The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014

JurisdictionUK Non-devolved
CitationSI 2014/1613

2014 No. 1613

Merchant Shipping

The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) 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 designated for the purposes of section 2(2) of the European Communities Act 19721in relation to measures relating to the safety of ships and the health and safety of persons on them2and in relation to measures relating to maritime transport3.

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 85(1)(a) and (b), (3) and (5) to (7) and section 86(1) and (2) of the Merchant Shipping Act 19954and by section 2(2) of the European Communities Act 1972.

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.

1 General matters

PART 1

General matters

S-1 Citation and commencement

Citation and commencement

1.—(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.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations—

“the Act” means the Merchant Shipping Act 19955;

“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;

“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 Organization6;

“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;

“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;

“proper officer” has the meaning given in section 313(1) of the Act;

“relevant inspector” means any of the persons mentioned in section 258(1) of the Act;

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

“seafarer employment agreement” means a written agreement between a seafarer and another person in respect of the seafarer’s work on board 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;

“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;

“United Kingdom ship” means a ship which is—

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

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

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

“United Kingdom waters” has the meaning given in section 313(2) of the Act.

(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.

S-3 Application

Application

3.—(1) Subject to paragraph (5) and regulations 37(1) and 44(2), the provisions specified in paragraph (2) apply to—

(a)

(a) a sea-going United Kingdom ship wherever it may be; and

(b)

(b) a sea-going ship which is not a United Kingdom ship, while that ship is in United Kingdom waters, if—

(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.

(2) The provisions referred to in paragraph (1) are as follows—

(a)

(a) all of the provisions in Parts 2 to 10, other than those referred to in sub-paragraph (4)(b); and

(b)

(b) all of the provisions in Part 11, other than regulations 55 and 57.

(3) Subject to paragraph (5) and regulation 46(4), the provisions specified in paragraph (4) apply to a sea-going ship which is not a United Kingdom ship, while that ship is in United Kingdom waters, if—

(a)

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

(b)

(b) the ship carries—

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

(ii) an interim Maritime Labour Certificate.

(4) The provisions referred to in paragraph (3) are as follows—

(a)

(a) regulations 26 and 49 and all of the provisions in Parts 3 and 11 (other than regulation 54); and

(b)

(b) the following provisions—

(i) regulation 6;

(ii) regulation 15;

(iii) regulation 18;

(iv) regulation 28;

(v) regulation 33;

(vi) regulation 41; and

(vii) regulation 46.

(5) These Regulations do not apply to—

(a)

(a) pleasure vessels;

(b)

(b) fishing vessels;

(c)

(c) ships of traditional build;

(d)

(d) warships or naval auxiliaries; or

(e)

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

2 Minimum age

PART 2

Minimum age

S-4 Seafarer to be of minimum age

Seafarer to be of minimum age

4.—(1) A person under 16 years of age must not be employed, engaged or work on board a ship.

(2) A breach of paragraph (1) is an offence by the shipowner, the master of the ship and the employer of the person under the age of 16.

S-5 Young persons on night duty

Young persons on night duty

5.—(1) Subject to paragraph (2), a seafarer under 18 years of age must not be employed, engaged or work on board a ship at night.

(2) Paragraph (1) does not apply where—

(a)

(a) the effective training of the seafarer, in accordance with established programmes and schedules, would be impaired by its application; or

(b)

(b) the specific nature of the duty or of a recognised training programme requires that the seafarer performs duties at night and the work to be carried out is specified in Merchant Shipping Notice 1838(M) as not being detrimental to the health and well-being of seafarers under the age of 18.

(3) In this regulation, “night” means a period—

(a)

(a) the duration of which is not less than nine consecutive hours; and

(b)

(b) which starts no later than midnight and ends no earlier than 5 a.m. (local time).

(4) A breach of paragraph (1) is an offence by the shipowner, the master of the ship and the employer of the person under the age of 18.

S-6 Part 2 requirements for...

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