Regulation 3 Application

United Kingdom

(1)

Subject to paragraph (5) and regulations 37(1) and 44(2), the provisions specified in paragraph (2) apply to—

(a)

a sea-going United Kingdom ship wherever it may be; and

(b)

a sea-going ship which is not a United Kingdom ship, while that ship is in United Kingdom waters, if—

(i)

the MLC has not come into force for the State whose flag the ship is entitled to fly; or

(ii)

the MLC has come into force for the State whose flag the ship is entitled to fly, but the ship does not carry—

(aa)

a Maritime Labour Certificate to which a Declaration of Maritime Labour Compliance is attached; or

(bb)

an interim Maritime Labour Certificate.

(2)

The provisions referred to in paragraph (1) are as follows—

(a)

all of the provisions in Parts 2 to F110B, other than those referred to in sub-paragraph (4)(b); and

(b)

all of the provisions in Part 11, other than regulations 55 and 57.

(3)

Subject to paragraph (5) and regulation 46(4), the provisions specified in paragraph (4) apply to a sea-going ship which is not a United Kingdom ship, while that ship is in United Kingdom waters, if—

(a)

the MLC has come into force for the State whose flag the ship is entitled to fly; and

(b)

the ship carries—

(i)

a Maritime Labour Certificate to which a Declaration of Maritime Labour Compliance is attached; or

(ii)

an interim Maritime Labour Certificate.

(4)

The provisions referred to in paragraph (3) are as follows—

(a)

F2regulation 26 and all of the provisions in Parts 3 and 11 (other than regulation 54); and

(b)

the following provisions—

(i)

regulation 6;

(ii)

regulation 15;

(iii)

regulation 18;

(iv)

regulation 28;

(v)

regulation 33;

(vi)

regulation 41; F3...

(vii)

regulation 46;

F4(viii)

regulation 53B(1)(b); and

(ix)

regulation 53M(1)(b).

(5)

These Regulations do not apply to—

(a)

pleasure vessels;

(b)

fishing vessels;

(c)

ships of traditional build;

(d)

warships or naval auxiliaries; or

(e)

vessels which are not ordinarily engaged in commercial activities.

Annotations

Textual amendments

F1: Word in reg. 3(2)(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(3)(a)
F2: Words in reg. 3(4)(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(3)(b)
F3: Word in reg. 3(4)(b)(vi) omitted (12.7.2018) by virtue of The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, 2(3)(c)(i)
F4: Reg. 3(4)(b)(viii)(ix) inserted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, 2(3)(c)(ii)