Merchant Shipping (Medical Examination) Regulations 1983
| Year | 1983 |
1983 No. 808
MERCHANT SHIPPING
SAFETY
The Merchant Shipping (Medical Examination) Regulations 19831stJune 1983
15thJune 1983
1stJuly 1983
The Secretary of State, after consulting with the persons referred to in section 22(2) of the Merchant Shipping Act 1979(a), in exercise of the powers conferred on him by section 21(1)(a) and (b), (3)(e), (p), (q), and (r), (4)(a) and (6)(a)(ba) and (bb) and of section 22(1)(a) and (d) of that Act (b) and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation and Commencement
1. These Regulations may be cited as the Merchant Shipping (Medical Examination) Regulations 1983 and shall come into operation on 1st July 1983.
Interpretation
2. In these Regulations:
"approved" means approved for the purpose by the Secretary of State;
"chemical" means any liquid chemical listed in Chapter VI of the 1980 Inter-Governmental Maritime Consultative Organisation publication entitled "Code for the Construction and Equipment of ships carrying Dangerous Chemicals in Bulk" and any relevant supplement thereto which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
"fishing vessel" means a vessel for the time being employed in sea fishing but does not include a vessel used otherwise than for profit;
"GRT" in relation to a ship, means its gross register tonnage and the gross register tonnage of a ship having alternative gross register tonnages shall be taken to be the larger of those tonnages;
(a) 1979 c.39.
(b) Section 21(6)(ba) and (bb) were inserted by section 49(3) of the Criminal Justice Act 1982 (c.48).
"medical fitness certificate" means a certificate issued under regulation 7 below (whether or not subject to restrictions) or a certificate deemed to be equivalent thereto under regulation 5 or 6;
"Merchant Shipping Notice" means a Notice described as such, issued by the Department of Trade and published by Her Majesty's Stationery Office;
"offshore installation" means any offshore installation within the meaning of section 1(4) of the Mineral Workings (Offshore Installations) Act 1971(a);
"pleasure craft" means a vessel primarily used for sport or recreation;
"prescribed fee" means a fee prescribed in regulations made by the Secretary of State with the approval of the Treasury;
"seafarer" includes a master and a seaman;
"specified by the Secretary of State" means specified in Merchant Shipping Notice No. 1061 and any document amending it which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
"United Kingdom ship" has the same meaning as in section 21(2) of the Merchant Shipping Act 1979.
Application
3. (a) These Regulations apply to sea-going United Kingdom ships and
(b) regulations 13 and 14 of these Regulations apply to sea-going ships other than United Kingdom ships when they are in a United Kingdom port or the territorial waters thereof
being ships which are of 1,600 GRT or over, including sea-going tugs, other than fishing vessels, pleasure craft, and offshore installations whilst on their working stations.
Prohibition on Employment
4.—(1) Subject to paragraph (4) of this regulation, no person shall employ a seafarer in a ship to which these Regulations apply unless that seafarer is the holder of a valid medical fitness certificate:
Provided that:
(a) any seafarer who has served at sea at any time during the two years immediately preceding the date on which these Regulations come into operation may continue his sea-going employment without such a medical fitness certificate for a period of two years from that date;
(b) any seafarer, the validity of whose certificate expires while he is in a location where medical examination in accordance with these Regulations is impracticable, may continue to be employed without such a certificate for a period not exceeding three months from the date of expiry of such medical certificate.
(a) 1971 c.61: section 1 was substituted by section 24 of the Oil and Gas (Enterprise) Act 1982 (c.23).
(2) Subject to paragraph (4) of this regulation, no person shall employ a seafarer in a ship in a capacity or in a geographical area precluded by any restriction in that seafarer's medical fitness certificate.
(3) Subject to paragraph (4) of this regulation, no person shall employ a seafarer in a ship carrying chemicals in bulk unless that seafarer is the holder of a valid medical fitness certificate issued in respect of a medical examination undertaken not more than 12 months previously, notwithstanding that the period of validity specified in the medical fitness certificate may exceed 12 months.
(4) Paragraphs (1), (2) and (3) of this regulation shall not apply to the employment of:—
(i) a pilot (who is not a member of the crew);
(ii) a person employed in a ship solely in connection with the construction, alteration, repair or testing of the ship, its machinery or equipment, and not engaged in the navigation of the ship;
(iii) a person solely employed in work directly related to:
(a) the exploration of the seabed or sub-soil or the exploitation of their natural resources;
(b) the storage of gas in or under the seabed or the recovery of gas so stored;
(c) the laying, inspection, testing, repair...
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