(1) The hours when a non-qualifying seafarer is travelling for the purposes of unmeasured work, where the non-qualifying seafarer would otherwise be working, are to be treated as hours of unmeasured work unless the travelling is between—
(a) the non-qualifying seafarer’s home, or a place where the non-qualifying 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 non-qualifying seafarer would “otherwise be working” include—
(a) hours when the non-qualifying seafarer is travelling for the purpose of carrying out assignments to be carried out at different places between which the non-qualifying seafarer is obliged to travel, and which are not places occupied by the employer or operator;
(b) hours when the non-qualifying seafarer is travelling where it is uncertain whether the non-qualifying seafarer would otherwise be working because the non-qualifying 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 non-qualifying seafarer is absent from work are not treated as hours of unmeasured work, except as specified in regulations 38 to 40.
(2) The hours a non-qualifying seafarer spends taking part in industrial action are not hours of unmeasured work.
(3) The hours a non-qualifying seafarer spends taking a rest break are not hours of unmeasured work.
(4) A non-qualifying seafarer is not to be treated as taking a rest break during hours which, in accordance with regulation 40 (travelling treated as hours of unmeasured work), are treated as hours of unmeasured work.
(1) The maximum period that a seafarer may spend on board ships providing a relevant cross channel service is—
(a) 14 consecutive days if the seafarer is working during that period, or
(b) subject to paragraph (2), 21 consecutive days if the seafarer is undertaking training as well as or instead of working during that period.
(2) Where, pursuant to paragraph (1)(b), a seafarer spends more than 14 consecutive days on board ships providing a relevant cross channel service, no more than 14 of those days may be spent working.
(3) For the purposes of this regulation—
(a) a seafarer works on a day if the seafarer spends any part of that day working;
(b) any period of less than a day when the seafarer is not on board a ship referred to in this regulation is to be disregarded.
(4) For the purposes of this Part, “training” means undertaking tasks, for the purpose of training, under the supervision of another seafarer.
43 Longer periods permitted in certain circumstances
The maximum periods referred to in regulation 42 may be exceeded to the extent that this is necessitated by circumstances—
(a) which are beyond the control of the operator of the relevant cross channel service, and
(b) the consequences of which could not reasonably have been avoided by the operator.
(1) Immediately following a period spent working, or undertaking training, or a combination of both, on board ships providing a relevant cross channel service, a seafarer must be provided with a rest period.
(2) The duration of the rest period must be a number of days which is not less than the number of days that the seafarer spent on board the ships referred to in paragraph (1) immediately prior to the start of the rest period.
(3) In determining the number of days that the seafarer spent on board the ships referred to in paragraph (1), any period of less than a day when the seafarer was not on board such a ship is to be disregarded.
(4) During a rest period, the seafarer must not be required by their employer or by the operator of the relevant cross channel service referred to in paragraph (1) to be—
(a) working or available for work;
(b) on board a ship.
(1) A harbour authority which is required to request—
(a) a remuneration declaration;
(b) a safe working declaration,
must do so within the period of 28 days beginning with the day specified in paragraph (2).
(2) For the purposes of paragraph (1), the day specified is whichever is the later of—
(a) the day on which the harbour authority has reasonable grounds to believe that ships providing a relevant cross channel service will enter, or have entered, its harbour on at least 120 occasions during a relevant year;
(b) the first day of the relevant year to which the request relates.
(3) A request for a remuneration declaration or a safe working declaration must include the date on which it is sent.
(4) An operator providing a declaration in response to a request by a harbour authority must provide that declaration—
(a) within the period of three months beginning with the date of the request from the harbour authority, and
(b) in the form specified in—
(i) Part 1 of Schedule 1 in the case of a remuneration declaration;
(ii) Part 2 of Schedule 1 in the case of a safe working declaration.
(1) A harbour authority which imposes a surcharge must send a surcharge notification to the operator of the service within the period of 14 days beginning with the day on which the duty to impose the surcharge arises.
(2) A surcharge 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 (3) applies, by sending the surcharge notification to the operator using email.
(3) 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 or under the 2024 Regulations.
(4) Where a surcharge 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.
(5) A surcharge notification must include—
(a) the amount of each surcharge to which the notification relates,
(b) the date on which the duty to impose each surcharge arose,
(c) how payment may be made to the harbour authority,
(d) the payment deadline, and
(e) the date on which the surcharge notification is sent.
(6) The harbour authority must send a copy of the surcharge notification to the Secretary of State within the period of 7 days beginning with the day on which the surcharge notification is given to the operator.
(7) The copy of the surcharge notification must be sent to the Secretary of State by email, to the email address specified for that purpose on the gov.uk website.
(8) In this regulation, “payment deadline” means the last day within the period specified in regulation 48 (period for payment of surcharges).
(1) A harbour authority which imposes a surcharge in relation to a remuneration declaration which has been requested or provided must impose the surcharge according to the tariff prescribed in paragraph 1 of Schedule 2.
(2) A harbour authority which imposes a surcharge in relation to a safe working declaration which has been requested or provided must impose the surcharge according to the tariff prescribed in paragraph 2 of Schedule 2.
An operator must pay each surcharge to which the surcharge notification relates within the period of 60 days beginning with the day after the day on which the surcharge notification was given.
(1) The Secretary of State must publish on the gov.uk website the information in paragraph (2).
(2) For each surcharge which is notified to the Secretary of State the information referred to in paragraph (1) is—
(a) the amount of the surcharge,
(b) the date on which the duty to impose the surcharge arose,
(c) the harbour authority which imposed the surcharge, and
(d) the operator of the service on which it was imposed.
(3) The information must be published within a reasonable time after it is notified to the Secretary of State.
(1) Paragraph (2) applies to an objection by an operator who is an interested party and on whom a surcharge has been imposed.
(2) An objection under this paragraph must be received by the Secretary of State within the period of 28 days beginning with the day on which the operator receives the surcharge notification.
(3) Paragraph (4) applies to an objection to a surcharge by an interested party other than the operator on whom the surcharge has been imposed.
(4) An objection under this paragraph must be received by the Secretary of State within the period of 28 days beginning with the day on which information about the surcharge is published by the Secretary of State pursuant to regulation 49 (publication of surcharges).
(5) The Secretary of State may extend the time limits in this regulation if satisfied that there are good reasons for doing so.
51 Notification of non-payment of surcharge to the Secretary of State
(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 sent 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 46(5)(c) (notification of the imposition of a surcharge).
(2) The harbour authority must send a notification containing the information in paragraph (4) to the Secretary of State within the period of 5 days beginning with the day 50 days after the day on which the surcharge notification was given.
(3) A notification under this regulation must be sent by email, to the email address specified for that purpose on the gov.uk website.
(4) A notification must include—
(a) the name of the operator to whom the surcharge notification has been given;
(b) the date and time from which ships providing the service to which the surcharge relates are to be refused access to the harbour until the surcharge is paid.
(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 46(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 or under the 2024 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).
53 Application of the Seafarers (Wages and Working Conditions) Act 2023
Chapter 2 of Part 2 of the Seafarers (Wages and Working Conditions) Act 2023 does not apply to a relevant service to which Part 2 of these Regulations applies.
(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) In this regulation, “regulatory provision” has the meaning given by section 32 of the Small Business, Enterprise and Employment Act 2015.
Regulation 45
Part 1 Remuneration declaration form
Name of operator:
Place outside of the United Kingdom that the service calls at:
A declaration is to be made pursuant to one only of section 4C(2) OR section 4C(3) OR section 4C(4) OR section 4C(5) of the Seafarers (Wages and Working Conditions) Act 2023 (“the Act”).
Section 4C(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 remunerated, in respect of their work in relation to the service, in accordance with Part 2 of the Seafarers (Wages and Working Conditions) Regulations 2026.
□ 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 4C(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 remunerated, in respect of their work in relation to the service, in accordance with Part 2 of the Seafarers (Wages and Working Conditions) Regulations 2026.
□ 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 4C(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 remunerated, in respect of their work in relation to the service, in accordance with Part 2 of the Seafarers (Wages and Working Conditions) Regulations 2026.
□ 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 remunerated, in respect of their work in relation to the service, in accordance with Part 2 of the Seafarers (Wages and Working Conditions) Regulations 2026.
□ 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 4C(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 remunerated, in respect of their work in relation to the service, in accordance with Part 2 of the Seafarers (Wages and Working Conditions) Regulations 2026.
□ 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 Act, 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:
Part 2 Safe working declaration form
Name of operator:
Place outside of the United Kingdom that the service calls at:
A declaration is to be made pursuant to one only of section 4G(2) OR section 4G(3) OR section 4G(4) OR section 4G(5) of the Seafarers (Wages and Working Conditions) Act 2023 (“the Act”).
Section 4G(2) Declaration
Period to which this declaration applies:
__ ____________ 20___ to __ ____________ 20___
Please tick to provide confirmation:
□ On behalf of the operator of the service, I declare that during the period to which this declaration applies, the service will be operated in compliance with Part 3 of the Seafarers (Wages and Working Conditions) Regulations 2026.
Section 4G(3) Declaration
Period to which this declaration applies:
__ ____________ 20___ to 20__
Please tick to provide confirmation:
□ On behalf of the operator of the service, I declare that during the period to which this declaration applies, the service will be operated in compliance with Part 3 of the Seafarers (Wages and Working Conditions) Regulations 2026.
Section 4G(4) Declaration
Period to which this part of this declaration applies:
__ ____________ 20___ to __ ____________ 20___
Please tick to provide confirmation:
□ On behalf of the operator of the service, I declare that during the period to which this declaration applies, the service was operated in compliance with Part 3 of the Seafarers (Wages and Working Conditions) Regulations 2026.
and
Period to which this part of this declaration applies:
__ ____________ 20___ to __ ____________ 20___
Please tick to provide confirmation:
□ On behalf of the operator of the service I declare that during the period to which this declaration applies, the service will be operated in compliance with Part 3 of the Seafarers (Wages and Working Conditions) Regulations 2026.
Section 4G(5) Declaration
Period to which this declaration applies:
__ ____________ 20___ to __ ____________ 20___
Please tick to provide confirmation:
□ On behalf of the operator of the service, I declare that during the period to which this declaration applies, the service was operated in compliance with Part 3 of the Seafarers (Wages and Working Conditions) Regulations 2026.
Note that, pursuant to section 5 of the Act, 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 47
1 For a surcharge falling within this paragraph, 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—
(a) in respect of a ship of Class A—
(i) 9p per tonne up to a maximum of 50,000 tonnes, plus
(ii) 1p per tonne in excess of 50,000 tonnes, and
(b) in respect of a ship of Class B—
(i) 18p per tonne up to a maximum of 50,000 tonnes, plus
(ii) 2p per tonne in excess of 50,000 tonnes.
2 For a surcharge falling within this paragraph, 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—
(a) in respect of a ship of Class A—
(i) 20p per tonne up to a maximum of 50,000 tonnes, plus
(ii) 1p per tonne in excess of 50,000 tonnes, and
(b) in respect of a ship of Class B—
(i) 40p per tonne up to a maximum of 50,000 tonnes, plus
(ii) 2p per tonne in excess of 50,000 tonnes.
3 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.