The Merchant Shipping (Work in Fishing Convention) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement parts of the Work in Fishing Convention, 2007 (Cm 7375) (the “Convention”). They apply to United Kingdom fishing vessels wherever they may be and to fishing vessels in United Kingdom waters.

Part 2 implements Article 9 of the Convention (minimum age). The Convention provides that, persons under the age of 16 must not normally work as fishermen, although an exception is provided for persons over 15 years of age who satisfy certain conditions, and, with some exceptions, fishermen under the age of 18 must not work on fishing vessels at night (regulations 6 and 7).

Part 3 implements Articles 16 to 20 of the Convention (fishers’ work agreements) and Article 24 (payment of fishermen). Every fisherman is required to have a fisherman’s work agreement with another person in respect of their work on a fishing vessel and the agreement must contain certain specified provisions (regulations 8 and 9 and the Schedule) and provide for the payment of wages or other remuneration at regular intervals (regulation 12). Fishermen are entitled to receive an account of the wages or other remuneration due to them, at intervals not exceeding one month (regulation 13)

Part 4 implements Article 21 of the Convention (repatriation). In the cases specified, a fishing vessel owner must make provision for the repatriation of a fisherman (regulations 14 to 16) and the fishing vessel owner is required to make provision for that fisherman’s relief and maintenance pending repatriation. A fisherman must not be required to pay towards the costs of such repatriation or relief and maintenance, other than in cases of serious misconduct (regulation 18). Where a fishing vessel owner fails to make provision for the repatriation of fishermen, or for their relief and maintenance pending repatriation, the Secretary of State is required to make such provision in the case of United Kingdom ships (and may do so in relation to non-United Kingdom ships) (regulation 19).

Part 5 implements Articles 25 to 28 of the Convention (accommodation and food). Fishing vessels are required to comply with the requirements relating to crew accommodation set out in Merchant Shipping Notices 1871, 1872 or 1873 and there are related inspection requirements (regulation 20). Provision is made to allow the Secretary of State to exempt ships from certain requirements in those Notices (regulation 21). Provision is made in relation to the quantity and quality of food and drinking water provided for fishermen on board a ship and such food and water must be provided free of charge (regulation 22). Provision is made in relation to the storage and handling of food and drinking water provided for fishermen and the organisation and equipment of catering departments on board ships, with related inspection requirements (regulations 23 and 24). A fisherman may lodge a complaint with the Secretary of State alleging that the provisions of the Convention are not being complied and must not suffer any detriment for doing so (regulation 25).

Part 6 implements Articles 29 and 30 of the Convention (medical care). A fisherman who is sick or injured is entitled to medical care on board ship and ashore.

Part 7, which applies to all ships within the scope of these Regulations, requires a contract of insurance or other security, adequate to ensure that the fishing vessel owner will be able to meet its liabilities under these Regulations to provide compensation in the event of death or long term disability to fishermen arising from occupational injury, illness or hazard.

Part 8 confers powers to allow the inspection of fishing vessels.

Part 9 provides for criminal penalties to be attached to many of the requirements in the Regulations and provides a “reasonable steps” defence for all offences.

Part 10 revokes the Merchant Shipping (Provisions and Water) Regulations 1989 (S.I.1989/102) which are replaced by provision made under these Regulations.

Part 11 contains a provision requiring the Secretary of State to review the Regulations and to publish a report of that review within five years of their coming into force (and within every five years after that). Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the relevant provisions or to amend them.

The Schedule sets out the provisions that must be included in a fisherman’s work agreement.

These Regulations are made under sections 85(1)(a) and (b), (3) and (5) to (7) and 86(1) of the Merchant Shipping Act 1995 except in so far as (a) they relate to parts of the Work in Fishing Convention, 2007 which do not concern the health or safety of persons on ships and (b) they relate to government ships. Section 2(2) of the European Communities Act 1972 is used to ensure that all parts of the Work in Fishing Convention, 2007 are covered by these Regulations.

Merchant Shipping Notices are published by the Maritime and Coastguard Agency (“the MCA”) (an executive agency of the Department for Transport). Copies may be obtained from M-Notices Subscriptions, PO Box 362, Europa Park, Grays, Essex RM17 9AY, email: [e-mail]. They may also be accessed via the MCA’s website: www.gov.uk/government/organisations/maritime-and-coastguard-agency, which also has details of any amendments or replacements.

The Maritime Labour Convention may be downloaded from the website of the International Labour Organisation at https://www.ilo.org. Printed copies may be inspected at The Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton, SO15 1EG.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sectors is foreseen.