The Merchant Shipping (Maritime Labour Convention) (Recruitment and Placement) Regulations 2014

JurisdictionEngland & Wales
CitationSI 2014/1615

2014 No. 1615

Merchant Shipping

The Merchant Shipping (Maritime Labour Convention) (Recruitment and Placement) Regulations 2014

Made 9th July 2014

Laid before Parliament 15th July 2014

Coming into force 7th August 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 maritime transport.

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Merchant Shipping (Maritime Labour Convention) (Recruitment and Placement) Regulations 2014.

(2) These Regulations come into force on 7th August 2014.

S-2 Interpretation and application

Interpretation and application

2.—(1) In these Regulations—

“the Act” means the Employment Agencies Act 19733;

“the Merchant Shipping Act” means the Merchant Shipping Act 19954;

“the Conduct Regulations” means the Conduct of Employment Agencies and Employment Businesses Regulations 20035;

“employment agency”—

(a) means a business (whether or not carried on with a view to profit and whether or not carried on in conjunction with any other business) carried on in the United Kingdom which provides services for the purpose of finding persons employment with employers or of supplying employers with persons for employment by them, other than a business where the services provided are limited exclusively to the provision of information; and

(b) includes a person carrying on such an employment agency, and in the case of a person who carries on both an employment agency and an employment business means such a person in their capacity in carrying on the employment agency;

“employment business”—

(a) means a business (whether or not carried on with a view to profit and whether or not carried on in conjunction with any other business) carried on in the United Kingdom which supplies persons in the employment of the person carrying on the business, to act for, and under the control of, other persons in any capacity; and

(b) includes a person carrying on such an employment business, and in the case of a person who carries on both an employment business and an employment agency means such a person in their capacity in carrying on the employment business;

“fishing vessel” has the meaning given in section 313 of the Merchant Shipping Act;

“hirer” means a person (including an employment business) to whom an employment agency or employment business introduces or supplies or holds itself out as being capable of introducing or supplying a work-seeker;

“the Maritime Labour Convention” means the Convention adopted on 23rd February 2006 by the General Conference of the International Labour Organization6;

“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;

“seafarer” means any person, including a master, who is employed or engaged or works in any capacity on board a ship and whose normal place of work is on a ship;

“sea-going” in relation to a United Kingdom ship means—

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

(b) 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;

(c) 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

(d) 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;

“ship” includes hovercraft;

“United Kingdom ship” means a ship which is—

(a) a United Kingdom ship within the meaning of section 85(2) of the Merchant Shipping Act;

(b) a Government ship within the meaning of section 308(4) of the Merchant Shipping Act which is ordinarily engaged in commercial maritime operations; or

(c) a hovercraft registered under the Hovercraft Act 196811;

“work-finding services” means services provided—

(a) by an employment agency to a person for the purpose of finding that person employment or seeking to find that person employment;

(b) by an employment business to an employee of the employment business for the purpose of finding or seeking to find another person, with a view to the employee acting for and under the control of that other person;

(c) by an employment business to a person (the “first person”) for the purpose of finding or seeking to find another person (the “second person”), with a view to the first person becoming employed by the employment business and acting for and under the control of the second person; and

“work-seeker” means a person to whom an employment agency or employment business provides or holds itself out as being capable of providing work-finding services.

(2) In the application of these Regulations to a hovercraft, a reference to the master of a ship includes a reference to the captain of that hovercraft.

(3) These Regulations do not apply in relation to any arrangements, supply, services, functions or business specified in—

(a)

(a) Article 11(5) of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 198112, where such activity takes place in Northern Ireland; or

(b)

(b) section 13(7) of the Act, where such activity takes place in Great Britain.

(4) These Regulations do not apply in relation to the employment of a seafarer on the following types of ship—

(a)

(a) pleasure vessels;

(b)

(b) fishing vessels;

(c)

(c) ships of traditional build;

(d)

(d) warships or naval auxiliaries;

(e)

(e) vessels which are not ordinarily engaged in commercial activities.

S-3 Meaning of “seafarer employment agreement”

Meaning of “seafarer employment agreement”

3.—(1) In these Regulations, “seafarer employment agreement” means, in relation to a seafarer—

(a)

(a) the written agreement required by regulation 9 of the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulation 201413, where the seafarer works on a United Kingdom ship; or

(b)

(b) the agreement governing the seafarer’s work on the ship, where the seafarer works on a ship which is not a United Kingdom ship.

(2) For the purposes of regulation 5, “seafarer employment agreement” includes a draft of the agreement referred to in paragraph (1) which has been prepared for signature but has not yet been entered into.

S-4 Duty on employment agencies as regards seafarer employment

Duty on employment agencies as regards seafarer employment

4. An employment agency must not introduce or supply a work-seeker to a hirer for the purposes of employment as a seafarer on a sea-going ship unless it has verified—

(a) the identity of the work-seeker; and

(b) that the work-seeker has the experience, training, qualifications and any authorisation which the hirer considers are necessary, or which are required by law or by any professional body, to work in the position which the hirer seeks to fill.

S-5 Duty on employment agencies and businesses as regards seafarer employment agreements

Duty on employment agencies and businesses as regards seafarer employment agreements

5. An employment agency or employment business introducing or supplying a work-seeker to a hirer for the purposes of employment as a seafarer on a sea-going ship must—

(a) ensure that the work-seeker is informed of the rights and duties under the seafarer employment agreement prior to or in the process of engagement;

(b) ensure that arrangements are made for the work-seeker to have an opportunity to examine the seafarer employment agreement before and after it is signed by the work-seeker; and

(c) ensure that arrangements are made for the work-seeker to receive a copy of the seafarer employment agreement after it is signed by the work-seeker.

S-6 Duty on employment agencies and businesses to provide financial system of protection

Duty on employment agencies and businesses to provide financial system of protection

6.—(1) This regulation applies to an employment agency or employment...

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