The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014
| Jurisdiction | UK Non-devolved |
| Citation | SI 2014/1613 |
| Year | 2014 |
(1) These Regulations may be cited as the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014.(2) These Regulations come into force on 7th August 2014.(1) In these Regulations—
- “the Act” means the Merchant Shipping Act 1995 ;
- F72“waters” has the same meaning as in the MLC;
- F72“armed robbery against a ship" means any illegal act of violence or detention or any act or threat of depredation, other than an act of piracy, committed for private ends and directed against a ship or against persons or property on board such a ship, within a State’s internal waters, archipelagic waters or territorial sea, or any act of inciting or of intentionally facilitating such an act;
- “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;
- “employee” means an individual who is employed under a contract of employment;
- “fishing vessel” has the meaning given in section 313(1) of the Act;
- F73“internal waters" has the same meaning as in the MLC;
- “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;
- “the MCA” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;
- “the MLC” means the Maritime Labour Convention, which was adopted on 23rd February 2006 by the General Conference of the International Labour Organization ;
- “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;
-
F47“personal representative”, in relation to a seafarer who has died, means—
- (a) a person responsible for administering the seafarer’s estate under the law of England and Wales, Scotland or Northern Ireland; or
- (b) a person who, under the law of another country or territory, has functions equivalent to those of administering the seafarer’s estate;
- F74“piracy" has the same meaning as in Article 101 of the United Nations Convention on the Law of the Sea 1982;
- “pleasure vessel” means—
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(a) any vessel which at the time it is being used is—
- (i) F34in the case of a vessel wholly owned by—
- (aa) 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) 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,
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(a) any vessel which at the time it is being used is—
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