The Merchant Shipping (Maritime Labour Convention and Work in Fishing Convention) (Amendment) Regulations 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/1166 |
| Year | 2020 |
2020 No. 1166
Merchant Shipping
The Merchant Shipping (Maritime Labour Convention and Work in Fishing Convention) (Amendment) Regulations 2020
Made 22th October 2020
Laid before Parliament 27th October 2020
Coming into force 26th December 2020
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, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and sections 85(1), (3), (5) and (7) and 86(1) of the Merchant Shipping Act 19953makes the following Regulations.
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.
Citation and commencement
1. These Regulations may be cited as the Merchant Shipping (Maritime Labour Convention and Work in Fishing Convention) (Amendment) Regulations 2020 and come into force on 26th December 2020.
Amendment of the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014
2.—(1) The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 20144are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a)
(a) after the definition of “the Act” insert—
““” has the same meaning as in the MLC;
“" 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;”;
(b)
(b) after the definition of “fishing vessel” insert—
““" has the same meaning as in the MLC;”;
(c)
(c) after the definition of “personal representative” insert—
““" has the same meaning as in Article 101 of the United Nations Convention on the Law of the Sea 19825;”;
(d)
(d) after the definition of “shipowner” insert—
““" has the same meaning as in the MLC;”.
(3) After regulation 11 insert—
“Seafarer employment agreements: captive seafarers
11A.—(1) Paragraph (2) applies to a seafarer’s seafarer employment agreement which would, but for the operation of that paragraph, terminate while the seafarer is held captive as a result of piracy or armed robbery against a ship.
(2) Where this paragraph applies, the seafarer employment agreement continues to have effect until the date on which the shipowner’s duty under regulation 19 to repatriate the seafarer ends in accordance with regulation 21.
(3) The reference in paragraph (1) to the termination of a seafarer employment agreement includes—
(a)
(a) the operation of any provision of the seafarer employment agreement which would, but for this regulation, cause the seafarer employment agreement to cease to have effect; and
(b)
(b) the expiry of notice to terminate the seafarer employment agreement given for any reason, regardless of when such notice was given.
(4) For any period during which a seafarer is held captive as a result of piracy or armed robbery against a ship—
(a)
(a) the seafarer’s wages, remuneration and other entitlements, whether arising under the seafarer’s seafarer employment agreement, a collective bargaining agreement or any enactment, must continue to be paid;
(b)
(b) any part of the seafarer’s wages allotted to a person by an allotment note issued in accordance with regulations6under section 36 of the Act must continue to be paid to that person; and
(c)
(c) a term of any agreement is void to the extent that it purports to reduce, vary or stop any such payments.”.
(4) In regulation 21(c) (end of duty to repatriate where reasonable endeavours used to contact seafarer), at the beginning insert “except where the seafarer is held captive as a result of piracy or armed robbery against a ship.”.
Amendment of the Merchant Shipping (Work in Fishing Convention) Regulations 2018
3.—(1) The Merchant Shipping (Work in Fishing Convention) Regulations 20187are amended as follows.
(2) In regulation 26 (fishing vessel owner’s duty to make provision for medical treatment), after paragraph (3) insert—
“4 A breach of paragraph (2) is an offence by the fishing vessel owner.”.
(3) After regulation 28 insert—
“Detention of fishing vessels
28A.—(1) Where a relevant inspector has reasonable grounds for believing that—
(a)
(a) a fishing vessel does not comply with these Regulations; and
(b)
(b) either—
(i) the conditions on board are clearly hazardous to the safety, health or security of fishermen; or
(ii) the non-compliance represents a serious breach or the latest in a series of repeated breaches of these Regulations or the requirements of the Work in Fishing Convention,
that fishing vessel is liable to be detained.
(2) Where—
(a)
(a) a fishing vessel owner has failed to make provision in connection with which the Secretary of State has incurred costs under regulation 19; and
(b)
(b) the Secretary of State has requested reimbursement of those costs but has not been reimbursed,
every fishing vessel which is owned by the fishing vessel owner is liable to be detained.
(3) Where a fishing vessel is detained under this regulation and all of the grounds for detention have ceased to apply, a person having power to detain the fishing vessel must, at the request of the fishing vessel owner or the skipper of the fishing vessel, immediately release the fishing vessel—
(a)
(a) if no proceedings for an offence under these Regulations are instituted within the period of seven days beginning with the day on which the fishing vessel is detained;
(b)
(b) if proceedings for an offence under these Regulations, having been instituted within that period, are concluded without the fishing vessel owner or the skipper of the fishing vessel being convicted;
(c)
(c) if either—
(i) the sum of £30,000 is paid to the Secretary of State by way of security; or
(ii) security which, in the opinion of the Secretary of State, is satisfactory and is for an amount not less than £30,000 is given to the Secretary of State,
by or on behalf of the fishing vessel owner or the skipper of the fishing vessel;
(d)
(d) where the fishing vessel owner or the skipper of the fishing vessel is convicted of an offence under these Regulations, if any costs or expenses ordered to be paid by that person, and any fine imposed on that person, have been paid; or
(e)
(e) if the release is ordered by a court or tribunal referred to in Article 292 of the United Nations Convention on the Law of the Sea 1982, and any bond or other financial security ordered by such court or tribunal is posted.
(4) The Secretary of State must repay any sum paid in pursuance of paragraph (3)(c) or release any security so given—
(a)
(a) if no proceedings for an offence under these Regulations are instituted within the period of seven days beginning with the day on which the sum is paid or the security is given; or
(b)
(b) if proceedings for such an offence, having been instituted within that period, are concluded without the fishing vessel owner or the skipper of the fishing vessel being convicted.
(5) Where a sum has been paid, or security has been given, by any person in pursuance of paragraph (3)(c) and the fishing vessel owner or the skipper of the fishing vessel is convicted of an offence under these Regulations, the sum so paid or the amount made available under the security must be applied as follows—
(a)
(a) first in...
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