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Regulation 53N Abandonment securityF1

(1)

“Abandonment security” means a contract of insurance or other form of security relating to a ship that—

(a)

provides financial assurance of an amount which the shipowner reasonably considers adequate to cover the items in paragraph (2)(a) to (d) for any seafarer who is abandoned in relation to the ship; and

(b)

provides that any seafarer who is abandoned in relation to the ship is entitled to—

(i)

make an abandonment claim; and

(ii)

receive financial assistance in respect of the items in paragraph (2)(a) to (d).

(2)

The items referred to in paragraph (1)(a) and (b)(ii) are—

(a)

up to four months’ unpaid wages relating to work undertaken by the seafarer before the end of the relevant period;

(b)

the cost during the relevant period of—

(i)

adequate food;

(ii)

drinking water supplies;

(iii)

clothing, where necessary;

(iv)

accommodation;

(v)

essential fuel for survival on board the ship;

(vi)

necessary medical care;

(c)

the cost of repatriation, including—

(i)

the cost of appropriate travel arrangements and any related costs of passage, but this may be limited to travel or passage that is completed before the seafarer ceases to be abandoned; and

(ii)

the cost of transport of the seafarer’s personal effects; and

(d)

all other expenses reasonably incurred by the seafarer before the end of the relevant period as a result of being abandoned.

(3)

In this regulation—

  • “abandonment claim” is a claim for financial assistance that—

    1. (a)

      is submitted directly to the abandonment security provider by—

      1. (i)

        an abandoned seafarer; or

      2. (ii)

        a person authorised by the seafarer to act on the seafarer’s behalf; and

    2. (b)

      is supported by evidence showing that the seafarer is abandoned;

  • “relevant period” has the meaning given in regulation 53L(3).

Annotations

Textual amendments

F1

Pt. 10B inserted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, 2(7)