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87 provisions
59A Further provision on penalties
(1) Offences under the provisions listed in paragraph (2) are punishable on summary conviction—
(a) in England and Wales, by a fine;
(b) in Scotland and Northern Ireland, by a fine not exceeding level 5 on the standard scale.
(2) The provisions referred to in paragraph (1) are—
(a) regulation 53J(3);
(b) regulation 53M(2);
(c) regulation 53S(3).
(3) Offences under the provisions listed in paragraph (4) are punishable—
(a) on summary conviction—
(i) in England and Wales, by a fine;
(ii) in Scotland or Northern Ireland, by a fine not exceeding the statutory maximum; or
(b) on conviction on indictment, by imprisonment for a term not exceeding two years or a fine, or both.
(4) The provisions referred to in paragraph (3) are—
(a) regulation 53B(2);
(b) regulation 53F.
In any proceedings for an offence under these Regulations (other than an offence under regulation 10(5)) it is a defence for the person charged to show that all reasonable steps had been taken by that person to ensure compliance with the provision concerned.
(1) The Secretary of State must from time to time—
(a) carry out a review of these Regulations;
(b) set out the conclusions of the review in a report; and
(c) publish the report.
(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the MLC is implemented in other member States.
(3) The report must in particular—
(a) set out the objectives intended to be achieved by these Regulations;
(b) assess the extent to which those objectives are achieved; and
(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
(4) The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.
(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.
SCHEDULE 1 Provision to be included in a Seafarer Employment Agreement
Regulation 10(1)
PART 1 Provision to be included in all agreements
1 The full name, birthplace and date of birth (or age at the time of entering into the agreement) of the seafarer.
2 The name and address of the shipowner.
3 The place where the agreement is entered into.
4 The date on which the agreement is entered into.
5 The capacity in which the seafarer is to work.
6 If the agreement has been made for a definite period, the termination date.
7 If the agreement has been made for an indefinite period, the period of notice of termination required and the circumstances in which such notice may be given.
8 If the agreement has been made for a particular voyage, the destination port and the period following arrival after which the agreement terminates.
9 The health and social security protection benefits to be provided to the seafarer under the agreement.
10 The maximum period of service on board following which the seafarer is entitled to repatriation (which must not exceed a period of 12 months less the number of days statutory paid leave to which the seafarer is entitled).
11 The seafarer's entitlement to repatriation (including the mode of transport and destination of repatriation).
12 The circumstances in which the seafarer is required to meet or reimburse the shipowner for the costs of repatriation.
13 The maximum sum which the shipowner will pay to the seafarer in respect of compensation for any loss of personal property arising from the loss or foundering of the ship.
14 Details of any collective bargaining agreement which is incorporated (in whole or in part) into the agreement or is otherwise relevant to it.
PART 2 Provision to be included where seafarer is an employee
1 The wages (either the amount or the formula to be used in determining them).
2 The manner in which wages must be paid, including payment dates (the first of which must be no more than one month after the date on which the agreement is entered into, with all subsequent dates being no more than one month apart) and the circumstances (if any) in which wages may or must be paid in a different currency.
3 The hours of work.
4 The paid leave (either the amount or the formula to be used in determining it).
5 Any pension arrangements, including any entitlement to participate in a pension scheme.
6 The grievance and disciplinary procedures.
PART 3 Provision to be included where seafarer is not an employee
1 The remuneration (either the amount or the formula to be used in determining it).
2 The manner in which the remuneration must be paid, including payment dates (the first of which must be no more than one month after the date on which the agreement is entered into, with all subsequent dates being no more than one month apart) and the circumstances (if any) in which the remuneration may or must be paid in a different currency.
SCHEDULE 2 Provision to be included in a written record of work on a ship
Regulation 12(6)
1 Name, port of registry, gross or register tonnage and official number of the ship.
2 Description of voyage.
3 Capacity in which seafarer worked on the ship.
4 Date on which seafarer started work on the ship.
5 Date and location of seafarer's discharge from the ship.
SCHEDULE 3 Information to be included in a shipowner’s security document
Regulation 53G
1. The information to be included in a shipowner’s security document is—
(a) the name of the ship to which the shipowner’s security relates;
(b) the port of registry of the ship;
(c) the call sign of the ship;
(d) the International Maritime Organisation number of the ship;
(e) the name and address of the shipowner’s security provider;
(f) the contact details of the point of contact at the shipowner’s security provider responsible for handling claims made by seafarers;
(g) the name of the shipowner, or of the registered owner if different from the shipowner;
(h) the period of validity of the shipowner’s security;
(i) a declaration from the shipowner’s security provider that the shipowner’s security meets the requirements of standard A4.2.1 of the MLC.
SCHEDULE 4 Information to be included in an abandonment security document
Regulation 53Q
1. The information to be included in an abandonment security document is—
(a) the name of the ship to which the abandonment security relates;
(b) the port of registry of the ship;
(c) the call sign of the ship;
(d) the International Maritime Organisation number of the ship;
(e) the name and address of the abandonment security provider;
(f) the contact details of the point of contact at the abandonment security provider responsible for handling seafarers’ abandonment claims;
(g) the name of the shipowner, or of the registered owner if different from the shipowner;
(h) the period of validity of the abandonment security;
(i) a declaration from the abandonment security provider that the abandonment security meets the requirements of standard A2.5.2 of the MLC.