- competent person
means a person who has sufficient training and experience or knowledge and other qualities, to enable him properly to undertake the duty imposed under the relevant provision in these Regulations, and in the case of a safety officer, has in addition a minimum of two years consecutive sea service since attaining the age of 18, which, in the case of a safety officer on board a tanker, shall include at least six months service in such a ship;
- contract of employment
means a contract of employment, whether express or implied, and if express, whether oral or in writing;
- 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;
- elected representative
means any person elected to represent a group of workers for the purposes of consultation with the employer on health and safety matters under regulation 20;
- employer
means a person by whom a worker is employed under a contract of employment;
- fishing vessel owner
means the owner of the fishing vessel or any other organisation or person such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the vessel from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on fishing vessel owners in accordance with the Work in Fishing Convention, regardless of whether any other organisation or person fulfils certain of the duties or responsibilities on behalf of the fishing vessel owner;
- given birth
means delivered a living child or, after twenty-four weeks of pregnancy, a stillborn child;
- health and safety
includes the occupational health and safety of persons whilst on board the ship and whilst boarding or leaving the ship;
- 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;
- Marine Guidance Note
means a notice described as such and issued by the Maritime and Coastguard Agency, an executive agency of the Department for Transport, and any reference to a particular Marine Guidance Note includes a reference to a Marine Guidance Note amending or replacing that Note which is considered by the Secretary of State to be relevant from time to time;
- master
includes the skipper of a fishing vessel;
- medical practitioner
means— (a) in the case of a practitioner ordinarily resident in the United Kingdom, a fully registered person who holds a licence to practise;
- Merchant Shipping Notice
means a notice described as such and issued by the Maritime and Coastguard Agency, an executive agency of the Department for Transport, 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;
- new or expectant mother
means a worker who is either pregnant, or has given birth within the previous six months, or is breast-feeding;
- pleasure vessel
means— (a) any vessel which at the time it is being used is— (a) (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;
- public service vessel
means any vessel operated by and on behalf of a public body while it is carrying out the authorised functions of that body;
- relative
means brother, sister, ancestor or lineal descendant;;
- relevant inspector
means a person mentioned in paragraphs (a), (b) or (c) of section 258(1) of the Act;
- sail training vessel
means a sailing vessel which is being used either— (a) to provide instruction in the principles of responsibility, resourcefulness, loyalty and team endeavour and to advance education in the art of seamanship;
- sea-going
means— (a) in relation to a United Kingdom ship which is not a fishing vessel, that the ship is— (a) a ship which operates outside the waters specified as Category A, B, C and D waters in Merchant Shipping Notice 1837(M);
- 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 such a ship;
- 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;
- statutory Code
means– • The Code of Practice for the Safety of Small Commercial Sailing Vessels;
- the 1996 Act
means the Employment Rights Act 1996;
- the Act
means the Merchant Shipping Act 1995;
- the Code
means the “Code of Safe Working Practices for Merchant Seafarers” published by the Maritime and Coastguard Agency, an executive agency of the Department for Transport, in September 2015, including any subsequent amendment, revision or replacement of that Code which the Secretary of State considers relevant from time to time and which is notified in a Marine Information Notice, described as such and issued by the Maritime and Coastguard Agency;
- the MLC
means the Maritime Labour Convention adopted on 23rd February 2006 by the General Conference of the International Labour Organization;
- United Kingdom ship
means a ship which— (a) is a United Kingdom ship within the meaning of section 85(2) of the Act;
- Work in Fishing Convention
means the convention adopted at Geneva on 14th June 2007 by the International Labour Organisation.
- worker
means any person employed by an employer under a contract of employment, including trainees or apprentices;