The Merchant Shipping (Maritime Labour Convention) (Consequential and Minor Amendments) Regulations 2014
| Jurisdiction | UK Non-devolved |
| Citation | SI 2014/1614 |
2014No. 1614
MERCHANT SHIPPING
The Merchant Shipping (Maritime Labour Convention) (Consequential and Minor Amendments) Regulations 2014
9thJuly2014
15thJuly2014
7thAugust2014
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972( 1) in relation to measures relating to the safety of ships and the health and safety of persons on them( 2) and in relation to measures relating to maritime transport( 3).
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 1995( 4).
In accordance with sections 86(4) and 306(4) of the Merchant Shipping Act 1995( 5), the Secretary of State has consulted the persons and organisations referred to in those sections.
Citation and commencement
1. 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 1
Amendments to Primary Legislation
Amendments to Merchant Shipping Act 1995
2. (1) The Merchant Shipping Act 1995( 6) 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 1996
3. In section 199(1) of the Employment Rights Act 1996( 7), at the end insert "or an agreement specified in regulations under section 32(a) of the Merchant Shipping Act 1995"( 8).
PART 2
Amendments to Secondary Legislation
Amendment of the Merchant Shipping (Seaman's Allotments) Regulations 1972
4. (1) The Merchant Shipping (Seaman's Allotments) Regulations 1972( 9) 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 2014( 10) 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 notes
6. 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 rates
7.
(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 1972
5. (1) The Merchant Shipping (Seaman's Wages and Accounts) Regulations 1972( 11) 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 2014( 12), 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;"; and
(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 1979
6. (1) The Merchant Shipping (Repatriation) Regulations 1979( 13) 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 2014( 14) apply.".(4) In regulation 2(2), for "11" substitute "12".
(5) Omit regulation 11.
Amendment of the Merchant Shipping (Provisions and Water) Regulations 1989
7. (1) The Merchant Shipping (Provisions and Water) Regulations 1989( 15) 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 1991
8. (1) The Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations 1991( 16) 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 2014( 17);"; and
(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."; and(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...
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