Paragraph 10 Part 3 of the Act: seafarers’ working conditionsI1I2

After section 4D (inserted by paragraph 9 of this Schedule) insert—

“Part 3

Seafarers’ working conditions

Safe working regulations

Safe working regulations

4E

(1)

In this Part, “seafarer” means a person who works on a ship providing a relevant service.

(2)

Regulations may specify conditions relating to the working pattern and rest requirements of seafarers who carry out work relating to the provision of a relevant service, including conditions about—

(a)

their maximum periods of work in a specified period;

(b)

their minimum periods of rest in a specified period.

(3)

Regulations may make provision for the purpose of managing and mitigating risks arising from fatigue suffered by seafarers when carrying out their work relating to the provision of a relevant service.

(4)

Regulations under subsection (3) may, among other things—

(a)

require the operator of a relevant service to produce a plan to manage and mitigate risks arising from fatigue suffered by seafarers when carrying out their work relating to the provision of the service (a “fatigue management plan”);

(b)

make provision about the contents of such a plan by reference to a specified document as amended from time to time.

(5)

Regulations may make provision for and in connection with the training of seafarers who carry out work relating to the provision of a relevant service, for the purpose of ensuring—

(a)

the safety of the ship on which they work,

(b)

the safety of things on the ship, or

(c)

the health or safety of persons on the ship.

(6)

In this Act, regulations under subsection (2), (3) or (5) are referred to as “safe working regulations”.

(7)

Safe working regulations may impose requirements on the operator of a relevant service.

(8)

Safe working regulations may apply to—

(a)

all relevant services, or

(b)

one or more relevant services of a specified description.

(9)

For the purposes of subsection (8)(b), a service may be described by reference to (among other things) the route operated by the service.

Safe working declarations

Request for safe working declaration

4F

(1)

Subsection (2) applies where a harbour authority has reasonable grounds to believe that ships providing a service to which safe working regulations apply will enter, or have entered, its harbour on at least—

(a)

120 occasions, or

(b)

if safe working regulations specify a higher number in relation to services of a specified description and the service is of that description, that higher number of occasions,

during a relevant year (see section 19 for the meaning of “relevant year”).

(2)

The harbour authority must, within such period as is determined by regulations under this subsection, request that the operator of the service provide the authority with a safe working declaration in respect of the service for the relevant year.

(3)

The duty under subsection (2) is subject to any direction given by the Secretary of State under section 16(1)(a).

(4)

A harbour authority which fails to comply with subsection (2) is guilty of an offence and liable on summary conviction—

(a)

in England and Wales, to a fine, or

(b)

in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.

Nature of safe working declaration

4G

(1)

A safe working declaration in respect of a service for a relevant year is a declaration within any of subsections (2) to (5).

(2)

A declaration is within this subsection if it is provided before the beginning of the relevant year and it is to the effect that the safe working conditions will be met in relation to the service in the relevant year.

(3)

A declaration is within this subsection if it is provided during the relevant year and it is to the effect that the safe working conditions will be met in relation to the service in what remains of the relevant year.

(4)

A declaration is within this subsection if it is provided during the relevant year and it is to the effect that—

(a)

the safe working conditions have been met in relation to the service in so much of the relevant year as has already occurred, and

(b)

the safe working conditions will be met in relation to the service in what remains of the relevant year.

(5)

A declaration is within this subsection if it is provided after the end of the relevant year and it is to the effect that the safe working conditions were met in relation to the service in the relevant year.

(6)

For the purposes of this section the safe working conditions are met in relation to a service at a particular time if at that time—

(a)

the service is operated in compliance with regulations under section 4E(2) or (3) that apply to the service,

(b)

the service is operated in compliance with a fatigue management plan that is required for the service by regulations under section 4E(3) (see section 4E(4)), and

(c)

the service is operated in compliance with regulations under section 4E(5) that apply to the service.

(7)

References in subsection (6) to the operation of a service include references to its operation outside the territorial waters of the United Kingdom.”