The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018

Contents

1 Citation and commencement
2 Amendment of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998
3 Amendment of the Merchant Shipping (Maritime Labour Convention) (Medical Certification) Regulations 2010
4 Amendment of the Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013
5 Amendment of the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014
6 Amendment of the Merchant Shipping (Maritime Labour Convention) (Recruitment and Placement) Regulations 2014
7 Amendment of the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018

1Citation and commencement#

These Regulations may be cited as the Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018 and come into force on 6th April 2018.

2Amendment of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3Amendment of the Merchant Shipping (Maritime Labour Convention) (Medical Certification) Regulations 2010#

(1)The Merchant Shipping (Maritime Labour Convention) (Medical Certification) Regulations 2010 are amended as follows.

(2)In regulation 2 (interpretation)—

(a)after the definition of “the MCA” insert—“• “medical condition” includes both injury and illness, and a “significant medical condition” is a medical condition which adversely affects or is reasonably likely to adversely affect the seafarer’s ability to carry out his or her duties, including the seafarer’s ability to undertake emergency duties;”

(b)in the definition of “medical practitioner”, after “means” insert “a person approved by the Secretary of State to issue medical fitness certificates who is”.

(3)In regulation 8 (application for medical fitness certificate), after paragraph (2) insert—“2A A person applying for a medical fitness certificate must disclose to the medical practitioner to whom the application is made—a all existing medical conditions from which the person suffers and of which the person is aware (if any); andb all medication which the person is taking (if any).2B Disclosure required by paragraph (2A) must be made with the application or as soon as reasonably practicable afterwards.”

(4)Omit regulation 12(4) (meaning of “medical condition”).

(5)After regulation 20 insert—“21 1 The Secretary of State must from time to time—a carry out a review of the regulatory provision contained in these Regulations; andb publish a report setting out the conclusions of the review.2 The first report must be published before the end of 5th April 2023.3 Subsequent reports must be published at intervals not exceeding 5 years.4 Section 30(3) of the Small Business, Enterprise and Employment Act 2015 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how Regulation 1.2 and Standard A1.2 of the Maritime Labour Convention, 2006 are implemented in other ratifying States.5 Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—a set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);b assess the extent to which those objectives are achieved;c assess whether those objectives remain appropriate; andd if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous provision.6 In this regulation, “regulatory provision” has the same meaning as in section 28 to 32 of the Small Business, Enterprise and Employment Act 2015.”

4Amendment of the Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013#

(1)The Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013 are amended as follows.

(2)In regulation 2(1) (interpretation), in the definition of “pleasure vessel”—

(a)in paragraph (a), for sub-paragraph (i) substitute—“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; orbb 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”

(b)in the words after paragraph (b), for “paragraphs” substitute “paragraph”.

5Amendment of the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014#

(1)The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014 are amended as follows.

(2)In regulation 2(1) (interpretation), in the definition of “pleasure vessel”—

(b)in the words after paragraph (b), for “paragraphs” substitute “paragraph”.

(3)In regulation 30 (application of certain regulations to older ships)—

(a)before paragraph (1) insert—“A1 A ship the keel of which was laid or which was at a similar stage of construction before 1st July 1979—a as respects crew accommodation which has not been substantially reconstructed or altered on or after that date, must comply with the requirements set out in Schedule 6 to the Merchant Shipping (Crew Accommodation) Regulations 1978 as if those Regulations had not been revoked;b as respects crew accommodation which has been substantially reconstructed or altered on or after that date but before 11th July 1997, must comply with the requirements set out in Part 1 of the Merchant Shipping (Crew Accommodation) Regulations 1978, as if they had not been revoked;c as respects crew accommodation which has been substantially reconstructed or altered on or after 11th July 1997 but before 7th August 2014, must comply with the requirements set out in the Merchant Shipping (Crew Accommodation) Regulations 1997.”

(b)in paragraph (1)—

(i)in the words before sub-paragraph (a), after “construction” insert “on or after 1st July 1979 but”;

(ii)in sub-paragraph (a), for “Schedule 6 to” substitute “Part 1 of”;

(iii)in sub-paragraph (b), for “the date on which these Regulations come into force” substitute “7th August 2014”;

(c)in paragraph (2), for “the date on which these Regulations come into force”, in both places where it occurs, substitute “7th August 2014”;

(d)in paragraph (4), for “paragraphs” substitute “paragraph (A1),”.

(4)In regulation 50 (shipowner’s liability for wages following sickness or injury to seafarer)—

(a)in paragraph (4)—

(i)in the words before sub-paragraph (a), omit “Subject to paragraphs (5) to (7)”;

(ii)in sub-paragraph (a), for “that period” substitute “the period of incapacity”;

(iii)in sub-paragraph (b), for the words beginning with “that period” where they first occur, to the end, substitute “the period of incapacity”;

(b)for paragraph (5) substitute—“5 “Period of incapacity” means—a where the seafarer’s seafarer employment agreement does not specify a date on which the agreement is to terminate, the shorter of the following—i the period of 16 weeks beginning with the day (“the start day”) after the date of injury or the first day of sickness referred to in paragraph (1);ii the period beginning with the start day and ending with the date that the seafarer is again fit for work; andiii the period beginning with the start day and ending with the date that the agreement terminates;b where the seafarer’s seafarer employment agreement does specify a date on which the agreement is to terminate, the shorter of the following—i the period specified in paragraph (a)(i);ii the period specified in paragraph (a)(ii);iii the period specified in paragraph (a)(iii); andiv the period beginning with the start day and ending with the termination date specified in the agreement.”

(c)in paragraphs (7) and (8), for “referred to in paragraph (5)” substitute “of incapacity”;

(d)in paragraph (11), for “This regulation does” substitute “Paragraphs (1) to (10) of this regulation do”;

(e)after paragraph (11), insert—“12 A collective bargaining agreement may exclude or limit the operation of paragraphs (4) to (9) if it complies with paragraph (13).13 A collective bargaining agreement complies with this paragraph if it requires the person responsible under the agreement for paying seafarers to pay incapacitated seafarers the relevant amount for the period of incapacity.14 In paragraph (13)—• “incapacitated seafarer” means a seafarer party to the collective bargaining agreement who would otherwise receive a payment by virtue of paragraph (4);• “relevant amount” in relation to a period of incapacity means the whole or a specified percentage of the basic wages that would have been payable under the incapacitated seafarer’s seafarer employment agreement if —(a) the seafarer had remained fit for work; and(b) (where the agreement would otherwise have terminated during the period that the seafarer was not fit for work) the agreement had continued on the same terms throughout that period.15 The purported termination by any person of a seafarer’s seafarer employment agreement is to have no effect if it is solely or mainly for the purpose of avoiding liability to make any payment under this regulation.”

6Amendment of the Merchant Shipping (Maritime Labour Convention) (Recruitment and Placement) Regulations 2014#

(1)The Merchant Shipping (Maritime Labour Convention) (Recruitment and Placement) Regulations 2014 are amended as follows.

(2)In regulation 2(1) (interpretation), in the definition of “pleasure vessel”—

(b)in the words after paragraph (b), for “paragraphs” substitute “paragraph”.

7Amendment of the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018#

(1)The Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 are amended as follows.

(2)In regulation 2(1), in the definition of “pleasure vessel”, in paragraph (a)(i)(bb), for “family and friends” substitute “family or friends”.

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 4

Show every defined term

incapacitated seafarer
means a seafarer party to the collective bargaining agreement who would otherwise receive a payment by virtue of paragraph (4);
medical condition
includes both injury and illness, and a “significant medical condition” is a medical condition which adversely affects or is reasonably likely to adversely affect the seafarer’s ability to carry out his or her duties, including the seafarer’s ability to undertake emergency duties;”
Period of incapacity
means— a where the seafarer’s seafarer employment agreement does not specify a date on which the agreement is to terminate, the shorter of the following— i the period of 16 weeks beginning with the day (“the start day”) after the date of injury or the first day of sickness referred to in paragraph (1);
regulatory provision
has the same meaning as in section 28 to 32 of the Small Business, Enterprise and Employment Act 2015.”

The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018

1Citation and commencement#

2Amendment of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998#

3Amendment of the Merchant Shipping (Maritime Labour Convention) (Medical Certification) Regulations 2010#

4Amendment of the Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013#

5Amendment of the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014#

6Amendment of the Merchant Shipping (Maritime Labour Convention) (Recruitment and Placement) Regulations 2014#

7Amendment of the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018#

Connections

Defined terms · 4

History · 2 versions

Key facts

1Citation and commencement#

2Amendment of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998#

3Amendment of the Merchant Shipping (Maritime Labour Convention) (Medical Certification) Regulations 2010#

4Amendment of the Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013#

5Amendment of the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014#

6Amendment of the Merchant Shipping (Maritime Labour Convention) (Recruitment and Placement) Regulations 2014#

7Amendment of the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018#