Solon does not know this law's official route yet. The proposal is recorded all the same, and the route appears here once its source is added.
87 provisions
39 Recognition of existing certificates of competency
(1) A certificate of competency—
(a) issued under the Merchant Shipping (Certification of Ships' Cooks) Regulations 1981 ;
(b) treated as equivalent under regulation 8 of those Regulations; or
(c) deemed under regulation 9 of those Regulations to be issued pursuant to section 43 of the Merchant Shipping Act 1970 ,
which is in force and not suspended on the date when these Regulations come into force, has effect as if it were a certificate of competency as a ship's cook issued under regulation 38 of these Regulations.
(2) A certificate to which paragraph (1) applies remains valid for a period of 5 years beginning on the date on which these Regulations come into force unless it is suspended or cancelled in accordance with section 62 of the Act.
40 Training requirements for catering staff and other persons processing food in the galley
(1) The shipowner must ensure that—
(a) every member of catering staff is properly trained or instructed for their position in accordance with the relevant requirements set out in Merchant Shipping Notice 1846(M); and
(b) any person processing food in the galley is properly trained or instructed in areas including food and personal hygiene and handling in accordance with the relevant requirements set out in Merchant Shipping Notice 1846(M).
(2) A breach of paragraph (1) is an offence by the shipowner.
41 Part 8 requirements for non-United Kingdom ships with MLC documentation
(1) A ship must not be operated unless it complies with paragraphs 1 and 2 of Regulation 3.2 (food and catering) of the MLC.
(2) A breach of paragraph (1) is an offence by the shipowner and the master of the ship.
(3) The master of a ship must comply with the requirements in paragraph 7 of Standard A3.2 of the MLC with regard to –
(a) frequent inspections; and
(b) the documenting of such inspections,
whether or not the State whose flag the ship is entitled to fly has imposed those requirements in its national laws or otherwise.
(4) A breach of paragraph (3) is an offence by the master of the ship.
(5) A ship must not be operated unless it meets the minimum standards set out in—
(a) sub-paragraph 2(b) of Standard A3.2 of the MLC; and
(b) sub-paragraph 2(c) of that Standard.
(6) A breach of paragraph (5)(a) is an offence by the shipowner and the master of the ship.
(7) A breach of paragraph (5)(b) is an offence by the shipowner.
(8) Subject to any dispensation issued by the State whose flag the ship is entitled to fly in accordance with paragraph 6 of standard A3.2 of the MLC, a shipowner must comply with the requirements in paragraphs 3 and 4 of Standard A3.2 of the MLC.
(9) A breach of paragraph (8) is an offence by the shipowner.
In this Part—
“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;
“eligible person” means a seafarer who—
is 18 years of age or over;
has completed training in accordance with the requirements in Merchant Shipping Notice 1846(M); and
has served for not less than one month at sea;
“qualified ship's cook” means a person who has been issued with a ship's cook certificate which has not expired or been cancelled and which is not suspended; and
“ship's cook certificate” means—
a certificate of competency as a ship's cook which has been issued under regulation 38;
a certificate which under regulation 39 has effect as if it were a certificate of competency as a ship's cook issued under regulation 38; or
a certificate which the Secretary of State has specified in Merchant Shipping Notice 1846(M) is equivalent to a certificate of competency as a ship's cook issued under regulation 38.
43 Shipowner duty to make provision for seafarer medical and other expenses
(1) This regulation applies in relation to a seafarer who suffers sickness or injury falling within paragraph (2).
(2) Sickness or injury falls within this paragraph if it—
(a) first occurs during a period—
(i) which starts on the date on which that seafarer's seafarer employment agreement commences and ends on the next date on which the shipowner's duty to make provision for the repatriation of that seafarer under regulation 19 ends under regulation 21; or
(ii) which starts after a period referred to in sub-paragraph (i) but is caused by circumstances or events arising during that period; and
(b) does not first occur during a period of leave, other than shore leave.
(3) Subject to paragraphs (5) and (6), the shipowner must—
(a) ensure that the seafarer is provided with medical care on board, so far as is practicable; and
(b) meet any expenses falling within paragraph (4) which are reasonably incurred in connection with the seafarer's sickness or injury.
(4) Expenses falling within this paragraph are—
(a) expenses of surgical, medical, dental or optical treatment (including the supply, repair or replacement of any appliance); and
(b) expenses for board and lodging.
(5) The duty to meet expenses referred to in paragraph (3)(b)—
(a) does not apply to expenses which are met by a public authority; and
(b) does not affect any duty on the shipowner under regulation 22 and does not apply in respect of any expenses met by the shipowner in accordance with that duty.
(6) Subject to paragraph (7), the duty to meet expenses referred to in paragraph (3)(b) is limited to expenses incurred during whichever of the following periods is the shorter—
(a) a period of 16 weeks beginning on the day on which the sickness or injury first occurs; or
(b) a period beginning on the day on which the sickness or injury first occurs and ending on the day on which a person authorised to issue seafarer medical certificates notifies the seafarer of a decision that—
(i) the seafarer is not fit to carry out the duties which that seafarer is required to carry out under the terms of that seafarer's seafarer employment agreement, and
(ii) the seafarer is unlikely to be fit to carry out duties of that nature in the future.
(7) If a person authorised to issue seafarer medical certificates has notified a seafarer of a decision in the terms described in paragraph (6)(b) and that or another such person subsequently notifies the seafarer that such a decision no longer applies in both or either respects, the duty to meet expenses referred to in paragraph (3)(b) is limited to expenses incurred during the period set out in paragraph (6)(a).
(8) The shipowner may recover from the seafarer as a civil debt any expenses it has met under the duty to meet expenses referred to in paragraph (3)(b) in connection with—
(a) injury suffered otherwise than in the service of the ship;
(b) injury or sickness arising from the wilful misconduct of the seafarer who is injured or sick; or
(c) injury or sickness intentionally concealed by the seafarer prior to entering into the seafarer employment agreement.
(9) If any expenses are incurred by a seafarer to which the duty in paragraph (3) applies, the seafarer may (other than in the circumstances referred to in sub-paragraphs (a) to (c) of paragraph (8)) recover those expenses from the shipowner as a civil debt.
(10) A breach of paragraph (3) is an offence by the shipowner.
(1) Subject to paragraph (2), a ship must not be operated unless a medical practitioner is carried on board the ship.
(2) This regulation does not apply to a ship unless—
(a) it has 100 or more persons on board; and
(b) it is engaged on an international voyage lasting more than 72 hours.
(3) A breach of paragraph (1) is an offence by the shipowner.
(1) When a ship is in a port of call, the shipowner must permit a seafarer to go ashore for medical attention of a kind which is not available on board the ship, where this is reasonably practicable.
(2) A breach of paragraph (1) is an offence by the shipowner.
46 Part 9 requirements for non-United Kingdom ships with MLC documentation
(1) A seafarer must—
(a) be given access to prompt and adequate medical care whilst working on board the ship at no cost to the seafarer; and
(b) be permitted to visit a qualified medical doctor or dentist without delay in ports of call, where practicable.
(2) A breach of paragraph (1) is an offence by the shipowner.
(3) Subject to paragraph (4), a ship must not be operated unless it carries a qualified medical doctor who is responsible for providing medical care.
(4) Paragraph (3) does not apply to a ship unless—
(a) it has 100 or more persons on board; and
(b) it is engaged on an international voyage lasting more than 72 hours.
(5) A breach of paragraph (3) is an offence by the shipowner.
(6) In paragraph (3), “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.
In this Part —
“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;
“fully registered person” and “licence to practise” have the meanings given in section 55(1) of the Medical Act 1983 ;
“medical practitioner” means—
in the case of a practitioner ordinarily resident in the United Kingdom, a fully registered person who—
holds a licence to practise; or
meets the criteria specified in Merchant Shipping Notice 1841(M), being criteria which the Secretary of State considers appropriate having regard to the evidence of continuing professional development which such a practitioner must demonstrate in order to obtain a licence to practise; or
in the case of a practitioner not ordinarily resident in the United Kingdom, a person who meets the criteria specified in Merchant Shipping Notice 1841(M), being criteria which the Secretary of State considers appropriate having regard to the qualifications and other credentials which must be demonstrated by a person falling within paragraph (a); and
“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.
48 Shipowners' liability for seafarer unemployment and losses following loss or foundering of ship
(1) This regulation applies in relation to a seafarer working on board a ship which founders or is lost.
(2) If the loss or foundering of the ship causes the seafarer to become unemployed, the shipowner must pay to the seafarer an amount equivalent to the wages which would otherwise have been payable under the seafarer employment agreement for every day on which the seafarer is unemployed in the two month period commencing on the day following the day on which the loss or foundering occurred.
(3) If the loss or foundering of the ship causes the seafarer to suffer injury or loss (other than the loss of wages referred to in paragraph (2)), the shipowner must pay compensation to the seafarer.
(4) In relation to loss other than personal injury or death, the duty in paragraph (3) is limited to the amount specified (if any) in the seafarer employment agreement.
(5) A seafarer may recover any sum due from the shipowner under paragraph (2) or (3) as a civil debt.
50 Shipowners' liability for wages following sickness or injury sustained by seafarer
(1) Subject to paragraph (11), this regulation applies in relation to a seafarer who suffers sickness or injury which—
(a) first occurs during a period—
(i) which starts on the date on which the seafarer's seafarer employment agreement commences and ends on the next date on which the shipowner's duty to make provision for the repatriation of that seafarer under regulation 19 ends under regulation 21; or
(ii) which starts after a period referred to in sub-paragraph (i) but is caused by circumstances or events arising during that period;
(b) does not first occur during a period of leave, other than shore leave; and
(c) results in the seafarer's incapacity for work.
(2) If a seafarer falling within paragraph (1)(a)(i) does not receive the wages payable under the seafarer employment agreement in respect of the period specified in paragraph (3), the shipowner must pay to the seafarer a sum equal to the difference between—
(a) any sums received by the seafarer in respect of wages for that period under that agreement; and
(b) the wages which would have been payable to the seafarer under that agreement if the seafarer had remained fit for work throughout that period, and (where the agreement would otherwise have terminated during that period) if the agreement had continued on the same terms throughout that period.
(3) The period referred to in paragraph (2) is a period—
(a) starting on the date of the injury or the first day of the sickness; and
(b) ending on the date on which the duty to repatriate the seafarer under regulation 19 ends under regulation 21 (or, if such a duty does not arise, the date on which the seafarer leaves the ship).
(4) ... If a seafarer falling within paragraph (1) is incapable of work after the date on which the duty to repatriate the seafarer under regulation 19 ends under regulation 21 (or if such a duty does not arise, the date on which the seafarer leaves the ship), and the seafarer does not receive the basic wages payable under the seafarer employment agreement for the period starting on that date and ending on the date on which the seafarer is again fit for work, the shipowner must pay to the seafarer a sum equal to the difference between—
(a) any sums received by the seafarer in respect of basic wages for the period of incapacity under that agreement; and
(b) the basic wages which would have been payable to the seafarer under that agreement if the seafarer had remained fit for work throughout the period of incapacity.
(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; and
(iii) 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); and
(iv) the period beginning with the start day and ending with the termination date specified in the agreement.
(6) The duty in paragraph (4) is conditional upon the seafarer applying for all relevant social security benefits payable in consequence of—
(a) the seafarer's incapacity for work; and
(b) the sickness or injury which resulted in the incapacity for work,
under the laws of the United Kingdom or the laws or arrangements in the country to which the seafarer is repatriated.
(7) If the seafarer receives social security benefits of the kind described in paragraph (6) in respect of the period of incapacity or any part of that period—
(a) the amount which the shipowner must pay to the seafarer under paragraph (4) is to be reduced by that amount; and
(b) the shipowner may recover as a civil debt any payments already made to the seafarer to the extent that they exceed such reduced amounts.
(8) The seafarer must on request provide information to the shipowner as to the amounts received by the seafarer in social security benefits during the period of incapacity.
(9) The sums payable to the seafarer under paragraphs (2) and (4) must be paid in the same manner and at the same frequency as wages are (or, as the case may be, were) payable under the seafarer employment agreement.
(10) The seafarer may recover any sum due from the shipowner under paragraph (2) or (4) as a civil debt.
(11) Paragraphs (1) to (10) of this regulation do not apply to a seafarer where—
(a) the injury referred to in paragraph (1) was sustained while the seafarer was not at work;
(b) the injury or sickness referred to in paragraph (1) was sustained or arose due to the seafarer's wilful misconduct; or
(c) the sickness or incapacity for work existed at the time when the seafarer entered the seafarer employment agreement, and the seafarer deliberately concealed the sickness or incapacity from the shipowner.
(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 —
the seafarer had remained fit for work; and
(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.
51 Property left behind by sick or injured seafarer
To the extent it would not otherwise apply, regulation 24(2), (4), (6) to (8), (10), (11) and (13) applies in respect of property left behind on board the ship by a seafarer falling within regulation 50(1).
52 Shipowners' liability in respect of burial or cremation of seafarer
(1) Subject to paragraph (2), if a seafarer dies while—
(a) on board a ship on which the seafarer works; or
(b) on shore leave in a country other than the seafarer's country of residence,
the shipowner must meet any expenses reasonably incurred in connection with the seafarer's burial or cremation.
(2) The duty in paragraph (1) does not apply to expenses which are met by a public authority.
(3) Where the seafarer's personal representatives incur costs in meeting expenses which should be met by the shipowner under paragraph (1), whether by incurring such costs directly or by reimbursing another person who has incurred those costs, those representatives may recover those costs from the shipowner as a civil debt.
In this Part—
“basic wages” means the pay, however composed, for the seafarer's normal hours of work excluding overtime, bonuses, allowances, paid leave and other remuneration; and
“wages” means the pay, however composed, for the seafarer's normal hours of work including overtime, allowances, paid leave and other remuneration (but excluding bonuses).
In this Part—
“shipowner’s security” has the meaning given in regulation 53C;
“shipowner’s security document” has the meaning given in regulation 53G(6).
53B Shipowner’s security requirement applicable to all ships
(1) A ship must not be operated unless—
(a) in the case of a ship in a category described in regulation 3(1)(a) or (b), a shipowner’s security is in force in relation to the ship; or
(b) in the case of a ship in the category described in regulation 3(3), financial security to assure compensation in the event of death or long term disability of seafarers arising from occupational illness, injury or hazard is provided in relation to the ship in accordance with paragraph 1 of Standard A4.2.1 of the MLC.
(2) A breach of paragraph (1) is an offence by the shipowner.
(1) “Shipowner’s security” means a contract of insurance or other form of security relating to a ship that satisfies the first and second conditions.
(2) The first condition is that the shipowner’s security must provide financial assurance of an amount which the shipowner reasonably considers adequate to ensure that the shipowner will be able to meet any liabilities that the shipowner may have, including liabilities under seafarer employment agreements, to provide compensation in the event of death or long term disability to seafarers arising from occupational injury, illness or hazard.
(3) The second condition is that the shipowner’s security must provide that a claim for compensation may be submitted directly to the shipowner’s security provider by—
(a) any relevant seafarer who sustains a long term disability arising from a relevant occupational injury, illness or hazard; and
(b) the personal representatives of any deceased relevant seafarer, the death of whom arose from a relevant occupational injury, illness or hazard.
(4) In this regulation—
“relevant occupational injury, illness or hazard” means an occupational injury, illness or hazard—
occurring during the period of validity of the shipowner’s security; and
in relation to which the shipowner is, or may be, liable to provide compensation to the seafarer or, as the case may be, the seafarer’s estate;
“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.
(1) This regulation applies where a claim for contractual compensation is submitted to a shipowner’s security provider.
(2) A shipowner’s security provider must pay the contractual compensation to the seafarer, or the seafarer’s personal representative, within 7 days beginning with the date on which it is established that the shipowner is liable for the contractual compensation either—
(a) by agreement between—
(i) the shipowner’s security provider; and
(ii) the seafarer or the seafarer’s personal representative; or
(b) by order of a court or tribunal which is not subject to appeal.
(3) A shipowner’s security provider who fails to comply with paragraph (2) must pay to the seafarer, or the seafarer’s personal representative, interest on the unpaid amount at the rate of 20% per year beginning with the date that the shipowner’s security provider became satisfied of the shipowner’s liability.
(4) In this regulation, “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.
(1) A seafarer is entitled to a payment (an “interim payment”) from a shipowner’s security provider if the following conditions are satisfied—
(a) the shipowner is liable to pay compensation to the seafarer due to the seafarer having sustained a long term disability arising from an occupational injury, illness or hazard;
(b) the occupational injury, illness or hazard occurred during the period of validity of the shipowner’s security;
(c) the shipowner’s security provides financial assurance in respect of the compensation mentioned in sub-paragraph (a);
(d) the full amount of compensation payable has not yet been determined; and
(e) the seafarer is suffering hardship.
(2) A seafarer entitled under paragraph (1) may make a request for an interim payment to the shipowner’s security provider.
(3) A request under paragraph (2) must be supported by evidence that the seafarer satisfies the conditions in paragraph (1).
(4) A shipowner’s security provider must within 14 days of receipt of the request from the seafarer determine whether the conditions in paragraph (1) are satisfied.
(5) If, in contravention of paragraph (4), a shipowner’s security provider does not determine whether the conditions in paragraph (1) are satisfied, it must make an interim payment within 21 days of the receipt of the request from the seafarer.
(6) Where a shipowner’s security provider determines that the conditions in paragraph (1) are satisfied, it must make the interim payment within 21 days of the receipt of the request from the seafarer.
(7) The minimum amount of an interim payment is—
(a) where an amount in respect of any part of the claim has been determined and payment of that amount would be sufficient to alleviate the seafarer’s hardship, the amount so determined; or
(b) where no amount in respect of any part of the claim has been determined, or the amount which has been determined is not sufficient to alleviate the seafarer’s hardship, the lower of—
(i) such amount as would alleviate the seafarer’s hardship; and
(ii) 75% of the likely total amount of compensation payable in respect of the claim as estimated by the shipowner’s security provider.
(8) Where, in contravention of paragraph (5) or (6), a shipowner’s security provider does not make an interim payment, the shipowner’s security provider must pay interest on the unpaid amount at a rate of 20% per year from the date of receipt of the request from the seafarer.
(9) A shipowner’s security provider who makes an interim payment may deduct the amount of the interim payment from the full amount of compensation payable in respect of the shipowner’s liability.
(10) A shipowner’s security provider who—
(a) has made an interim payment under paragraph (5); and
(b) subsequently determines that the conditions in paragraph (1) were not satisfied,
may recover as a civil debt the amount of the interim payment less any interest payable under paragraph (8).
(11) A shipowner’s security provider may recover as a civil debt any proportion of an interim payment which exceeds the full amount of compensation payable in respect of a claim.
A person is guilty of an offence if the person induces another to accept less than the full amount of compensation payable, as set out in a seafarer’s seafarer employment agreement, in respect of the death or long term disability of a seafarer arising from occupational injury, illness or hazard.
53G Duty to carry and display shipowner’s security document
(1) The shipowner must ensure that for each shipowner’s security in force in relation to the ship, a shipowner’s security document containing the information specified in Schedule 3 is carried on board.
(2) The shipowner must ensure that each shipowner’s security document that relates to the ship and is not in English, has with it an English translation.
(3) A breach of paragraph (1) or (2) is an offence by the shipowner.
(4) The shipowner and master of the ship must ensure that each shipowner’s security document that relates to the ship, together with any English translation, is displayed in a conspicuous place on board ship.
(5) A breach of paragraph (4) is an offence by the shipowner and the master of the ship.
(6) “Shipowner’s security document” means a certificate or other documentary evidence of a shipowner’s security issued by the shipowner’s security provider.
53H Termination of shipowner’s security on notice to the Secretary of State
(1) The termination by a shipowner’s security provider of a shipowner’s security before the end of its period of validity is effective only if the shipowner’s security provider gives at least 30 days’ prior notice to the Secretary of State.
(2) A notice under paragraph (1) must—
(a) be in writing; and
(b) include a copy of the shipowner’s security document.
53I Duty on shipowner’s security provider to notify the Secretary of State where a shipowner’s security has been terminated
(1) If a shipowner’s security provider terminates a shipowner’s security before the end of its period of validity, the shipowner’s security provider must give notice to that effect to the Secretary of State.
(2) A notice under paragraph (1) must—
(a) be in writing; and
(b) include a copy of the shipowner’s security document.
(3) Failure to give notice under paragraph (1) within the period of 30 days beginning with the date on which the shipowner’s security was terminated is an offence by the shipowner’s security provider.
53J Duty on shipowner to notify seafarers if shipowner’s security is to be terminated
(1) Where a shipowner becomes aware that any shipowner’s security that relates to the ship is to be, or has been, terminated before the end of its period of validity, the shipowner must give notice to that effect to all seafarers who work on the ship during the notification period.
(2) A notice under paragraph (1) must—
(a) be in writing;
(b) state the date on which the shipowner’s security is to be or was terminated; and
(c) be given as soon as reasonably practicable after the shipowner becomes aware that the shipowner’s security is to be or was terminated.
(3) A breach of paragraph (1) is an offence by the shipowner.
(4) In this regulation, the “notification period” means the period —
(a) beginning with the date on which the shipowner becomes aware that the shipowner’s security is to be, or has been, terminated before the end of its period of validity; and
(b) ending with the date that the shipowner becomes aware that the shipowner’s security has been replaced or reinstated.
In this Part—
“abandonment security” has the meaning given in regulation 53N(1);
“relevant period” has the meaning given in regulation 53L(3);
“wages” has the same meaning as in Part 10 (see regulation 53).
(1) A seafarer is “abandoned” in relation to a ship if the shipowner—
(a) fails to make the provision required under regulation 19 (duty to repatriate seafarers);
(b) having regard to the seafarer’s personal circumstances and requirements, leaves the seafarer without necessary maintenance and support, including leaving the seafarer without—
(i) adequate food;
(ii) drinking water supplies;
(iii) accommodation;
(iv) essential fuel for survival on board the ship; or
(v) necessary medical care; or
(c) otherwise unilaterally severs ties with the seafarer, including failing to pay any amount in respect of wages payable to the seafarer under the seafarer’s seafarer employment agreement for a period of at least two months.
(2) An abandoned seafarer ceases to be abandoned in relation to a ship if, after the end of the relevant period, the seafarer continues, resumes or takes up new employment on board the ship or is engaged on board the ship.
(3) The “relevant period” begins with the day on which the seafarer is abandoned and ends with the earliest of the following events—
(a) the seafarer’s arrival in or at—
(i) the seafarer’s country of residence;
(ii) the destination provided in the seafarer’s seafarer employment agreement as being that to which the seafarer should be returned in the event that the seafarer is repatriated; or
(iii) such place as the seafarer has agreed in advance with—
(aa) the abandonment security provider; or
(bb) any person who has made provision for the seafarer’s repatriation;
(b) the seafarer refusing unreasonably to be repatriated, or to co-operate with arrangements made for the seafarer’s repatriation;
(c) the expiry of a period of 3 months during which the abandonment security provider has used reasonable endeavours to contact the seafarer but has been unable to make such contact;
(d) the abandonment security provider receives written confirmation from the seafarer that financial assistance is no longer required;
(e) the death of the seafarer.
53M Abandonment security requirement applicable to all ships
(1) A ship must not be operated unless—
(a) in the case of a ship in a category described in regulation 3(1)(a) or (b), an abandonment security is in force in relation to the ship; or
(b) in the case of a ship in the category described in regulation 3(3), financial security is in place for the ship in accordance with paragraph 3 of standard A2.5.2 of the MLC (financial security for abandoned seafarers).
(2) A breach of paragraph (1) is an offence by the shipowner.
(1) “Abandonment security” means a contract of insurance or other form of security relating to a ship that—
(a) provides financial assurance of an amount which the shipowner reasonably considers adequate to cover the items in paragraph (2)(a) to (d) for any seafarer who is abandoned in relation to the ship; and
(b) provides that any seafarer who is abandoned in relation to the ship is entitled to—
(i) make an abandonment claim; and
(ii) receive financial assistance in respect of the items in paragraph (2)(a) to (d).
(2) The items referred to in paragraph (1)(a) and (b)(ii) are—
(a) up to four months’ unpaid wages relating to work undertaken by the seafarer before the end of the relevant period;
(b) the cost during the relevant period of—
(i) adequate food;
(ii) drinking water supplies;
(iii) clothing, where necessary;
(iv) accommodation;
(v) essential fuel for survival on board the ship;
(vi) necessary medical care;
(c) the cost of repatriation, including—
(i) the cost of appropriate travel arrangements and any related costs of passage, but this may be limited to travel or passage that is completed before the seafarer ceases to be abandoned; and
(ii) the cost of transport of the seafarer’s personal effects; and
(d) all other expenses reasonably incurred by the seafarer before the end of the relevant period as a result of being abandoned.
(3) In this regulation—
“abandonment claim” is a claim for financial assistance that—
is submitted directly to the abandonment security provider by—
an abandoned seafarer; or
a person authorised by the seafarer to act on the seafarer’s behalf; and
is supported by evidence showing that the seafarer is abandoned;
“relevant period” has the meaning given in regulation 53L(3).
53O Consideration and payment of abandonment claims
(1) This regulation applies where an abandonment claim is made.
(2) The abandonment security provider to whom the abandonment claim is made must within 7 days of receipt of the claim determine whether the seafarer is entitled to receive financial assistance.
(3) An abandonment security provider who determines that a seafarer is entitled to receive financial assistance, whether in relation to the whole or any part of an abandonment claim, must within 14 days of receipt of the claim provide such assistance, whether or not there are further parts of the claim yet to be determined.
(4) An abandonment security provider who in contravention of paragraph (2) fails to determine whether a seafarer is entitled to receive financial assistance in relation to the whole or part of an abandonment claim must within 14 days of receipt of the claim provide financial assistance in the amount claimed by the seafarer.
(5) Where, in contravention of paragraph (3) or (4) financial assistance is not provided, the abandonment security provider must pay interest on the unpaid amount at the rate of 20% per year from the date of receipt of the claim.
(6) An abandonment security provider who—
(a) has provided financial assistance to a seafarer under paragraph (3); and
(b) subsequently determines that the seafarer was not entitled to receive the financial assistance,
may recover as a civil debt the amount of the financial assistance less any interest payable under paragraph (5).
(7) In this regulation “abandonment claim” has the meaning given in regulation 53N(3).
(1) Paragraph (2) applies where an abandonment security provider provides financial assistance (“the sum provided”) to a seafarer under an abandonment security.
(2) Any rights which a seafarer has (or but for the payment of that sum would have had) against the shipowner as a result of being abandoned are, with respect to the sum provided, transferred to and vested in the abandonment security provider.
53Q Duty to carry and display an abandonment security document
(1) The shipowner must ensure that, for each abandonment security in force in relation to the ship, an abandonment security document containing the information specified in Schedule 4 is carried on board.
(2) The shipowner must ensure that each abandonment security document that relates to the ship and is not in English, has with it an English translation.
(3) A breach of paragraph (1) or (2) is an offence by the shipowner.
(4) The shipowner and the master of a ship must ensure that each abandonment security document that relates to the ship, together with any English translation, is displayed in a conspicuous place on board ship.
(5) A breach of paragraph (4) is an offence by the shipowner and the master of the ship.
(6) “Abandonment security document” means a certificate or other documentary evidence of abandonment security issued by the abandonment security provider.
53R Termination of abandonment security effective only where notice given
(1) The termination by an abandonment security provider of an abandonment security before the end of its period of validity is effective only if the abandonment security provider gives at least 30 days’ prior notice to the Secretary of State.
(2) A notice under paragraph (1) must—
(a) be in writing; and
(b) include a copy of the abandonment security document.
(3) “Abandonment security document” has the meaning given in regulation 53Q(6).
53S Duty on shipowner to notify seafarers if abandonment security is to be terminated
(1) Where the shipowner becomes aware that any abandonment security that relates to a ship is to be, or has been, terminated before the end of its period of validity, the shipowner must give notice to that effect to all seafarers who work on the ship during the notification period.
(2) A notice under paragraph (1) must—
(a) be in writing;
(b) state the date on which the abandonment security is to be or was terminated; and
(c) be given as soon as reasonably practicable after the shipowner becomes aware that the abandonment security is to be or was terminated.
(3) A breach of paragraph (1) is an offence by the shipowner.
(4) In this regulation, the “notification period” means the period —
(a) beginning with the date on which the shipowner becomes aware that the abandonment security is to be, or has been, terminated before the end of its period of validity; and
(b) ending with on the date that the shipowner becomes aware that the abandonment security has been replaced or reinstated.
54 Inspection of United Kingdom ships and non-United Kingdom ships without MLC documentation
(1) For the purpose of checking compliance with these Regulations, a relevant inspector (or, in the case of a United Kingdom ship, a proper officer) may at all reasonable times go on board a ship and inspect the ship, its equipment, any articles on it and any document carried on it.
(2) Section 258(1A), (3) and (5) of the Act (powers to inspect ships and their equipment, etc.) apply in relation to paragraph (1) as if references in those subsections to “subsection (1) above” and “this section” were references to paragraph (1).
(3) Sections 259(1), (2), (5), (7) and (9) to (12) and 260(1) and (2) of the Act (powers of inspectors in relation to premises and ships, and supplementary provisions) apply in relation to the inspection of a ship to which this regulation applies for the purpose of checking compliance with these Regulations as if—
(a) references in those sections to “this Act” were to these Regulations;
(b) for section 259(1)(b) there were substituted a reference to any ship to which this regulation applies;
(c) in section 259(2)(h)(iii) the words “or any instrument made under it” were omitted; and
(d) in section 259(5) the reference to “subsections (2) and (4) above for the purposes of Chapter II of Part VI” were to “subsection (2) above”, and the reference to “those subsections” were to “that subsection”.
(4) Any regulations made under section 259(8) or section 260(3) of the Act apply for the purposes of the provisions of those sections as applied by paragraphs (2) and (3) as they apply for the purposes of the Act.
(5) Sections 261 to 266 of the Act (improvement notices and prohibition notices) apply for the purposes of these Regulations as if the meaning of “the relevant statutory provisions” in section 261(4) included these Regulations.
55 Inspection of non-United Kingdom ships with MLC documentation
(1) A relevant inspector may—
(a) review a ship's Maritime Labour Certificate and Declaration of Maritime Labour Compliance or the ship's interim Maritime Labour Certificate; and
(b) where Standard A5.2.1 of the MLC (inspections in port) applies, carry out a more detailed inspection in accordance with that Standard.
(2) Where a relevant inspector has power to inspect a ship under paragraph (1)(b), regulation 54 applies to the relevant inspector as if—
(a) in paragraphs (1) and (3), for the words “checking compliance with these Regulations” there were substituted “ carrying out an inspection under regulation 55(1)(b) ”; and
(b) in paragraph (3), for the words “to which this regulation applies”, in both places where they appear, there were substituted “ to which regulation 55(1)(b) applies ”.
(1) Where a relevant inspector has clear grounds for believing that—
(a) a ship does not comply with these Regulations; and
(b) (i) the conditions on board are clearly hazardous to the safety, health or security of seafarers; 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 MLC (including the rights of seafarers referred to in Articles III and IV of the MLC which are secured by it),
that ship is liable to be detained.
(2) Where a relevant inspector has clear grounds for believing that—
(a) the shipowner has failed to make provision in connection with which the Secretary of State has incurred costs under regulation 27; and
(b) the Secretary of State has requested reimbursement of those costs but has not been reimbursed,
every ship which is owned by the shipowner is liable to be detained.
(3) Where a ship is detained under this regulation and all of the grounds for detention have ceased to apply, a person having power to detain the ship must, at the request of the shipowner or the master of the ship, immediately release the ship—
(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 ship is detained;
(b) if proceedings for an offence under these Regulations, having been instituted within that period, are concluded without the shipowner or master of the ship being convicted;
(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 shipowner or the master of the ship;
(d) where the shipowner or the master of the ship 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) 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 , 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) 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) if proceedings for such an offence, having been instituted within that period, are concluded without the shipowner or the master of the ship 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 shipowner or the master of the ship 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) first in payment of any costs or expenses ordered by the court to be paid by the shipowner or the master of the ship; and
(b) next in payment of any fine imposed by the court,
and any balance must be repaid to the first-mentioned person.
(6) Section 145 of the Act (interpretation of references in section 144 to the institution of proceedings or their conclusion without conviction) applies for the purposes of paragraphs (3) and (4) as if—
(a) references to the owner of a ship were to the shipowner under these Regulations; and
(b) references to an offence under section 131 were references to an offence under these Regulations.
57 Failure to repatriate - detention of non-United Kingdom ships with MLC documentation at request of foreign State
(1) Subject to paragraph (2), a ship is liable to be detained if the Secretary of State receives a request from the consul, diplomatic representative or appropriate maritime authorities of another State which has ratified the MLC that the ship be detained pursuant to paragraph 6 of Standard A2.5.1 of the MLC (power for States to detain or request detention of ships in connection with a shipowner defaulting in its duty to repatriate a seafarer).
(2) A ship may not be detained under this regulation unless the Secretary of State receives satisfactory evidence that—
(a) the State has incurred costs pursuant to paragraph 5 of Standard A2.5.1 (repatriation) of the MLC in connection with a failure of the shipowner to comply with its legal duties concerning repatriation; and
(b) a request for reimbursement has been made but those costs have not been reimbursed.
(3) Where a ship is detained under this regulation and the Secretary of State receives—
(a) satisfactory evidence that the costs referred to in paragraph (2) have been reimbursed; or
(b) a request from the consul, diplomatic representative or appropriate maritime authorities of the relevant State that the ship be released from detention,
a person having power to detain the ship must immediately release the ship.
58 Supplementary provisions as respects detention of ships
(1) The power under regulation 56 or regulation 57 to detain a ship may be exercised as regards a United Kingdom ship wherever it may be, but as regards a ship which is not a United Kingdom ship may only be exercised if the ship in question is—
(a) in a port or shipyard in the United Kingdom; or
(b) at an offshore terminal in United Kingdom waters.
(2) A person having powers to detain a ship may permit a ship which is liable to be detained under regulation 56 or regulation 57 to proceed to sea for the purpose of proceeding to the nearest appropriate repair yard available.
(3) Section 284 of the Act (enforcing detention of a ship) applies where a ship is liable to be detained under this regulation as if—
(a) references to the owner of a ship were to the shipowner under these Regulations;
(b) references to detention of a ship under the Act were references to detention of the ship in question under these Regulations; and
(c) subsection (7) were omitted.
(4) Where a ship is liable to be detained under regulation 56 or regulation 57, the person detaining the ship must serve on the master of the ship a detention notice which—
(a) states the grounds for the detention; and
(b) requires the terms of the notice to be complied with until the ship is released by any person mentioned in section 284(1) of the Act.
(5) Where a ship other than a United Kingdom ship is detained, the Secretary of State must immediately inform the consul or diplomatic representative of the State whose flag the ship is entitled to fly, or the appropriate maritime authorities of that State, and invite them to send a representative to attend the ship.
(1) Subject to paragraphs (2) to (5) and regulation 59A, offences under these Regulations are punishable on summary conviction by a fine not exceeding level 5 on the standard scale.
(2) Offences under the following provisions are punishable on summary conviction by a fine not exceeding level 4 on the standard scale—
(a) regulation 10(3) and (7);
(b) regulation 12(4);
(c) regulation 15(2), but only in relation to an offence consisting of a breach of regulation 15(1)(b);
(d) regulation 36(3);
(e) regulation 45(2); ...
(f) regulation 46(2);
(g) regulation 53G(3);
(h) regulation 53I(3); and
(i) regulation 53Q(3).
(3) Offences under the following provisions are punishable on summary conviction by a fine not exceeding level 3 on the standard scale—
(a) regulation 12(8);
(b) regulation 13(3);
(c) regulation 24(5), (9) and (12);
(d) regulation 25(3);
(e) regulation 28(4), but only in relation to an offence consisting of a breach of regulation 28(3)(b);
(f) regulation 29(5);
(g) regulation 33(5), but only in relation to an offence consisting of a breach of regulation 33(4)(a);
(h) regulation 36(5); ...
(i) regulation 41(4), but only in relation to an offence consisting of a breach of regulation 41(3)(b);
(j) regulation 53G(5); and
(k) regulation 53Q(5).
(4) Offences under the following provisions are punishable on summary conviction by a fine not exceeding level 2 on the standard scale—
(a) regulation 17(5);
(b) regulation 18(2);
(c) regulation 24(3);
(d) regulation 29(7); and
(e) regulation 33(5), but only in relation to an offence consisting of a breach of regulation 33(4)(b).
(5) Offences under the following provisions are punishable on summary conviction by a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or to a fine, or to both—
(a) regulation 29(3);
(b) regulation 30(4);
(c) regulation 31(3);
(d) regulation 32(4);
(e) regulation 33(3);
(f) regulation 37(8); and
(g) regulation 41(9). ...
(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .