The Merchant Shipping (Maritime Labour Convention) (Health and Safety) (Amendment) Regulations 2014

JurisdictionUK Non-devolved
CitationSI 2014/1616

2014 No. 1616

Merchant Shipping

The Merchant Shipping (Maritime Labour Convention) (Health and Safety) (Amendment) Regulations 2014

Made 8th September 2014

Laid before Parliament 15th September 2014

Coming into force 13th October 2014

The Secretary of State is a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures relating to the safety of ships and the health and safety of persons on them.

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 85(1)(a) and (b), (3), (5) and (7) and 86(1) of the Merchant Shipping Act 19953.

In accordance with section 86(4) of the Merchant Shipping Act 1995 the Secretary of State has consulted the persons referred to in that section.

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Merchant Shipping (Maritime Labour Convention) (Health and Safety) (Amendment) Regulations 2014.

(2) These Regulations come into force on 13th October 2014.

S-2 Amendments to the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997

Amendments to the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997

2.—(1) The Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 19974are amended as follows.

(2) In regulation 2(2)—

(a)

(a) after the definition of “contract of employment” insert—

““Declaration of Maritime Labour Compliance” means, in relation to a ship, the Part 1 and Part 2 documents drawn up and issued in accordance with the MLC, in the forms corresponding to the relevant models given in Appendix A5-II of the MLC and having the contents, duration and validity specified in Regulation 5.1.3 and Standard A5.1.3 of the MLC;”;

(b)

(b) after the definition of “health and safety” insert—

““Marine Guidance Note” means a notice described as such and issued by the Maritime and Coastguard Agency, an executive agency of the Department for Transport, and any reference to a particular Marine Guidance Note includes a reference to a Marine Guidance Note amending or replacing that Note which is considered by the Secretary of State to be relevant from time to time;

“Maritime Labour Certificate” and “interim Maritime Labour Certificate” mean, in relation to a ship, a certificate of that name issued in accordance with the MLC, in a form corresponding to the relevant model given in Appendix A5-II of the MLC and having the contents, duration and validity specified in Regulation 5.1.3 and Standard A5.1.3 of the MLC;”;

(c)

(c) for the definition of “Merchant Shipping Notice” substitute—

““Merchant Shipping Notice” means a notice described as such and issued by the Maritime and Coastguard Agency, an executive agency of the Department for Transport, 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;”;

(d)

(d) after the definition of “Merchant Shipping Notice” insert—

““the MLC” means the Maritime Labour Convention adopted on 23rd February 2006 by the General Conference of the International Labour Organization5;”;

(e)

(e) after the definition of “new or expectant mother” insert—

““pleasure vessel” means—

(a) any vessel which at the time it is being used is—

i

(aa) in the case of a vessel wholly owned by an individual or individuals, used only for the sport or pleasure of the owner or the immediate family or friends of the owner; or

(bb) in the case of a vessel owned by a body corporate, used only for sport or pleasure and on which the persons on board are employees or officers of the body corporate, or their immediate family or friends; and

(ii) on a voyage or excursion which is one for which the owner does not receive money 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; or

(b) any vessel wholly owned by or on behalf of a members’ club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family, and for the use of which any charges levied are paid into club funds and applied for the general use of the club,

where, in the case of any vessel referred to in paragraphs (a) or (b), no other payments are made by or on behalf of users of the vessel, other than by the owner; and in this definition “immediate family” means, in relation to an individual, the spouse or civil partner of the individual, and a relative of the individual or the individual’s spouse or civil partner; and “relative” means brother, sister, ancestor or lineal descendant;;”;

(f)

(f) after the definition of “sail training vessel” insert—

““seafarer” means any person, including a master, who is employed or engaged or works in any capacity on board a ship which is not a fishing vessel6and whose normal place of work is on such a ship;

“sea-going” means—

(a) in relation to a United Kingdom ship which is not a fishing vessel, that the ship is—

(i) a ship which operates outside the waters specified as Category A, B, C and D waters in Merchant Shipping Notice 1837(M)7;

(ii) a ship to which the Merchant Shipping (Survey and Certification) Regulations 19958apply and in respect of which no exemption granted under regulation 2(2) of those Regulations applies;

(iii) a ship to which regulation 4 of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 19989applies and which falls within the description given in paragraph (3) of that regulation; or

(iv) 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 200410;

(b) in relation to a fishing vessel which is a United Kingdom ship or a ship which is not a United Kingdom ship, that the ship operates outside the waters specified as Category A, B, C and D waters in Merchant Shipping Notice 1837(M);

“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

(g)

(g) omit the definition of “sea-going”.

(3) In regulation 3(1), omit “United Kingdom”.

(4) After regulation 3(1), insert—

S-1A

“1A As regards Group A ships, Group B ships and Group C ships—

(a) the following provisions, insofar as they apply to workers, also apply to seafarers who are not workers and, insofar as they apply to employers, also apply to shipowners—

(i) regulation 4(1)(a);

(ii) regulation 5(1);

(iii) regulation 7;

(iv) regulation 12(1) and (2);

(v) regulation 16(1)(b)(iii);

(vi) regulation 18(b) and (c);

(vii) regulation 19(1)(b)(ii);

(viii) regulation 20;

(b) in relation to seafarers who are not workers, any obligation imposed by the provisions mentioned in paragraph (a) that would, by virtue of that paragraph, otherwise apply to employers and shipowners applies to shipowners only.”.

(5) For regulation 3(2) substitute—

S-2

“2 Part II of these Regulations applies as follows—

(a) all of the provisions apply to Group A ships and, with the exception of regulations 7(4A) and 11A, to Group D ships;

(b) regulations 4, 5, 7 and 12 apply to Group C ships.

S-3

3 Part III of these Regulations applies as follows—

(a) regulation 13 applies to Group A ships, Group C ships and Group D ships;

(b) regulation 13A applies only to Group A ships.

S-4

4 Part IV of these Regulations applies as follows—

(a) all of the provisions apply to Group A ships;

(b) regulations 15 and 19 apply to Group C ships; and

(c) regulations 14, 19 and 20 apply to Group D ships.

S-5

5 The provisions in Part V of these Regulations apply to Group A and Group D ships only.

S-6

6 Part VI of these Regulations applies as follows—

(a) all of the provisions other than regulations 27, 28, 28A, 28B and 29 apply to Group A ships;

(b) regulations 28A, 28B and 30 apply to Group B ships;

(c) regulations 22, 24 to 26, 27A and 27B apply to Group C ships;

(d) all of the provisions other than regulations 27A to 28B apply to Group D ships;

(e) regulations 28, 29 and 30 apply to Group E ships.

S-7

7 In this regulation—

(a) subject to paragraph (8), a “Group A” ship is a United Kingdom ship which is not a fishing vessel, wherever it may be;

(b) subject to paragraphs (8) and (9), a “Group B” ship is a sea-going ship which is not a fishing vessel and which is not a United Kingdom ship, which is in United Kingdom waters, where—

(i) the MLC has come into force for the State whose flag the ship is entitled to fly; and

(ii) the ship carries—

(aa) a Maritime Labour Certificate to which a Declaration of Maritime Labour Compliance is attached; or

(bb) an interim Maritime Labour Certificate.

(c) subject to paragraphs (8) and (9), a “Group C” ship is a sea-going ship which is not a fishing vessel and which is not a United Kingdom ship, which is in United Kingdom waters, where—

(i) the MLC has not come into force for the State whose flag the ship is entitled to fly; or

(ii) the MLC has come into force for the State whose flag the ship is entitled to fly, but the ship does not carry—

(aa) a Maritime Labour Certificate to which a Declaration of Maritime Labour Compliance is attached; or

(bb) an interim Maritime Labour Certificate.

(d) a “Group D” ship is a fishing vessel which is a United Kingdom...

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