Explanatory note

These Regulations amend the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014 (S.I. 2014/1613, “the Minimum Requirements Regulations”) to implement the amendments of 2018 to the Maritime Labour Convention 2006. The amendments of 2018 were approved by the 107th session of the International Labour Conference on 5th June 2018.

These Regulations further amend the Merchant Shipping (Work in Fishing Convention) Regulations 2018 (S.I. 2018/1106), the Merchant Shipping (Work in Fishing Convention) (Survey and Certification) Regulations 2018 (S.I. 2018/1107) and the Merchant Shipping (Work in Fishing Convention) (Medical Certification) Regulations 2018 (S.I. 2018/1108), as set out below.

Regulation 2 inserts regulation 11A into the Minimum Requirements Regulations. Regulation 11A(2) provides that where a seafarer’s seafarer employment agreement would otherwise terminate during a period where the seafarer is held captive as a result of armed robbery or piracy against a ship, that agreement continues in force until the date on which the seafarer is repatriated or, if earlier, the date of the seafarer’s death.

Further, the inserted regulation 11A(4) provides that the seafarer’s wages and other remuneration as well as any wages allotted to another person must continue to be paid while the seafarer is held captive and any term of any agreement is void to the extent that it purports to reduce, vary or stop any such payment.

Additionally, regulation 21(c) of the Minimum Requirements is amended to provide that while a seafarer is held captive as a result of piracy or armed robbery against a ship, the shipowner’s duty to repatriate the seafarer cannot end on the basis of the shipowner being unable to contact the seafarer for three months or more.

Regulation 3 amends the Merchant Shipping (Work in Fishing Convention) Regulations 2018.

Regulation 3(2) makes it a criminal offence for a fishing vessel owner to fail to comply with their duty to make provision for medical treatment.

Regulation 3(3) makes provision in that instrument to allow fishing vessels which do not comply with the Regulations and where conditions on board are hazardous to the safety, health or security of fishermen to be detained. In addition, fishing vessels may be detained to allow the Secretary of State to recover costs associated with repatriating fishermen where the fishing vessel owner fails to do so.

Regulation 4 amends the Merchant Shipping (Work in Fishing Convention) (Survey and Certification) Regulations 2018.

Regulation 4(2) corrects regulation 4(3) of those Regulations to provide that fishing vessels not subject to surveys leading to Work in Fishing Convention Certificates are subject to surveys as set out in Merchant Shipping Notice 1885 (F). Further, it clarifies the language in regulation 4(2) of those Regulations.

Regulation 4(3) creates a criminal offence in relation to fishing vessels not required to hold a Work in Fishing Certificate. The failure of such a vessel to present itself for a survey in accordance with Merchant Shipping Notice 1885(F) is an offence for the owner of the vessel and the skipper of the vessel.

Regulation 5 amends the Merchant Shipping (Work in Fishing Convention) (Medical Certification) Regulations 2018.

The amendments of 2018 may be downloaded from the website of the International Labour Organisation using the following internet address: https://ilo.org/dyn/normlex/en/f?p=1000:51:::NO:51:P51_CONTENT_REPOSITORY_ID:3952969 and copies of the Maritime Labour Convention may be obtained as a priced publication from www.tsoshop.co.uk, by post via 18 Central Avenue, St Andrew’s Business Park, Norwich, NR7 0HR, tel: 0333 202 5070 or inspected free of charge at the following address Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton, SO15 1EG.

A hard copy of the United Nations Convention on the Law of the Sea is available free of charge but by appointment at the Parliamentary Archives, Houses of Parliament, London SW1A 0PW (catalogue number HL/PO/JO/10/11/3186/287). An electronic copy can be found at https://treaties.fco.gov.uk/awweb/pdfopener?md=1&did=69421 .

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. An Explanatory Memorandum is published alongside this instrument at www.legislation.gov.uk .