The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014
S.I. 2014/1613 · Made 9 July 2014 · Extends to United Kingdom
Merchant Shipping
Made 9th July 2014
Laid before Parliament 15th July 2014
Coming into force 7th August 2014
M1M2M3The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the safety of ships and the health and safety of persons on them and in relation to measures relating to maritime transport .
M4The Secretary of State makes the following Regulations in exercise of the powers conferred by section 85(1)(a) and (b), (3) and (5) to (7) and section 86(1) and (2) of the Merchant Shipping Act 1995 and by section 2(2) of the European Communities Act 1972.
In accordance with section 86(4) of the Merchant Shipping Act 1995 the Secretary of State has consulted the persons referred to in that section.C1C2
Annotations to the whole text
Marginal citations
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1972 c.68. Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c.51) and by section 3 of, and Part I of the Schedule to, the European Union (Amendment) Act 2008 (c.7). The Maritime Labour Convention is regarded as one of the EU treaties within the meaning of section 1(2) of the European Communities Act 1972 by virtue of the European Communities (Definition of Treaties) (Maritime Labour Convention) Order 2009 (S.I. 2009/1757, as amended by S.I. 2011/1043).
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- M3
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1995 c. 21. Sections 85 and 86 were amended by section 8 of the Merchant Shipping and Maritime Security Act 1997 (c.28), and are applied to hovercraft by article 4 of the Hovercraft (Application of Enactments) Order 1989 (S.I. 1989/1350) (sections 85 and 86 re-enact sections 21 and 22 of the Merchant Shipping Act 1979 (c.39), to which that article refers). There are other amendments which are not relevant to these Regulations.
Modifications
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Regulations excluded by SI 1998/2771 Sch. 1 Table (as substituted (6.4.2016) by The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) (Amendment) Regulations 2016 (S.I. 2016/353), regs. 1(1), 3(1), Sch. 1)
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Regulations excluded by SI 1998/2771 Sch. 2 Table (as substituted (6.4.2016) by The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) (Amendment) Regulations 2016 (S.I. 2016/353), regs. 1(1), 3(2), Sch. 2)
Contents
- Part 1: General matters
- 1Citation and commencement
- 2Interpretation
- 3Application
- Part 2: Minimum age
- 4Seafarer to be of minimum age
- 5Young persons on night duty
- 6Part 2 requirements for non-United Kingdom ships with MLC documentation
- 7Meaning of “employer” etc.
- Part 3: Recruitment and placement
- 8Duty on shipowner in respect of recruitment and placement services
- Part 4: Seafarers' employment agreements
- 9Duty to enter into seafarer employment agreement
- 10Content of seafarer employment agreement
- 11Minimum notice period
- 11ASeafarer employment agreements: captive seafarers
- 12Documents
- 13Foreign language seafarer employment agreement
- 14Duty of master to produce seafarer employment agreement
- 15Part 4 requirements for non-United Kingdom ships with MLC documentation
- Part 5: Wages
- 16Late payment of wages etc.
- 17Account of seafarer's wages etc.
- 18Part 5 requirements for non-United Kingdom ships with MLC documentation
- Part 6: Repatriation
- 19Duty to repatriate seafarers
- 20Place for return.
- 21Scope of duty to repatriate
- 22Duty pending repatriation
- 23Prohibition on recovering costs from seafarer
- 24Seafarer property
- 25Duty to carry documents
- 26Financial security requirement applicable to all ships
- 27Secretary of State functions in the event of shipowner default
- 28Part 6 requirements for non-United Kingdom ships with MLC documentation
- Part 7: Crew accommodation
- 29Crew accommodation requirements
- 30Provision for certain older ships
- 31Exemptions
- 32Approvals to allow substantial equivalences
- 33Part 7 requirements for non-United Kingdom ships with MLC documentation
- Part 8: Food and catering
- 34Provision of food and drinking water
- 35Organisation and equipment of the catering department
- 36Inspection of food and catering facilities
- 37Requirement to carry a qualified ship's cook
- 38Certificate of competency as a ship's cook
- 39Recognition of existing certificates of competency
- 40Training requirements for catering staff and other persons processing food in the galley
- 41Part 8 requirements for non-United Kingdom ships with MLC documentation
- 42Interpretation of Part 8
- Part 9: Medical care
- 43Shipowner duty to make provision for seafarer medical and other expenses
- 44Duty to carry a medical practitioner on ship
- 45Right to medical attention
- 46Part 9 requirements for non-United Kingdom ships with MLC documentation
- 47Interpretation of Part 9
- Part 10: Shipowners' liability
- 48Shipowners' liability for seafarer unemployment and losses following loss or foundering of ship
- 49Financial security requirement applicable to all ships Repealed
- 50Shipowners' liability for wages following sickness or injury sustained by seafarer
- 51Property left behind by sick or injured seafarer
- 52Shipowners' liability in respect of burial or cremation of seafarer
- 53Interpretation of Part 10
- Part 10A: Security against shipowner’s liability for death or long term disability of seafarers
- 53AInterpretation of Part 10A
- 53BShipowner’s security requirement applicable to all ships
- 53CShipowner’s security
- 53DPayment of contractual compensation
- 53EInterim payments
- 53FOffence of undue pressure
- 53GDuty to carry and display shipowner’s security document
- 53HTermination of shipowner’s security on notice to the Secretary of State
- 53IDuty on shipowner’s security provider to notify the Secretary of State where a shipowner’s security has been terminated
- 53JDuty on shipowner to notify seafarers if shipowner’s security is to be terminated
- Part 10B: Security against the abandonment of seafarers
- 53KInterpretation of Part 10B
- 53LAbandonment
- 53MAbandonment security requirement applicable to all ships
- 53NAbandonment security
- 53OConsideration and payment of abandonment claims
- 53PSubrogation
- 53QDuty to carry and display an abandonment security document
- 53RTermination of abandonment security effective only where notice given
- 53SDuty on shipowner to notify seafarers if abandonment security is to be terminated
- Part 11: Inspection and detention of ships
- 54Inspection of United Kingdom ships and non-United Kingdom ships without MLC documentation
- 55Inspection of non-United Kingdom ships with MLC documentation
- 56Detention of ships
- 57Failure to repatriate - detention of non-United Kingdom ships with MLC documentation at request of foreign State
- 58Supplementary provisions as respects detention of ships
- Part 12: Offences and penalties
- 59Penalties
- 59AFurther provision on penalties
- 60Defence
- Part 13: Review
- 61Review
- Signature
- Schedule 1: Provision to be included in a Seafarer Employment Agreement
- Part 1: Provision to be included in all agreements
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Part 2: Provision to be included where seafarer is an employee
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Part 3: Provision to be included where seafarer is not an employee
- 1Paragraph 1
- 2Paragraph 2
- Schedule 2: Provision to be included in a written record of work on a ship
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Schedule 3: Information to be included in a shipowner’s security document
- 1Paragraph 1
- Schedule 4: Information to be included in an abandonment security document
- 1Paragraph 1
- Explanatory note