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64 provisions
40 Determining whether a seafarer works excess hours
(1) For the purposes of this regulation and regulations 38(8) and 42, a seafarer works excess hours if all of the following hours added together exceed the basic hours in a calculation year—
(a) hours worked which form part of the basic hours in the calculation year;
(b) hours when the seafarer was absent from work which form part of the basic hours in the calculation year;
(c) hours worked in the calculation year which do not form part of the basic hours in the calculation year in respect of which the seafarer had no entitlement under their contract to a payment other than annual salary or annual salary and a performance bonus or salary premium (or all three);
(d) hours treated as worked in accordance with regulation 41 to the extent that such hours consist of hours in respect of which the seafarer had no entitlement under their contract to a payment other than annual salary or annual salary and a performance bonus or salary premium (or all three).
(2) Hours during which the seafarer was taking part in industrial action are not to be included in sub-paragraphs (a) to (d).
(3) In this Chapter references to “excess hours” are to be construed in accordance with paragraphs (1) and (2).
41 Hours treated as worked for the purpose of determining whether a seafarer works excess hours
(1) The hours listed in paragraph (2) are treated as worked—
(a) for the purposes of regulation 40(1)(d) and accordingly for the purposes of determining whether the seafarer works excess hours; and
(b) for the purposes of determining the number of hours of salaried hours work in that year in accordance with regulation 42 where the seafarer works excess hours.
(2) The hours referred to in paragraph (1) are—
(a) hours a seafarer spends training when the seafarer would otherwise be working;
(b) hours a seafarer is available at or near a place of work for the purposes of working, unless the seafarer is at home;
(c) hours a seafarer spends travelling for the purposes of working, when the seafarer would otherwise be working, unless the travelling is between—
(i) the seafarer’s home, or a place where the seafarer is temporarily residing other than for the purposes of working, and
(ii) a place of work or a place where an assignment is carried out.
(3) In paragraph (2)(b), hours when a seafarer is available only includes hours when the seafarer is awake for the purposes of working, even if a seafarer is required to sleep at or near a place of work and the employer or operator provides suitable facilities for sleeping.
(4) In paragraph (2)(c), hours treated as hours when the seafarer would otherwise be working include—
(a) hours when the seafarer is travelling for the purpose of carrying out assignments to be carried out at different places between which the seafarer is obliged to travel, and which are not places occupied by the employer or operator;
(b) hours when the seafarer is travelling where it is uncertain whether the seafarer would otherwise be working because the seafarer’s hours of work vary either as to their length or in respect of the time at which they are performed.
42 Determining total hours of salaried hours work if a seafarer works excess hours
(1) Paragraph (2) applies to the first pay reference period in a calculation year during which—
(a) a seafarer has, during the calculation year to date, worked all of their basic hours for that calculation year, and
(b) begins to work excess hours.
(2) Where this paragraph applies, the total hours of salaried hours work in the pay reference period are calculated by adding together all of the following hours—
(a) the proportion of basic hours attributable to the part of the pay reference period starting before the day during which the seafarer worked excess hours;
(b) the proportion of basic hours attributable to the part of the pay reference period starting on the day during which the seafarer worked excess hours;
(c) the number of hours actually worked in the pay reference period starting on the day during which the seafarer worked excess hours;
(d) the number of hours treated as worked, in accordance with regulation 41, in the pay reference period starting on the day during which the seafarer worked excess hours.
(3) In paragraph (2)(a) and (b), each proportion of basic hours in the pay reference period is calculated using the formula—
(D/365) x H
where—
“D” means the number of days in the part of the pay reference period referred to in paragraph (2)(a) or (b);
“H” means the basic hours in the calculation year.
(4) Reductions from the basic hours in the calculation year for absences, in accordance with regulation 39 (absences from work), must only be made from the proportion of basic hours determined under paragraph (2)(a).
(5) For each pay reference period in the calculation year after the pay reference period referred to in paragraph (1), the total hours of salaried hours work are calculated by adding together all of the following hours—
(a) the number of hours of salaried hours work in the pay reference period determined in accordance with regulation 38(2) to (6) (determining hours of salaried hours work);
(b) the number of hours actually worked in the pay reference period;
(c) the number of hours treated as worked in the pay reference period in accordance with regulation 41.
(6) Regulation 39 (absences from work) does not apply to the calculation in paragraph (5)(a).
43 Total hours of salaried hours work if the employment terminates or contract is varied
(1) Where the employment terminates before the end of a calculation year the total hours of salaried hours work in the final pay reference period are calculated in accordance with the following paragraphs.
(2) Where the seafarer does not work excess hours, the total hours of salaried hours work in the final pay reference period are the sum of the following—
(a) the number of hours of salaried hours work in the pay reference period calculated in accordance with regulation 38(2) to (6) (determining hours of salaried hours work), and
(b) the number of hours (if any) by which A exceeds B where—
“A” is the number of hours determined in accordance with regulation 41, and
“B” is the total of the number of hours of salaried hours work determined in accordance with regulation 38(2) to (6) in respect of all pay reference periods (including the final pay reference period) since the beginning of the calculation year.
(3) Where the seafarer works excess hours, the total hours of salaried hours work in the final pay reference period are the sum of the following—
(a) the number of hours determined in accordance with regulation 42, and
(b) the number of hours of salaried hours work calculated in accordance with regulation 38(2) to (6) for the period beginning on the day following the last day of the final pay reference period and ending at the end of the calculation year as if—
(i) it was a single pay reference period (containing that number of days), and
(ii) the seafarer had remained employed until the end of the calculation year without any absences.
(4) If a contract for salaried hours work is varied with the effect that it is no longer a contract for salaried hours work, this regulation is to apply as if the employment of the seafarer had been terminated and the last day of the seafarer’s final pay reference period had fallen on the day before the day on which the variation took effect.
Time work is work, other than salaried hours work, in respect of which a seafarer is entitled under their contract to be paid by reference to the time worked by the seafarer.
45 Determining total hours of time work in a pay reference period
The total hours of time work in a pay reference period are the total number of hours of time work worked by the seafarer or treated under this Chapter as hours of time work in that period.
46 Time work where seafarer is available at or near a place of work
(1) Time work includes hours when a seafarer is available, and required to be available, at or near a place of work for the purposes of working unless the seafarer is at home.
(2) In paragraph (1), hours when a seafarer is “available” only includes hours when the seafarer is awake for the purposes of working, even if a seafarer by arrangement sleeps at or near a place of work and the employer or operator provides suitable facilities for sleeping.
(1) The hours when a seafarer is travelling for the purposes of time work, where the seafarer would otherwise be working, are treated as hours of time work unless the travelling is between—
(a) the seafarer’s home, or a place where the seafarer is temporarily residing other than for the purposes of working, and
(b) a place of work or a place where an assignment is carried out.
(2) In paragraph (1), hours treated as hours when the seafarer would “otherwise be working” include—
(a) hours when the seafarer is travelling for the purpose of carrying out assignments to be carried out at different places between which the seafarer is obliged to travel, and which are not places occupied by the employer or operator;
(b) hours when the seafarer is travelling where it is uncertain whether the seafarer would otherwise be working because the seafarer’s hours of work vary either as to their length or in respect of the time at which they are performed.
(1) The hours a seafarer is absent from work are not treated as hours of time work, except as specified in regulations 46 to 48.
(2) The hours a seafarer spends taking part in industrial action are not hours of time work.
(3) The hours a seafarer spends taking a rest break are not hours of time work.
(4) A seafarer is not to be treated as taking a rest break during hours which, in accordance with regulation 48 (travelling treated as hours of time work), are treated as hours of time work.
51 Determining total hours of unmeasured work in a pay reference period
The total hours of unmeasured work in a pay reference period are the total number of hours of unmeasured work worked or treated under this Chapter as hours of unmeasured work in that period.
52 Unmeasured work where seafarer is available at or near a place of work
(1) Unmeasured work includes hours when a seafarer is available, and required to be available, at or near a place of work for the purposes of working unless the seafarer is at home.
(2) In paragraph (1), hours when a seafarer is “available” only includes hours when the seafarer is awake for the purposes of working, even if a seafarer by arrangement sleeps at or near a place of work and the employer or operator provides suitable facilities for sleeping.
(1) The hours when a seafarer is travelling for the purposes of unmeasured work, where the seafarer would otherwise be working, are to be treated as hours of unmeasured work unless the travelling is between—
(a) the seafarer’s home, or a place where the seafarer is temporarily residing other than for the purposes of working, and
(b) a place of work or a place where an assignment is carried out.
(2) In paragraph (1), hours treated as hours when the seafarer would “otherwise be working” include—
(a) hours when the seafarer is travelling for the purpose of carrying out assignments to be carried out at different places between which the seafarer is obliged to travel, and which are not places occupied by the employer or operator;
(b) hours when the seafarer is travelling where it is uncertain whether the seafarer would otherwise be working because the seafarer’s hours of work vary either as to their length or in respect of the time at which they are performed.
(1) The hours a seafarer is absent from work are not treated as hours of unmeasured work, except as specified in regulations 52 to 54.
(2) The hours a seafarer spends taking part in industrial action are not hours of unmeasured work.
(3) The hours a seafarer spends taking a rest break are not hours of unmeasured work.
(4) A seafarer is not to be treated as taking a rest break during hours which, in accordance with regulation 54 (travelling treated as hours of unmeasured work), are treated as hours of unmeasured work.
56 Determining hours of UK work in a pay reference period
The hours of UK work in a pay reference period are the total number of hours of UK work in relation to a relevant service which are worked by the seafarer or treated under this Chapter as hours of UK work in that period.
57 Hours of UK work where seafarer is available at or near place of work
(1) Hours of UK work includes hours when a seafarer is available, and required to be available, at or near a place of work for the purposes of doing UK work unless the seafarer is at home.
(2) In paragraph (1), hours when a seafarer is “available” only includes hours when the seafarer is awake for the purposes of working, even if a seafarer by arrangement sleeps at or near a place of work and the employer or operator provides suitable facilities for sleeping.
(1) The hours when a seafarer is travelling for the purposes of UK work, where the seafarer would otherwise be doing UK work, are treated as hours of UK work unless the travelling is between—
(a) the seafarer’s home, or a place where the seafarer is temporarily residing other than for the purposes of working, and
(b) a place of work or a place where an assignment is carried out.
(2) In paragraph (1), hours treated as hours when the seafarer would “otherwise be doing UK work” include—
(a) hours when the seafarer is travelling for the purpose of carrying out assignments in respect of the relevant service to be carried out at different places between which the seafarer is obliged to travel, and which are not places occupied by the employer or operator;
(b) hours when the seafarer is travelling where it is uncertain whether the seafarer would otherwise be doing UK work because the seafarer’s hours of work vary either as to their length or in respect of the time at which they are performed.
(1) The hours a seafarer is absent from work are not treated as hours of UK work, except as specified in regulations 57 to 59.
(2) The hours a seafarer spends taking part in industrial action are not hours of UK work.
(3) The hours a seafarer spends taking a rest break are not hours of UK work.
(4) A seafarer is not to be treated as taking a rest break during hours which, in accordance with regulation 59 (travelling treated as hours of UK work), are treated as hours of UK work.
(1) The Secretary of State must from time to time—
(a) carry out a review of the regulatory provision contained in these Regulations, and
(b) publish a report setting out the conclusions of the review.
(2) The first report must be published before the end of the period of five years beginning with the date on which these Regulations come into force.
(3) Subsequent reports must be published at intervals not exceeding five years.
(4) 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 contained in these regulations,
(b) assess the extent to which those objectives are achieved,
(c) assess whether those objectives remain appropriate, and
(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.
(5) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).
Schedule 1 National Minimum Wage Equivalence Declaration Form
Regulation 5
Form [***]
Place outside of the United Kingdom that the service calls at:
A declaration is to be made pursuant to one only of section 4(2) OR section 4(3) OR section 4(4) OR section 4(5) of the Seafarers (Wages and Working Conditions) Act 2023 (“the Act”).
Section 4(2) Declaration
Period to which this declaration applies:
__ ____________ 20___ to __ ____________ 20___
Please tick the statement which applies:
□ On behalf of the operator of the service, I declare that during the period to which this declaration applies all non-qualifying seafarers, as defined in the Act, who will work on ships which will provide the service will be paid, in respect of their UK work in relation to the service, a rate equivalent to the UK national minimum wage in accordance with the Seafarers' Wages Regulations 2024.
□ On behalf of the operator of the service, I declare that during the period to which this declaration applies, there will be no non-qualifying seafarers, as defined in the Act, working on ships providing the service.
Section 4(3) Declaration
Period to which this declaration applies:
__ ____________ 20___ to 20__
Please tick the statement which applies:
□ On behalf of the operator of the service, I declare that during the period to which this declaration applies all non-qualifying seafarers, as defined in the Act, working on ships providing the service will be paid, in respect of their UK work in relation to the service, a rate equivalent to the UK national minimum wage in accordance with the Seafarers' Wages Regulations 2024.
□ On behalf of the operator of the service, I declare that during the period to which this declaration applies, there will be no non-qualifying seafarers, as defined in the Act, working on ships providing the service.
Section 4(4) Declaration
Period to which this part of this declaration applies:
__ ____________ 20___ to __ ____________ 20___
Please tick the statement which applies:
□ On behalf of the operator of the service, I declare that during the period to which this part of this declaration applies all non-qualifying seafarers, as defined in the Act, who worked on ships which provided the service were paid, in respect of their UK work in relation to the service, a rate equivalent to the UK national minimum wage in accordance with the Seafarers' Wages Regulations 2024.
□ On behalf of the operator of the service, I declare that during the period to which this part of this declaration applies, there were no non-qualifying seafarers, as defined in the Act, working on ships which provided the service
and
Period to which this part of this declaration applies:
__ ____________ 20___ to __ ____________ 20___
Please tick the statement which applies:
□ On behalf of the operator of the service, I declare that during the period to which this declaration applies all non-qualifying seafarers, as defined in the Act, working on ships providing the service will be paid, in respect of their UK work in relation to the service, a rate equivalent to the UK national minimum wage in accordance with the Seafarers' Wages Regulations 2024.
□ On behalf of the operator of the service, I declare that during the period to which this declaration applies, there will be no non-qualifying seafarers, as defined in the Act, working on ships providing the service.
Section 4(5) Declaration
Period to which this declaration applies:
__ ____________ 20___ to __ ____________ 20___
Please tick the statement which applies:
□ On behalf of the operator of the service, I declare that during the period to which this declaration applies all non-qualifying seafarers, as defined in the Act, who worked on ships which provided the service were paid, in respect of their UK work in relation to the service, a rate equivalent to the UK national minimum wage in accordance with the Seafarers’ Wages Regulations 2024.
□ On behalf of the operator of the service, I declare that during the period to which this declaration applies, there were no non-qualifying seafarers, as defined in the Act, working on ships which provided the service.
Note that, pursuant to section 5 of the Seafarers (Wages and Working Conditions) Act 2023, it may be a criminal offence to operate the service inconsistently with this declaration. It may also be a criminal offence to provide a false or misleading declaration in so far as it concerns the operation of the service before the declaration was provided.
Name of person making this declaration on behalf of the operator, and capacity in which they are making this declaration:
Signature:
Date:
Regulation 7
1 (1) The rate of surcharge to be imposed per entry to the harbour by a ship providing the service to which the surcharge relates is to be calculated according to the tonnage of the ship as follows—
(2) in respect of a ship of Class A—
(a) 5p per tonne up to a maximum of 50,000 tonnes; plus
(b) 1p per tonne in excess of 50,000 tonnes; and
(3) in respect of a ship of Class B—
(a) 10p per tonne up to a maximum of 50,000 tonnes; plus
(b) 2p per tonne in excess of 50,000 tonnes.
2 For purposes of this Schedule—
(a) a ship's tonnage shall be its gross tonnage assessed in accordance with the International Convention on Tonnage Measurement of Ships 1969 and entered on its International Tonnage Certificate (1969) or, if this certificate is not available for any reason, the ship's gross registered tonnage or, in the case of an unregistered ship or a ship measured only by length, the tonnage reckoned in accordance with the Thames Measurement adopted by Lloyds Register;
(b) a ship of Class A is a ship certified to carry 12 or fewer passengers;
(c) a ship of Class B is a ship certified to carry more than 12 passengers.