, the person identified as the shipowner on that Certificate;
- b
in relation to any other ship, the owner of the ship or, if different, any other organisation or person such as the manager, or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the owner; and
3
In regulation 3—
a
renumber the existing text as paragraph (1), and at the end insert—
2
This Part does not apply to a ship to which the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014 apply.
b
in the heading, after “interpretation” insert “and application”.
4
Omit regulations 13, 14(1)(a)(iii), 14(3), 23 and 24.
5
In regulation 14(1)(b), omit “whether or not he is employed under a crew agreement”.
6
In regulation 16 and 17, for “a superintendent” substitute “the Secretary of State”.
7
For regulation 19 substitute—
19
A list of crew remains in force until all of the persons employed on the ship whose particulars are contained on the list have been discharged.
8
For regulation 20(2) substitute—
2
The shipowner must deliver a list of crew to the Registrar-General of Shipping and Seamen within seven days of the expiry of each period of six months after the date on which it is made, for so long as it remains in force.
9
In regulation 21, omit “superintendent or”.
10
In regulation 26—
a
in paragraph (1)(a), for “regulation 24” substitute “regulation 25”;
b
in paragraph (1)(b), for “regulation 25(c)(ii)” substitute “regulation 25(1)(c)(ii)”; and
c
omit “23(1),” in paragraph (2).
Amendment of the Industrial Tribunals (Northern Ireland) Order 19969
Amendment of the Merchant Shipping (Crew Accommodation) Regulations 199710
1
The Merchant Shipping (Crew Accommodation) Regulations 199720 are amended as follows.
2
In regulation 3(2) at the end of sub-paragraph (b) omit “and” and at the end of sub-paragraph (c) insert—
and
d
ships to which the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 201421 apply.
Amendment of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 199811
1
The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 199822 are amended as follows.
2
In regulation 2(1), for the definitions of “EEA Agreement” and “EEA State” substitute—
“EEA Agreement” and “EEA State” have the meaning given by Schedule 1 to the Interpretation Act 197823.
3
In Schedule 1—
a
omit “The Merchant Shipping (Crew Accommodation) Regulations 1997” and “1997/1508”;
b
at the end of the first column, insert “The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014”; and
c
at the end of the second column, insert “2014/1613”.
4
In Schedule 2 —
a
omit “The Merchant Shipping (Crew Accommodation) Regulations 1997” and “1997/1508”;
b
at the end of the first column, insert “The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014”; and
c
at the end of the second column, insert “2014/1613”.
Amendment of the Merchant Shipping (Hours of Work) Regulations 200212
1
The Merchant Shipping (Hours of Work) Regulations 200224 are amended as follows.
2
Omit regulations 10 and 20(3).
3
For regulation 14A(2) substitute—
2
Where a relevant inspector has power to inspect a ship under paragraph (1)(b), regulation 14 applies to the relevant inspector as if—
a
in paragraphs (1) and (4), for the words “verifying compliance with these Regulations” there were substituted “carrying out an inspection under regulation 14A(1)(b)”; and
b
in paragraph (4), for the words “to which this regulation applies” in both places there were substituted “to which regulation 14A(1)(b) applies”.
Amendment of the Merchant Shipping (Maritime Labour Convention) (Medical Certification) Regulations 201013
1
The Merchant Shipping (Maritime Labour Convention) (Medical Certification) Regulations 201025 are amended as follows.
2
In regulation 2—
a
for the definitions of “medical practitioner” and “sea-going” substitute respectively—
“medical practitioner” means—
- a
in the case of a practitioner ordinarily resident in the United Kingdom, a fully registered person who—
- i
holds a licence to practise; or
- ii
meets the criteria specified in Merchant Shipping Notice 1839(M), being criteria which the Secretary of State considers appropriate having regard to the evidence of continuing professional development which such a practitioner must demonstrate in order to obtain a licence to practise; or
- b
in the case of a practitioner not ordinarily resident in the United Kingdom, a person who meets the criteria specified in Merchant Shipping Notice 1839(M), being criteria which the Secretary of State considers appropriate having regard to the qualifications and other credentials which must be demonstrated by a person falling within paragraph (a),
and
“sea-going” in relation to a United Kingdom ship means—
- a
a ship which operates outside the waters specified as Category A, B, C and D waters in Merchant Shipping Notice 1837(M)26;
- b
a ship to which the Merchant Shipping (Survey and Certification) Regulations 199527 apply and in respect of which no exemption granted under regulation 2(2) of those Regulations applies;
- c
a ship to which regulation 4 of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 199828 applies and which falls within the description given in paragraph (3) of that regulation; or
- d
a high speed craft in respect of which a permit to operate outside waters of Categories A, B, C or D has been issued in accordance with regulation 8 of the Merchant Shipping (High Speed Craft) Regulations 200429;
b
after the definition of “relevant inspector” insert—
“seafarer” means any person, including a master, who is employed or engaged or works in any capacity on board a ship and whose normal place of work is on a ship;
3
Omit regulation 3.
4
In regulation 5(1)(b), for “regulation 18(1)(b)” substitute “regulation 20”.
5
In regulations 8(1) (wherever it appears), 8(2)(b), 10(1), 12(3), 13(1)(c), 14(5) to (7) and 16(2), for “Merchant Shipping Notice 1822(M)” substitute “Merchant Shipping Notice 1839(M)”.
Amendment of the Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 201314
1
The Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 201330 are amended as follows.
2
In regulation 2(1), at paragraph (a) within the definition of “shipowner”, after “Maritime Labour Certificate” insert “or interim Maritime Labour Certificate”.
3
In regulation 4—
a
in paragraph (1), after “10 to 17” insert “(except regulation 11(3))”; and
b
in paragraph (2), after “9” insert “, 11(3)”.
4
In regulation 11(3), omit “or Government of a Convention State”.
5
In regulation 15(2), after “on indictment” insert “to imprisonment”.
6
In regulation 17(5), for sub-paragraph (c) substitute—
c
if either—
i
the sum of £30,000 is paid to the Secretary of State by way of security; or
ii
security which, in the opinion of the Secretary of State, is satisfactory and is for an amount not less than £30,000 is given to the Secretary of State,
by or on behalf of the shipowner or the master of the ship;
PART 3Revocations of Secondary Legislation
Revocations15
The following instruments are revoked—
1
The Merchant Shipping (Certification of Ships’ Cooks) Regulations 198131.
2
The Merchant Shipping (Ships’ Doctors) Regulations 199532.
PART 4Saving
Saving of the Merchant Shipping and Fishing Vessels (Health and Safety) (Employment of Young Persons) Regulations 199816
Notwithstanding the amendment of section 24 of the Merchant Shipping Act 1995 by article 2(1) and (2), the Merchant Shipping and Fishing Vessels (Health and Safety) (Employment of Young Persons) Regulations 199833 continue to apply in relation to all sea-going United Kingdom ships.
Signed by authority of the Secretary of State for Transport
(This note is not part of the Regulations)