- abandonment claim
has the meaning given in regulation 53N(3).
- abandonment security
has the meaning given in regulation 53N(1);
- Abandonment security document
has the meaning given in regulation 53Q(6).
- approved training provider
means a person who provides or secures the provision of seafarer training pursuant to an agreement with the Secretary of State;
- 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;
- basic wages
means the pay, however composed, for the seafarer's normal hours of work excluding overtime, bonuses, allowances, paid leave and other remuneration;
- catering department
means the galley, mess rooms and any other areas on board intended or used for the storage or preparation of food for seafarers or the service of meals to seafarers;
- catering staff
means seafarers whose normal duties include the preparation and storage of food, the service of meals to seafarers on board the ship or other work in the galley or in areas where food is stored or handled;
- claim for contractual compensation
means a claim for compensation in the event of death or long term disability of a seafarer arising from occupational injury, illness or hazard where the compensation payable in respect of the claim is set out in the seafarer’s seafarer employment agreement, and “contractual compensation” is to be construed accordingly.
- crew accommodation
means accommodation, including the construction, machinery, fittings and equipment of that accommodation, intended for or used by seafarers.
- 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;
- eligible person
means a seafarer who— (a) is 18 years of age or over;
- employed
means employed under a contract of employment;
- employee
means an individual who is employed under a contract of employment;
- employer
means a person by whom the seafarer is employed under a contract of employment.
- engaged
means engaged under a contract, whether express or implied and (if it is express) whether oral or in writing, whereby the person or seafarer so engaged undertakes to do or perform personally any work or services for the employer, or another party to the contract, whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried out by the person or seafarer.
- fishing vessel
has the meaning given in section 313(1) of the Act;
- 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;
- incapacitated seafarer
means a seafarer party to the collective bargaining agreement who would otherwise receive a payment by virtue of paragraph (4);
- internal waters
has the same meaning as in the MLC;
- Marine Guidance Note 479(M)
means the note described as such and issued by the MCA in July 2014.
- medical practitioner
means— (a) in the case of a practitioner ordinarily resident in the United Kingdom, a fully registered person who— (i) holds a licence to practise;
- 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;
- night
means a period—
- notification period
means the period —
- Period of incapacity
means—
- person authorised to issue seafarer medical certificates
means a person who has been authorised by or on behalf of the Secretary of State or another national maritime administration to issue medical certificates to seafarers for the purposes of Regulation 1.2 of the MLC (medical certificate) or Regulation I/9 of the STCW Convention;
- piracy
has the same meaning as in Article 101 of the United Nations Convention on the Law of the Sea 1982;
- pleasure vessel
means— (a) any vessel which at the time it is being used is— (i) in 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;
- proper officer
has the meaning given in section 313(1) of the Act;
- qualified medical doctor
means a person who is recognised as such by, and who (for the purposes of sub-paragraph 4(b) of Standard A4.1 (medical care on board ship and ashore) of the MLC) has the qualifications required by, the State whose flag the ship is entitled to fly.
- recruitment and placement service
means any person or organisation which is engaged in recruiting seafarers on behalf of shipowners or placing seafarers with shipowners.
- relative
means brother, sister, ancestor or lineal descendant;
- relevant inspector
means any of the persons mentioned in section 258(1) of the Act;
- relevant occupational injury, illness or hazard
means an occupational injury, illness or hazard— (a) occurring during the period of validity of the shipowner’s security;
- relevant period
has the meaning given in regulation 53L(3);
- relevant seafarer
means a seafarer whose normal place of work during the period of validity of the shipowner’s security is, or was, on board the ship.
- safe haven
means a harbour or shelter of any kind which affords entry and protection from the weather.
- 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;
- 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;
- similar stage of construction
means the stage at which—
- social connectivity
means connectivity to internet services for social communication and social engagement purposes.
- territorial sea
has the same meaning as in the MLC;
- the Act
means the Merchant Shipping Act 1995;
- 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;
- the STCW Convention
means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995 by resolution 1 of the STCW Convention, convened at the International Maritime Organization's headquarters from 26th June to 7th July 1995.
- United Kingdom ship
means a ship which is— (a) a United Kingdom ship within the meaning of section 85(2) of the Act;
- United Kingdom waters
has the meaning given in section 313(2) of the Act.
- wages
has the same meaning as in Part 10 (see regulation 53).
- waters
has the same meaning as in the MLC;