The Seafarers’ Wages Regulations 2024
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Change 1
12 Notification of refusal of access
(1) Paragraph (2) applies where— (a) a surcharge has been imposed by a harbour authority, (b) a surcharge notification relating to the surcharge has been given to the operator of the service, and (c) the surcharge has not been paid in the manner required by the surcharge notification pursuant to regulation 6(5)(c) (notification of the imposition of a surcharge). (2) The harbour authority must send a refusal of access notification to the operator within the period of 5 days beginning with the day 45 days after the day on which the surcharge notification was given. (3) A refusal of access notification must be in writing and may be given— (a) by delivering or sending it to or leaving it at— (i) the operator’s registered office, (ii) the operator’s principal place of business, or (iii) another address specified by the operator as their address for service, or (b) where paragraph (4) applies, by sending the refusal of access notification to the operator using email. (4) This paragraph applies where an operator has notified the harbour authority of an email address at which the operator will accept notifications under these Regulations. (5) Where a refusal of access notification is to be given to an operator whose address cannot be ascertained after reasonable inquiry it may be given by handing it to the master of a ship operating the service. (6) A refusal of access notification must include— (a) the date of the relevant surcharge notification, (b) the amount of each surcharge in the relevant surcharge notification which has not been paid, and (c) the date and time from which ships providing the service to which the surcharges relate are to be refused access to the harbour until the surcharges are paid. (7) In this regulation, “relevant surcharge notification” means the surcharge notification referred to in paragraph (1)(b).
12 Notification of refusal of access
(1) Paragraph (2) applies where— (a) a surcharge has been imposed by a harbour authority, (b) a surcharge notification relating to the surcharge has been given to the operator of the service, and (c) the surcharge has not been paid in the manner required by the surcharge notification pursuant to regulation 6(5)(c) (notification of the imposition of a surcharge). (2) The harbour authority must send a refusal of access notification to the operator within the period of 5 days beginning with the day 45 days after the day on which the surcharge notification was given. (3) A refusal of access notification must be in writing and may be given— (a) by delivering or sending it to or leaving it at— (i) the operator’s registered office, (ii) the operator’s principal place of business, or (iii) another address specified by the operator as their address for service, or (b) where paragraph (4) applies, by sending the refusal of access notification to the operator using email. (4) This paragraph applies where an operator has notified the harbour authority of an email address at which the operator will accept notifications under these Regulations. (5) Where a refusal of access notification is to be given to an operator whose address cannot be ascertained after reasonable inquiry it may be given by handing it to the master of a ship operating the service. (6) A refusal of access notification must include— (a) the date of the relevant surcharge notification, (b) the amount of each surcharge in the relevant surcharge notification which has not been paid, and (c) the date and time from which ships providing the service to which the surcharges relate are to be refused access to the harbour until the surcharges are paid. (7) In this regulation, “relevant surcharge notification” means the surcharge notification referred to in paragraph (1)(b).
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