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The Merchant Shipping (Working Time: Inland Waterways) Regulations 2003

Consolidated Text As Enacted Cited authorities 62 Cited in Amendments 6 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2003/3049
Year2003
  • These Regulations may be cited as the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 and shall come into force on 24th December 2003.
    • (1) In these Regulations—(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ordinarily operates in, and does not ordinarily go beyond the limits of waters of category A, B, C or D (as categorised in Merchant Shipping Notice MSN 1837(M) , Amendment 1) , andis not a pleasure vessel.(2) Regulations 6, 6A, 6D, 10, 10A, 10B and 15A do not apply to workers under the age of 18.
  • for any reference to any employment tribunal there shall be substituted a reference to an industrial tribunal within the meaning of section 42(5) of the Interpretation Act (Northern Ireland) 1954
  • in regulation 2(1) for the definition of “collective agreement” there shall be substituted the following definition—
  • in regulation 18A(1) (a) for the words “subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) ” substitute “paragraph (1) of Article 20A of the Industrial Tribunals (Northern Ireland) Order 1996 (requirement to contact the Labour Relations Agency before instituting proceedings) ”;
  • in regulation 18A(1) (b) for the words “(by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section” substitute “(by virtue of regulations made under paragraph (11) of that Article) the certificate issued under paragraph (4) of that Article”;
  • in regulation 19(2) (a) for the words “a conciliation officer has taken action under
  • in regulation 19(2) (b) for the words “
  • in regulation 19(2) (b) for the word “settlement” substitute “compromise”;
  • in regulation 19(3) for the word “settlement” substitute “compromise”.
  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • Subject to regulation 15A, an employer shall ensure that a worker’s working time shall not exceed 14 hours in any 24 hour period.
  • Subject to regulation 15A, an employer shall ensure that a worker’s working time shall not exceed 84 hours in any seven day period.
    • (1) Subject to paragraph (2) , an employer shall ensure that a worker’s working time shall not exceed 2,304 hours within 12 months.(2) Where the duration of a worker’s employment relationship is less than 12 months, paragraph (1) shall not apply and a worker’s maximum working time shall be that proportion of 2,304 hours that the employment relationship bears to 12 months.(1) A worker’s working time shall not exceed an average of 48 hours for any seven day period.(2) For the purposes of this regulation, a worker’s average working time for each seven days during the reference period shall be determined according to the following formula—(A+B) ¯Cwhere—
    • A is the aggregate number of hours comprised in the worker’s working time during the course of the reference period;
    • B is the aggregate number of hours comprised in the worker’s working time during the course of the period beginning immediately after the end of the reference period and ending when the number of days in that subsequent period on which the worker has worked equals the number of excluded days during the reference period; and
    • C is the number of weeks in the reference period.
    days comprised in any period of annual leave taken by the worker in exercise of the worker’s entitlement under regulation 11 or 11A;in so far as it is not comprised in any period of annual leave in accordance with sub-paragraph (a) , any day which is a bank holiday in any part of the United Kingdom under the Banking and Financial Dealings Act 1971;days comprised in any period of sick leave taken by the worker; andany period of maternity, paternity, adoption or parental leave taken by the worker.
  • Subject to regulation 15A, where, according to the work schedule, there are more working days than rest days, an employer shall ensure that a worker’s average weekly working time shall not exceed 72 hours over a four month period.
    • (1) A worker who so requests shall be entitled to an annual free health assessment.(2) During the assessment referred to in paragraph (1) , particular attention shall be paid to identifying symptoms or conditions which could be as a result of work on board with minimum daily rest periods or rest days.the worker has given consent in writing to the disclosure, orthe disclosure is confined to a statement that the assessment shows the worker to be fit.

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