Regulation 8 Amendment of the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003

For regulation 6 (maximum weekly working time), substitute—

“Maximum daily working time

6.

Subject to regulation 15A, an employer shall ensure that a worker’s working time shall not exceed 14 hours in any 24 hour period.

Maximum weekly working time

6A.

Subject to regulation 15A, an employer shall ensure that a worker’s working time shall not exceed 84 hours in any seven day period.

Maximum annual working time

6B.

(1)

Subject to paragraph (2), an employer shall ensure that a worker’s working time shall not exceed 2,304 hours within 12 months.

(2)

Where the duration of a worker’s employment relationship is less than 12 months, paragraph (1) shall not apply and a worker’s maximum working time shall be that proportion of 2,304 hours that the employment relationship bears to 12 months.

Maximum average weekly working time

6C.

(1)

A worker’s working time shall not exceed an average of 48 hours for any seven day period.

(2)

For the purposes of this regulation, a worker’s average working time for each seven days during the reference period shall be determined according to the following formula—

$$\begin{array}{l}\underset{¯}{\left(A+B\right)}\\ C\end{array}$$

where—

• A is the aggregate number of hours comprised in the worker’s working time during the course of the reference period;

• B is the aggregate number of hours comprised in the worker’s working time during the course of the period beginning immediately after the end of the reference period and ending when the number of days in that subsequent period on which the worker has worked equals the number of excluded days during the reference period; and

• C is the number of weeks in the reference period.

(3)

In paragraph (2), “excluded days” means—

(a)

days comprised in any period of annual leave taken by the worker in exercise of the worker’s entitlement under regulation 11 or 11A;

(b)

in so far as it is not comprised in any period of annual leave in accordance with sub-paragraph (a), any day which is a bank holiday in any part of the United Kingdom under the Banking and Financial Dealings Act 1971^f1;

(c)

days comprised in any period of sick leave taken by the worker; and

(d)

any period of maternity, paternity, adoption or parental leave taken by the worker.

Maximum average weekly working time where there are more working days than rest days

6D.

Subject to regulation 15A, where, according to the work schedule, there are more working days than rest days, an employer shall ensure that a worker’s average weekly working time shall not exceed 72 hours over a four month period.”.