Regulation 27 Secretary of State functions in the event of shipowner default
United Kingdom
The Secretary of State must make any provision which the shipowner of a United Kingdom ship is required to make under regulation 19 or 22 (repatriation and duty pending repatriation) (or secure that it is made) if—
the shipowner fails to make the required provision; and
the seafarer in relation to whom the shipowner has failed to make such provision is not entitled to receive financial assistance under an abandonment security.
The Secretary of State may make any provision which the shipowner of a United Kingdom ship is required to make under regulation 19 or 22 (or secure that it is made) if—
the shipowner fails to make the required provision; and
the seafarer in relation to whom the shipowner has failed to make such provision is entitled to receive financial assistance under an abandonment security.
Where the Secretary of State makes provision under paragraph (1) or (1A), the Secretary of State may recover costs incurred from the shipowner as a civil debt.
If a shipowner of a ship which is not a United Kingdom ship fails to make provision required under regulation 19 or 22, the Secretary of State may make the required provision (or secure that it is made) and may recover costs incurred from the shipowner as a civil debt.
Subject to paragraph (5), the costs which the Secretary of State may recover under paragraph F2(1B) and (2) include—
costs incurred by the Secretary of State in making the required provision (or securing that it is made); and
costs incurred by the Secretary of State in reimbursing another person (including a State which has made provision pursuant to paragraph 5 of Standard F3A2.5.1 (repatriation) of the MLC) for having made the required provision (or having secured its provision), whether or not the Secretary of State has requested or required them to do so.
Subject to paragraph (5), if a shipowner of a United Kingdom ship fails to make provision required under regulation 19 or 22 and the seafarer incurs costs in making the required provision or securing that it is made, the seafarer may recover such costs from the shipowner as a civil debt.
The costs incurred by the seafarer which are referred to in paragraph (4)—
may not be recovered by the seafarer under paragraph (4) if they have been recovered by the Secretary of State under paragraph F4(1B); and
may not be recovered by the Secretary of State under paragraph F5(1B) if they have been recovered by the seafarer under paragraph (4).
Annotations
Textual amendments
- F1
Reg. 27(1)-(1B) substituted for reg. 27(1) (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, 2(4)(a)
- F2
Word in reg. 27(3) substituted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, 2(4)(b)
- F3
Word in reg. 27(3)(b) substituted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, 2(4)(c)
- F4
Word in reg. 27(5)(a) substituted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, 2(4)(d)
- F5
Word in reg. 27(5)(b) substituted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, 2(4)(d)