The Merchant Shipping (Maritime Labour Convention) (Medical Certification) Regulations 2010
2010 No. 737
Merchant Shipping
The Merchant Shipping (Maritime Labour Convention) (Medical Certification) Regulations 2010
Made 10th March 2010
Laid before Parliament 12th March 2010
Coming into force 6th April 2010
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 85(1)(a) and (b), (1A), (1B), (3) and (5) to (7) and section 86(1) of the Merchant Shipping Act 19951and section 2(2) of the European Communities Act 19722.
In accordance with section 86(4) of the Merchant Shipping Act the Secretary of State has consulted the persons referred to in that section.
Citation, commencement and revocations
1.—(1) These Regulations may be cited as the Merchant Shipping (Maritime Labour Convention) (Medical Certification) Regulations 2010 and shall come into force on 6th April 2010.
(2) The following Regulations are revoked—
(a)
(a) the Merchant Shipping (Medical Examination) Regulations 20023, and
(b)
(b) the Merchant Shipping (Medical Examination) (Amendment) Regulations 20054.
Interpretation
2. In these Regulations—
“the Act” means the Merchant Shipping Act 1995,
“approval” means an approval given by the Secretary of State in writing and which specifies the date on which it takes effect, its duration and the conditions (if any) on which it is given, and “approved” has a corresponding meaning,
“Code of Practice” means one of the following Codes of Practice—
(a) The Code of Practice for the Safety of Small Commercial Sailing Vessels, published in 1993 by the Stationery Office (ISBN 0-11-551184-9),
(b) The Code of Practice for the Safety of Large Commercial Sailing and Motor Vessels, as set out in Merchant Shipping Notice 1792(M),
(c) The Code of Practice for the Safety of Small Commercial Motor Vessels, published in 1993 by the Stationery Office (ISBN 0-11-551185-7),
(d) The Safety of Small Workboats and Pilot Boats — A Code of Practice, published in 1998 by the MCA,
(e) The Code of Practice for the Safety of Small Vessels in Commercial Use for Sport or Pleasure Operating from a Nominated Departure Point, published in 1999 by the Stationery Office (ISBN 0-11-551812-6),
“the MCA” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport,
“medical fitness certificate” means a certificate attesting to a person’s fitness to perform the duties which that person will carry out at sea and which is issued under regulation 8 or 14 (whether or not subject to restriction or conditions),
“medical practitioner” means a medical practitioner approved by the Secretary of State to issue medical fitness certificates who—
(a) in the case of a practitioner based in the United Kingdom, is a registered medical practitioner,
(b) in the case of a practitioner not based in the United Kingdom, is entitled to practise in the country or territory in which that practitioner is based, and whose qualifications are specified in Merchant Shipping Notice 1822(M) as equivalent to those required of a practitioner based in the United Kingdom who is a registered medical practitioner,
“Merchant Shipping Notice” means a notice described as such and issued by the MCA, and any reference to a particular Merchant Shipping Notice includes a reference to a Merchant Shipping Notice amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time,
“offshore installation” means any installation which is intended for underwater exploitation of mineral resources or exploration with a view to such exploitation,
“relevant inspector” means a person mentioned in paragraph (a), (b) or (c) of section 258(1) of the Act5
“sea-going” in relation to a United Kingdom ship means—
(a) a ship in respect of which a certificate is required to be in force in accordance with—
(i) the Merchant Shipping (Load Line) Regulations 19986,
(ii) the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 19987, or
(iii) the Merchant Shipping (Small Workboats and Pilot Boats) Regulations 19988,
(b) a passenger ship of Class I, II, II(A), III, VI or VI(A) in respect of which a certificate is required to be in force in accordance with the Merchant Shipping (Survey and Certification) Regulations 19959, or
(c) a high speed craft in respect of which a permit to operate outside waters of Categories A, B, C or D is required to be in force in accordance with the Merchant Shipping (High Speed Craft) Regulations 200410,
“ship” includes a hovercraft, and
“United Kingdom ship” means a ship which is—
(a) a United Kingdom ship within the meaning of section 85(2) of the Act,
(b) a Government ship within the meaning of section 308(4) of the Act which is ordinarily engaged in commercial maritime operations, or
(c) a hovercraft registered under the Hovercraft Act 196811.
Meaning of “seafarer”
3.—(1) In these Regulations “seafarer” means any person, including a master, who is employed or engaged or works in any capacity on board a ship on the business of the ship but does not include a person who—
(a)
(a) is training in a sail training vessel, or
(b)
(b) is on board a sail training vessel other than for training but—
(i) is not engaged in or responsible for the navigation of the vessel, and
(ii) has no emergency safety responsibilities on the vessel.
(2) In paragraph (1) “sail training vessel” means a sailing vessel which is being used either—
(a)
(a) to provide instruction in the principles of responsibility, resourcefulness, loyalty and team endeavour and to advance education in the art of seamanship, or
(b)
(b) to provide instruction on navigation and seamanship for yachtsmen,
and which is operating under a Code of Practice.
Meaning of “pleasure vessel”
4.—(1) Subject to paragraph (4), for the purposes of these Regulations a “pleasure vessel” is a vessel of a type described in paragraph (2) or (3).
(2) The first type of pleasure vessel is a vessel—
(a)
(a) wholly owned by an individual and used only for the sport or pleasure of the owner or the immediate family or friends of the owner, or
(b)
(b) wholly owned by a body corporate and used only for the sport or pleasure of employees or officers of the body corporate, or their immediate family or friends,
which is on a voyage or excursion in respect of which the owner is not paid for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion.
(3) The second type of pleasure vessel is a vessel wholly owned by or on behalf of an unincorporated association formed for the purposes of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that unincorporated association or their immediate families, and for the use of which any charges levied are paid into the funds of, and applied for the general use of, that unincorporated association.
(4) A vessel is not in paragraph (2) or (3) if payments other than those mentioned in those paragraphs are made by or on behalf of the users of the vessel, other than the owner of the vessel.
(5) In paragraphs (2) and (3) “immediate family” means, in relation to an individual, the spouse or civil partner of the individual, and a sibling, ancestor or lineal descendant of that individual or of that individual’s spouse or civil partner.
Application
5.—(1) Subject to paragraph (2)—
(a)
(a) these Regulations apply to sea-going United Kingdom ships wherever they may be, and
(b)
(b) regulation 18(1)(b) applies to sea-going ships (including hovercraft) which are not United Kingdom ships, when they are in a United Kingdom port or United Kingdom waters.
(2) These Regulations do not apply to—
(a)
(a) pleasure vessels,
(b)
(b) fishing vessels,
(c)
(c) warships or naval auxiliaries,
(d)
(d) offshore installations whilst on their working stations.
(3) These Regulations do not apply to (in the case of regulation 7, do not apply as respects)—
(a)
(a) any person whose work is not part of the routine business of the ship and whose principal place of work is ashore,
(b)
(b) any person who is subject to any requirement contained in the Working Time Regulations 199812, the Merchant Shipping (Working Time: Inland Waterway) Regulations 200313or the Fishing Vessels (Working Time: Sea-fishermen) Regulations 200414.
Seafarer to have valid medical fitness certificate
6.—(1) Subject to paragraphs (3) and (4), no person may work as a seafarer on a ship to which these Regulations apply unless that person has been issued with a medical fitness certificate which is still valid and is not suspended.
(2) A seafarer who has been issued with a medical fitness certificate must carry that certificate on board during the term of that seafarer’s employment on a ship to which these Regulations apply.
(3) A seafarer whose medical fitness certificate has expired during the course of a voyage may continue to work until—
(a)
(a) the first port of call at which it is possible for the seafarer to make an application for a medical fitness certificate and be examined by a medical practitioner, or
(b)
(b) the expiry of three months starting on the date of the expiry of the certificate,
whichever is the sooner.
(4) In urgent cases, with the Secretary of State’s approval, if a person—
(a)
(a) does not hold a valid medical fitness certificate, but
(b)
(b) has held a medical fitness certificate for a period of not less than 24 months (or in the case of a person under 18 years at the date of issue of the certificate, 12 months) and that certificate has expired no earlier than one month before the date on which that person joined a ship to which these Regulations apply,
that person may work as a seafarer on that ship until the first port of call at which...
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