# The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014

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U.K.

Statutory Instruments

# 2014 No. 1613

Merchant Shipping

# The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014                     

Made

9th July 2014

Laid before Parliament

15th July 2014

Coming into force

7th August 2014

F1F2F3The 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 .                        

F4The 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.                        

F11972 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).

F2S.I. 1993/595.

F3S.I. 1994/757.

F41995 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 etc. (not altering text)

C1Regulations 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**)

C2Regulations 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**)

## **PART 1**U.K.General matters

### Citation and commencementU.K.

1.—(1) These Regulations may be cited as the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.)                     Regulations 2014.                  

(2) These Regulations come into force on 7th August 2014.

### InterpretationU.K.

2.—(1) In these Regulations—                  

“the Act” means the Merchant Shipping Act 1995 F5;                  

[F6“waters” has the same meaning as in the MLC;]                  

[F6“armed robbery against a ship" means any illegal act of violence or detention or any act or threat of depredation, other than an act of piracy, committed                        for private ends and directed against a ship or against persons or property on board such a ship, within a State’s internal                        waters, archipelagic waters or territorial sea, or any act of inciting or of intentionally facilitating such an act;]                   

“Declaration of Maritime Labour Compliance” means, in relation to a ship, the Part 1 and Part 2 documents drawn up and issued in accordance with the MLC, in the forms                     corresponding to the relevant models given in Appendix A5-II of the MLC and having the contents, duration and validity specified                     in Regulation 5.1.3 and Standard A5.1.3 of the MLC;                  

“employee” means an individual who is employed under a contract of employment;                  

“fishing vessel” has the meaning given in section 313(1) of the Act;                  

[F7“internal waters" has the same meaning as in the MLC;]                   

“Maritime Labour Certificate” and “interim Maritime Labour Certificate” mean, in relation to a ship, a certificate of that                     name issued in accordance with the MLC, in a form corresponding to the relevant model given in Appendix A5-II of the MLC and                     having the contents, duration and validity specified in Regulation 5.1.3 and Standard A5.1.3 of the MLC;                  

“the MCA” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;                  

“the MLC” means the Maritime Labour Convention, which was adopted on 23rd February 2006 by the General Conference of the International                     Labour Organization F8;                  

“Merchant Shipping Notice” means a notice described as such and issued by the MCA, and any reference to a particular Merchant Shipping Notice includes                     a reference to a Merchant Shipping Notice amending or replacing that Notice which is considered by the Secretary of State                     to be relevant from time to time;                  

[F9“personal representative”, in relation to a seafarer who has died, means—                  

a person responsible for administering the seafarer’s estate under the law of England and Wales, Scotland or Northern Ireland;                                 or                           

a person who, under the law of another country or territory, has functions equivalent to those of administering the seafarer’s                                 estate;]                            

[F10“piracy" has the same meaning as in Article 101 of the United Nations Convention on the Law of the Sea 1982;]                   

“pleasure vessel” means—                  

any vessel which at the time it is being used is—

[F11in the case of a vessel wholly owned by—                                    

an individual or individuals, used only for the sport or pleasure of the owner or the immediate family or friends of the owner;                                          or                                    

a body corporate, used only for sport or pleasure and on which the persons on board are employees or officers of the body                                          corporate, or their immediate family or friends; and]                                    

on a voyage or excursion which is one for which the owner does not receive money for or in connection with operating the vessel                                       or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during                                       the voyage or excursion; or                                    

any vessel wholly owned by or on behalf of a members' club formed for the purpose of sport or pleasure which, at the time                              it is being used, is used only for the sport or pleasure of members of that club or their immediate family, and for the use                              of which any charges levied are paid into club funds and applied for the general use of the club,                           

where, in the case of any vessel referred to in [F12paragraph] (a) or (b), no other payments are made by or on behalf of users of the vessel, other than by the owner; and in this definition                     “immediate family” means, in relation to an individual, the spouse or civil partner of the individual, and a relative of the individual or                     the individual's spouse or civil partner; and “relative” means brother, sister, ancestor or lineal descendant;                  

“proper officer” has the meaning given in section 313(1) of the Act;                  

“relevant inspector” means any of the persons mentioned in section 258(1) of the Act;                  

“seafarer” means any person, including the master of a ship, who is employed or engaged or works in any capacity on board a ship and                     whose normal place of work is on board a ship;                  

“seafarer employment agreement” means a written agreement between a seafarer and another person in respect of the seafarer's work on board a ship;                  

“sea-going” in relation to a United Kingdom ship means—                  

a ship which operates outside the waters specified as Category A, B, C and D waters in Merchant Shipping Notice 1837(M) F13;                           

a ship to which the Merchant Shipping (Survey and Certification) Regulations 1995 F14 apply and in respect of which no exemption granted under regulation 2(2) of those Regulations applies;                           

a ship to which regulation 4 of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998 F15 applies and which falls within the description given in paragraph (3) of that regulation; or                           

a high speed craft in respect of which a permit to operate outside waters of Categories A, B, C or D has been issued in accordance                              with regulation 8 of the Merchant Shipping (High Speed Craft) Regulations 2004 F16;                           

“ship” includes hovercraft;                  

“shipowner” means—                  

in relation to a ship which has a valid Maritime Labour Certificate or interim Maritime Labour Certificate, the person identified                              as the shipowner on that Certificate;                           

in relation to any other ship, the owner of the ship or, if different, any other organisation or person such as the manager,                              or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the owner;                           

[F17“territorial sea" has the same meaning as in the MLC;]                   

“United Kingdom ship” means a ship which is—                  

a United Kingdom ship within the meaning of section 85(2) of the Act;

a Government ship within the meaning of section 308(4) of the Act which is ordinarily engaged in commercial maritime operations;                              or                           

a hovercraft registered under the Hovercraft Act 1968 F18; and                           

“United Kingdom waters” has the meaning given in section 313(2) of the Act.                  

(2) In the application of these Regulations to a hovercraft, a reference to the master of a ship includes a reference to the captain                     of that hovercraft.                  

F51995 c.21.

F6Words in reg. 2(1) inserted (26.12.2020) by The Merchant Shipping (Maritime Labour Convention and Work in Fishing Convention) (Amendment) Regulations 2020 (S.I. 2020/1166), regs. 1, **2(2)(a)**

F7Words in reg. 2(1) inserted (26.12.2020) by The Merchant Shipping (Maritime Labour Convention and Work in Fishing Convention) (Amendment) Regulations 2020 (S.I. 2020/1166), regs. 1, **2(2)(b)**

F8Cm 7049.

F9Words in reg. 2(1) inserted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, **2(2)**

F10Words in reg. 2(1) inserted (26.12.2020) by The Merchant Shipping (Maritime Labour Convention and Work in Fishing Convention) (Amendment) Regulations 2020 (S.I. 2020/1166), regs. 1, **2(2)(c)**

F11Words in reg. 2(1) substituted (6.4.2018) by The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/242), regs. 1, **5(2)(a)**

F12Word in reg. 2(1) substituted (6.4.2018) by The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/242), regs. 1, **5(2)(b)**

F13Merchant Shipping Notice 1837(M) specifies which waters are Category A, B, C and D waters for the purposes of regulation 3(2)(a)                              of S.I. 1992/2356, as the notice which currently supersedes Merchant Shipping Notice M1504 pursuant to regulation 2 of those Regulations.

F14S.I. 1995/1210, amended by S.I. 2004/302, **S.I**. 2005/2114 and S.I. 2010/1075; there are other amending instruments but none is relevant.

F15S.I. 1998/2771, amended by S.I. 2002/1473; there is another amending instrument which is not relevant.

F16S.I. 2004/302, amended by S.I. 2012/2636; there are other amending instruments but none is relevant.

F17Words in reg. 2(1) inserted (26.12.2020) by The Merchant Shipping (Maritime Labour Convention and Work in Fishing Convention) (Amendment) Regulations 2020 (S.I. 2020/1166), regs. 1, **2(2)(d)**

F181968 c.59.

### ApplicationU.K.

3.—(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 [F1910B], 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)[F20regulation 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; F21...                  

(vii)regulation 46;                  

[F22(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.                  

F19Word 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)**

F20Words 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)**

F21Word 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)**

F22Reg. 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)**

## **PART 2**U.K.Minimum age

### Seafarer to be of minimum ageU.K.

4.—(1) A person under 16 years of age must not be employed, engaged or work on board a ship.                  

(2) A breach of paragraph (1) is an offence by the shipowner, the master of the ship and the employer of the person under the                     age of 16.                  

### Young persons on night dutyU.K.

5.—(1) Subject to paragraph (2), a seafarer under 18 years of age must not be employed, engaged or work on board a ship at night.                  

(2) Paragraph (1) does not apply where—

(a)the effective training of the seafarer, in accordance with established programmes and schedules, would be impaired by its                        application; or                  

(b)the specific nature of the duty or of a recognised training programme requires that the seafarer performs duties at night                        and the work to be carried out is specified in Merchant Shipping Notice 1838(M) as not being detrimental to the health and                        well-being of seafarers under the age of 18.                  

(3) In this regulation, “night” means a period—                  

(a)the duration of which is not less than nine consecutive hours; and                  

(b)which starts no later than midnight and ends no earlier than 5 a.m. (local time).                  

(4) A breach of paragraph (1) is an offence by the shipowner, the master of the ship and the employer of the person under the                     age of 18.                  

### Part 2 requirements for non-United Kingdom ships with MLC documentationU.K.

6.—(1) A ship must not be operated in breach of the prohibitions in paragraphs 1 and 2 of Standard A1.1 (minimum age) of the MLC,                     subject to any exceptions made by the State whose flag the ship is entitled to fly in accordance with paragraph 3 of that                     Standard.                  

(2) A breach of paragraph (1) is an offence by the shipowner, the master of the ship and the employer of a seafarer under the                     age prescribed in Regulation 1.1 of the MLC or, in the case of night work, the age prescribed in paragraph 2 of Standard A1.1                     of the MLC.                  

### Meaning of “employer” etc.U.K.

7.  In this Part—                  

“employer” means the person by whom a person under 16 years of age or, as the case may be, a seafarer under 18 years of age is employed                     or engaged in breach of regulation 4, 5 or 6;                  

“employed” means employed under a contract of employment; and                  

“engaged” means engaged under a contract, whether express or implied and (if it is express) whether oral or in writing, whereby the                     person or seafarer so engaged undertakes to do or perform personally any work or services for the employer, or another party                     to the contract, whose status is not by virtue of the contract that of a client or customer of any profession or business                     undertaking carried out by the person or seafarer.                  

## **PART 3**U.K.Recruitment and placement

### Duty on shipowner in respect of recruitment and placement servicesU.K.

8.—(1) A shipowner must not use a recruitment and placement service to recruit a person as a seafarer to work on board a ship unless                     it is a service falling within paragraph (2).                  

(2) A recruitment and placement service falls within this paragraph if it—

(a)is based—                  

(i)in the United Kingdom;                  

(ii)in a country which has ratified the MLC; or                  

(iii)in a country to which another country's ratification of the MLC has been extended; or                  

(b)is based in another country and conforms to the requirements relating to recruitment and placement services referred to in                        paragraph 5 of Standard A1.4 of the MLC, whether or not those requirements are obligations under the law of the country in                        which it is based.                  

(3) A breach of paragraph (1) is an offence by the shipowner.

(4) In this regulation, “recruitment and placement service” means any person or organisation which is engaged in recruiting seafarers on behalf of shipowners or placing seafarers with                     shipowners.                  

## **PART 4**U.K.Seafarers' employment agreements

### Duty to enter into seafarer employment agreementU.K.

9.—(1) A seafarer must have a seafarer employment agreement which complies with this regulation.                  

(2) Subject to paragraph (4), if the seafarer is an employee but is not an employee of the shipowner—

(a)the employer of the seafarer must be a party to the seafarer employment agreement; and                  

(b)the seafarer employment agreement must include provision under which the shipowner guarantees to the seafarer the performance                        of the employer's obligations under the agreement insofar as they relate to the matters specified in–                  

(i)paragraphs 5 to 11 of Part 1 of Schedule 1; and                  

(ii)Part 2 of Schedule 1.                  

(3) Subject to paragraph (4), if the seafarer is not an employee or if the seafarer is an employee of the shipowner, the shipowner                     must be a party to the seafarer employment agreement.                  

(4) Paragraphs (2)(b) and (3) do not apply if the parties to a seafarer employment agreement are—

(a)a seafarer who is on board the ship for the principal purpose of receiving training; and                  

(b)an approved training provider.                  

(5) A breach of paragraphs (1) to (3) is an offence by the shipowner.

(6) In this Part—

“approved training provider” means a person who provides or secures the provision of seafarer training pursuant to an agreement with the Secretary of                     State; and                  

“employer” means a person by whom the seafarer is employed under a contract of employment.                  

### Content of seafarer employment agreementU.K.

10.—(1) Subject to paragraph (2), a seafarer employment agreement must include provision about the following matters—                  

(a)if the seafarer is an employee of the shipowner or of any other person, the matters in Part 1 and Part 2 of Schedule 1;                  

(b)if the seafarer is not an employee, the matters in Part 1 and Part 3 of Schedule 1,                  

and where the seafarer employment agreement is one which falls within regulation 9(4), the name and address of the approved                     training provider must be set out in the agreement.                  

(2) Such provision may be achieved by way of reference to another document which includes provision about those matters.

(3) A breach of paragraph (1) is an offence by the shipowner.

(4) Prior to entering into a seafarer employment agreement, the shipowner or, in the case of an agreement falling within regulation                     9(4), the approved training provider must take reasonable steps to satisfy itself with regard to the following requirements—                  

(a)the seafarer must have had a sufficient opportunity to review and take advice on the terms and conditions of the agreement;                  

(b)the seafarer must have received an explanation of the rights and responsibilities of the seafarer under the agreement; and                  

(c)the seafarer must be entering into the agreement freely.                  

(5) Where a shipowner—

(a)fails to take such reasonable steps; or                  

(b)in relevant cases, fails to take reasonable steps to ensure that the approved training provider has complied with paragraph                        (4),                  

the shipowner commits an offence.

(6) A seafarer employment agreement must contain a declaration by the shipowner and the seafarer or, in the case of an agreement                     falling within regulation 9(4), by the approved training provider and the seafarer confirming that the requirements in paragraph                     (4)(a) to (c) have been met.                  

(7) A breach of paragraph (6) is an offence by the shipowner.

### Minimum notice periodU.K.

11.—(1) Subject to paragraph (3), the minimum period of notice which must be given before terminating a seafarer employment agreement                     is seven days or such longer period as may be specified in the agreement.                  

(2) The minimum period of notice which must be given by a seafarer before terminating a seafarer employment agreement must not                     be longer than the minimum period of notice which must be given by the shipowner or, as the case may be, the approved training                     provider.                  

(3) Nothing in this regulation prevents the earlier termination of a seafarer employment agreement without penalty where this                     is requested by the seafarer on compassionate grounds or where the seafarer is dismissed for reasons of gross misconduct.                  

### [F23Seafarer employment agreements: captive seafarersU.K.

11A.—(1)Paragraph (2) applies to a seafarer’s seafarer employment agreement which would, but for the operation of that paragraph,                        terminate while the seafarer is held captive as a result of piracy or armed robbery against a ship.                  

(2)Where this paragraph applies, the seafarer employment agreement continues to have effect until the date on which the shipowner’s                        duty under regulation 19 to repatriate the seafarer ends in accordance with regulation 21.                  

(3)The reference in paragraph (1) to the termination of a seafarer employment agreement includes—                  

(a)the operation of any provision of the seafarer employment agreement which would, but for this regulation, cause the seafarer                           employment agreement to cease to have effect; and                  

(b)the expiry of notice to terminate the seafarer employment agreement given for any reason, regardless of when such notice was                           given.                  

(4)For any period during which a seafarer is held captive as a result of piracy or armed robbery against a ship—                  

(a)the seafarer’s wages, remuneration and other entitlements, whether arising under the seafarer’s seafarer employment agreement,                           a collective bargaining agreement or any enactment, must continue to be paid;                  

(b)any part of the seafarer’s wages allotted to a person by an allotment note issued in accordance with regulations under section 36 of the Act must continue to be paid to that person; and                  

(c)a term of any agreement is void to the extent that it purports to reduce, vary or stop any such payments.]                  

F23Reg. 11A inserted (26.12.2020) by The Merchant Shipping (Maritime Labour Convention and Work in Fishing Convention) (Amendment) Regulations 2020 (S.I. 2020/1166), regs. 1, **2(3)**

### DocumentsU.K.

12.—(1) As soon as is practicable after entering into a seafarer employment agreement, the shipowner must provide to the seafarer                     an original of the agreement signed by each party and a copy of any document referred to in that agreement.                  

(2) A breach of paragraph (1) is an offence by the shipowner.

(3) The shipowner must—

(a)ensure that a copy of the seafarer employment agreement (and a copy of any document referred to in that agreement) for each                        seafarer on a ship is held on board; and                  

(b)allow each seafarer to see the copy of the seafarer employment agreement to which the seafarer is a party (and a copy of any                        document referred to in that agreement) on request.                  

(4) A breach of paragraph (3) is an offence by the shipowner.

(5) Subject to paragraph (7), as soon as is practicable after a seafarer's work on board a ship comes to an end, the shipowner                     must provide to the seafarer a written record of the seafarer's work on that ship.                  

(6) For the purposes of paragraph (5), the record—

(a)must contain provision about the matters set out in Schedule 2;                  

(b)must not contain provision about the quality of the seafarer's work; and                  

(c)must not contain provision about the seafarer's wages.                  

(7) Paragraph (5) does not apply if regulation 25 of the Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen)                     Regulations 1991 F24 applies in respect of the seafarer.                  

(8) A breach of paragraph (5) or (6) is an offence by the shipowner.

F24S.I. 1991/2144.

### Foreign language seafarer employment agreementU.K.

13.—(1) This regulation applies where a seafarer has a seafarer employment agreement which is not in the English language.                  

(2) The shipowner must ensure that an English translation of the provisions of the seafarer employment agreement (including any                     provisions which are contained in another document referred to in the agreement) is held on board.                  

(3) A breach of paragraph (2) is an offence by the shipowner.

### Duty of master to produce seafarer employment agreementU.K.

14.—(1) The master of a ship must produce to the Secretary of State, the Registrar-General of Shipping and Seamen or the Commissioners                     for Her Majesty's Revenue and Customs (or any person acting on their behalf) on demand copies of any documentation held on                     board pursuant to regulations 12(3)(a) and 13(2).                  

(2) A breach of paragraph (1) is an offence by the master of the ship.

### Part 4 requirements for non-United Kingdom ships with MLC documentationU.K.

15.—(1) A ship must not be operated unless it complies with the requirements in—                  

(a)paragraph 1 of Standard A2.1 (seafarers' employment agreements) of the MLC; and                  

(b)paragraph 4 of Standard A2.1 of the MLC regarding the particulars to be contained in seafarers' employment agreements,                  

whether or not the State whose flag the ship is entitled to fly has adopted any relevant laws or regulations.

(2) A breach of paragraph (1) (other than a breach of the requirement referred to in paragraph (3)) is an offence by the shipowner.

(3) A breach of the requirement in sub-paragraph 1(d) of Standard A2.1 of the MLC is an offence by the master of the ship.

## **PART 5**U.K.Wages

### Late payment of wages etc.U.K.

16.—(1) Subject to paragraph (2), if any amount in respect of wages or other remuneration payable to a seafarer under a seafarer employment                     agreement is not paid on the due date, interest must be paid on the unpaid amount at the rate of 20 per cent per annum from                     the date on which the amount was due until the date of payment.                  

(2) Paragraph (1) does not apply to the extent that the failure to make such payment on the required date was due to—

(a)a mistake;                  

(b)a reasonable dispute as to liability;                  

(c)the act or default of the seafarer; or                  

(d)any other cause not being the wrongful act or default of the persons liable to make the payment or of their servants or agents.                  

### Account of seafarer's wages etc.U.K.

17.—(1) The shipowner must ensure that an account of the seafarer's wages or other remuneration under a seafarer employment agreement                     is prepared and delivered to the seafarer—                  

(a)periodically during the term of the seafarer employment agreement, at intervals not exceeding one month; and                  

(b)within one month of the agreement terminating.                  

(2) Where the seafarer is an employee, such account must include the following information—

(a)the name of the seafarer;                  

(b)the date of birth of the seafarer (if known);                  

(c)the number of the seafarer's current discharge book (if any);                  

(d)the capacity in which the seafarer worked on board the ship;                  

(e)the period covered by the account;                  

(f)the amounts payable for the period covered by the account; and                  

(g)the type and amount of any deductions made during the period covered by the account.                  

(3) Where, pursuant to paragraph (2), the account includes information of amounts which have been determined by reference to a                     currency exchange rate, the account must include details of the relevant exchange rate and any commission paid.                  

(4) Where the seafarer is not an employee, such account must include the following information—

(a)payments due;                  

(b)payments made (including any not falling within sub-paragraph (a)); and                  

(c)any rates of exchange and any commissions paid which are relevant to those payments.                  

(5) A breach of paragraphs (1) to (4) is an offence by the shipowner.

### Part 5 requirements for non-United Kingdom ships with MLC documentationU.K.

18.—(1) A ship must not be operated unless the shipowner complies with the requirements in paragraph 2 of Standard A2.2 (wages).                  

(2) A breach of paragraph (1) is an offence by the shipowner.

## **PART 6**U.K.Repatriation

### Duty to repatriate seafarersU.K.

19.—(1) Subject to regulation 21, a shipowner must make such provision as is necessary for repatriation of a seafarer as soon as is                     practicable in the following cases—                  

(a)where the seafarer employment agreement expires;                  

(b)where the seafarer employment agreement is terminated by the shipowner;                  

(c)where the seafarer employment agreement is terminated by the seafarer in accordance with the terms of the agreement;                  

(d)where the seafarer is no longer able to carry out the seafarer's duties under the seafarer's employment agreement or cannot                        be expected to carry them out in the specific circumstances, including in the following circumstances—                  

(i)the seafarer has an illness, injury or medical condition which requires their repatriation when found medically fit to travel;                  

(ii)shipwreck;                  

(iii)the shipowner is not able to fulfil its legal or contractual obligations to the seafarer following insolvency, the sale of                        the ship or a change in the ship's registration; or                  

(iv)the ship is bound for a war zone to which the seafarer does not consent to go;                  

(e)where the seafarer has completed the maximum period of service on board following which the seafarer is entitled to repatriation                        in accordance with the seafarer employment agreement; and                  

(f)where the seafarer employment agreement is terminated pursuant to an order of a court or tribunal.                  

(2) A breach of paragraph (1) is an offence by the shipowner.

### Place for return.U.K.

20.—(1) Where there is a duty on a shipowner to provide for the repatriation of a seafarer under regulation 19, a seafarer is entitled                     to repatriation to the destination provided for in the seafarer employment agreement, or such other place as may subsequently                     be agreed with the shipowner.                  

(2) If the seafarer employment agreement does not identify a destination, and there has been no agreement between the seafarer                     and the shipowner as to the destination, the seafarer is entitled to repatriation to the seafarer's choice of the following                     destinations—                  

(a)the place at which the seafarer entered into the seafarer's employment agreement; or                  

(b)the seafarer's country of residence.                  

### Scope of duty to repatriateU.K.

21.  Where there is a duty on a shipowner to provide for the repatriation of a seafarer under regulation 19, that duty ends when—                  

(a)the seafarer is repatriated in accordance with regulation 20;                  

(b)the shipowner makes reasonable arrangements for repatriation which are unsuccessful because of the seafarer's unreasonable                        conduct;                  

(c)[F25except where the seafarer is held captive as a result of piracy or armed robbery against a ship,] the shipowner has used reasonable endeavours to contact the seafarer for a period of three months or more, but has been unable                        to make such contact;                  

(d)the seafarer confirms in writing to the shipowner that repatriation is not required; or                  

(e)the seafarer is dead.                  

F25Words in reg. 21(c) inserted (26.12.2020) by The Merchant Shipping (Maritime Labour Convention and Work in Fishing Convention) (Amendment) Regulations 2020 (S.I. 2020/1166), regs. 1, **2(4)**

### Duty pending repatriationU.K.

22.—(1) A shipowner to which a duty in regulation 19 applies must make such provision as is necessary for the seafarer's relief and                     maintenance pending repatriation.                  

(2) The shipowner must have regard to the seafarer's personal circumstances and requirements when determining what provision is                     required under paragraph (1).                  

(3) Without prejudice to the generality of paragraph (1) the provision for relief and maintenance must include—

(a)food;                  

(b)clothing;                  

(c)accommodation;                  

(d)toiletries and other personal necessaries;                  

(e)surgical, medical, dental or optical treatment (including the repair or replacement of any appliance) for any condition requiring                        immediate care; and                  

(f)in cases where legal aid is unavailable or insufficient, reasonable costs for the defence of the seafarer in any criminal                        proceedings in respect of any act or omission within the scope of the seafarer's employment, being proceedings where neither                        the shipowner nor an agent of the shipowner is the complainant.                  

(4) The duty in paragraph (1) ends when the duty in regulation 19 ends.

(5) A breach of paragraph (1) is an offence by the shipowner.

### Prohibition on recovering costs from seafarerU.K.

23.—(1) Subject to paragraph (2), a shipowner must not enter into an agreement with a seafarer under which the seafarer must make                     payment in respect of either—                  

(a)repatriation costs; or                  

(b)relief and maintenance costs.                  

(2) A seafarer employment agreement may provide that the seafarer must reimburse repatriation costs where the agreement is terminated                     because of the seafarer's serious misconduct.                  

(3) If a seafarer employment agreement contains provision described in paragraph (2) and that obligation arises, a deduction equivalent                     to those costs may be made from the wages due to the seafarer under that agreement.                  

(4) If a seafarer employment agreement does not contain provision such as that described in paragraph (2), the shipowner may only                     recover the costs described in paragraph (1) (or damages in respect of such costs) where the agreement is terminated because                     of the seafarer's serious misconduct.                  

(5) A breach of paragraph (1) is an offence by the shipowner.

(6) An agreement is void to the extent it provides that a seafarer must make a payment to the shipowner in respect of either repatriation                     costs or relief and maintenance costs in breach of paragraph (1).                  

### Seafarer propertyU.K.

24.—(1) This regulation applies where—                  

(a)a shipowner is under a duty under regulation 19 in respect of a seafarer; and                  

(b)property belonging to that seafarer has been left behind on board a ship.                  

(2) The master of the ship must take charge of that property and enter a description of each item in the official log book.

(3) A breach of paragraph (2) is an offence by the master of the ship.

(4) Subject to paragraph (6), the master of the ship and the shipowner must ensure that reasonable care is taken of the property                     pending its delivery in accordance with paragraph (10).                  

(5) A breach of paragraph (4) is an offence by the master of the ship and the shipowner.

(6) The master of the ship may at any time—

(a)sell any part of the property which is of a perishable or deteriorating nature; and                  

(b)destroy or otherwise dispose of any part of the property considered a potential risk to the health or safety of any person.                  

(7) The proceeds of any sale under paragraph (6)(a) are the property of the seafarer and the master of the ship must ensure that                     details of the sale are entered in the official log book.                  

(8) The master of the ship must ensure that details of any destruction or disposal under paragraph (6)(b) are entered in the official                     log book.                  

(9) A breach of paragraphs (7) or (8) is an offence by the master of the ship.

(10) Subject to paragraph (11), the shipowner must cause the property and a document containing the information entered in the                     log book pursuant to paragraphs (7) and (8) to be delivered to the seafarer or to the seafarer's next of kin.                  

(11) The duty in paragraph (10) is discharged if the shipowner causes the delivery to be made to the last known address of the                     seafarer or the next of kin, as the case may be.                  

(12) A breach of paragraph (10) is an offence by the shipowner.

(13) The seafarer or the next of kin, as the case may be, must reimburse the shipowner for the reasonable delivery costs if demanded.

### Duty to carry documentsU.K.

25.—(1) A shipowner must ensure that a copy of Part 6 of these Regulations and Marine Guidance Note 479(M) are held on board the ship                     and are available to seafarers.                  

(2) Unless the shipowner reasonably considers that all of the seafarers on board the ship understand English sufficiently to understand                     the documents referred to in paragraph (1), the duty in paragraph (1) includes the duty to hold on board the ship and make                     available to seafarers such translated versions of those documents as are sufficient to ensure that all of the seafarers on                     board the ship can understand at least one version.                  

(3) A breach of paragraphs (1) or (2) is an offence by the shipowner.

(4) In this regulation “Marine Guidance Note 479(M)” means the note described as such and issued by the MCA in July 2014.                  

### Financial security requirement applicable to all shipsU.K.

26.—(1) A ship must not be operated unless—                  

(a)in the case of a ship in a category described in regulation 3(1)(a) or (b), there is in force a contract of insurance or other                        financial security adequate to ensure that the shipowner will be able to meet any liabilities arising from the duties in regulations                        19 and 22; or                  

(b)in the case of a ship in the category described in regulation 3(3), financial security is provided in accordance with paragraph                        2 of Regulation 2.5 (repatriation) of the MLC.                  

(2) A breach of paragraph (1) is an offence by the shipowner.

### Secretary of State functions in the event of shipowner defaultU.K.

27.—[F26(1)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—                  

(a)the shipowner fails to make the required provision; and                  

(b)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.                  

(1A)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—                  

(a)the shipowner fails to make the required provision; and                  

(b)the seafarer in relation to whom the shipowner has failed to make such provision is entitled to receive financial assistance                           under an abandonment security.                  

(1B)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.]                  

(2) 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.                  

(3) Subject to paragraph (5), the costs which the Secretary of State may recover under paragraph [F27(1B)] and (2) include—                  

(a)costs incurred by the Secretary of State in making the required provision (or securing that it is made); and                  

(b)costs incurred by the Secretary of State in reimbursing another person (including a State which has made provision pursuant                        to paragraph 5 of Standard [F28A2.5.1] (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.                  

(4) 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.                  

(5) The costs incurred by the seafarer which are referred to in paragraph (4)—

(a)may not be recovered by the seafarer under paragraph (4) if they have been recovered by the Secretary of State under paragraph                        [F29(1B)]; and                  

(b)may not be recovered by the Secretary of State under paragraph [F30(1B)] if they have been recovered by the seafarer under paragraph (4).                  

F26Reg. 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)**

F27Word 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)**

F28Word 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)**

F29Word 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)**

F30Word 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)**

### Part 6 requirements for non-United Kingdom ships with MLC documentationU.K.

28.—(1) A shipowner must make such provision as is necessary for the repatriation of a seafarer as soon as is practicable in the circumstances                     described in paragraph 1 of Standard [F31A2.5.1] of the MLC, subject to any national provisions which have been adopted by the State whose flag the ship is entitled to fly                     pursuant to paragraph 2 of Standard [F31A2.5.1].                  

(2) A breach of paragraph (1) is an offence by the shipowner.

(3) A shipowner must comply with –

(a)the prohibitions in paragraph 3 of Standard [F32A2.5.1], whether or not those prohibitions apply in the State whose flag the ship is entitled to fly; and                  

(b)the requirement in paragraph 9 of Standard [F33A2.5.1], whether or not the State whose flag the ship is entitled to fly has imposed that requirement in its national laws or otherwise.                  

(4) A breach of paragraph (3) is an offence by the shipowner.

F31Word in reg. 28(1) substituted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, **2(5)**

F32Word in reg. 28(3)(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(5)**

F33Word in reg. 28(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(5)**

## **PART 7**U.K.Crew accommodation

### Crew accommodation requirementsU.K.

29.—(1) In this Part, “crew accommodation” means accommodation, including the construction, machinery, fittings and equipment of that accommodation, intended for or                     used by seafarers.                  

(2) Subject to regulations 30, 31 and 32, a ship must comply with the requirements relating to crew accommodation set out in Merchant                     Shipping Notice 1844 (M).                  

(3) A breach of paragraph (2) is an offence by the shipowner.

(4) The master of the ship, or an officer appointed by the master for that purpose, must, at intervals not exceeding 7 days and                     accompanied by at least one member of the crew, inspect the crew accommodation to ensure it is clean, decently habitable and                     maintained in a good state of repair.                  

(5) A breach of paragraph (4) is an offence by the master of the ship.

(6) The master of the ship, or an officer appointed by the master for that purpose, must record the findings of inspections undertaken                     pursuant to paragraph (4) in the official log book of the ship specifying—                  

(a)the time and date of the inspection;                  

(b)the name and rank of each person making the inspection; and                  

(c)particulars of any respect in which the crew accommodation was found by any of the persons making the inspection not to comply                        with these Regulations.                  

(7) A breach of paragraph (6) is an offence by the master of the ship.

Modifications etc. (not altering text)

C3Reg. 29(2) excluded by S.I. 1998/2771, reg. 5(3) (as substituted (6.4.2018) by The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/242), regs. 1, **3(3)(b)**)

C4Reg. 29(2) excluded by S.I. 1998/2771, reg. 4(3) (as substituted (6.4.2018) by The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/242), regs. 1, **2(2)(c)**)

### Provision for certain older shipsU.K.

30.—[F34(A1)A ship the keel of which was laid or which was at a similar stage of construction before 1st July 1979—                  

(a)as respects crew accommodation which has not been substantially reconstructed or altered on or after that date, must comply                           with the requirements set out in Schedule 6 to the Merchant Shipping (Crew Accommodation) Regulations 1978 as if those Regulations                           had not been revoked;                  

(b)as respects crew accommodation which has been substantially reconstructed or altered on or after that date but before 11th                           July 1997, must comply with the requirements set out in Part 1 of the Merchant Shipping (Crew Accommodation) Regulations 1978,                           as if they had not been revoked;                  

(c)as respects crew accommodation which has been substantially reconstructed or altered on or after 11th July 1997 but before                           7th August 2014, must comply with the requirements set out in the Merchant Shipping (Crew Accommodation) Regulations 1997.]                  

(1) A ship the keel of which was laid or which was at a similar stage of construction [F35on or after 1st July 1979 but] before 11th July 1997—                  

(a)as respects crew accommodation which has not been substantially reconstructed or altered on or after 11th July 1997, must                        comply with the requirements set out in [F36Part 1 of] the Merchant Shipping (Crew Accommodation) Regulations 1978 F37, as if they had not been revoked;                  

(b)as respects crew accommodation which has been substantially reconstructed or altered on or after 11th July 1997 but before                        [F387th August 2014], must comply with the requirements set out in the Merchant Shipping (Crew Accommodation) Regulations 1997 F39.                  

(2) A ship the keel of which was laid or which was at a similar stage of construction on or after 11th July 1997 but before [F407th August 2014] must, as respects crew accommodation which has not been substantially reconstructed or altered on or after [F407th August 2014], comply with the requirements set out in the Merchant Shipping (Crew Accommodation) Regulations 1997.                  

(3) In this regulation “similar stage of construction” means the stage at which—                  

(a)construction identifiable with a specific ship begins; and                  

(b)assembly of that ship has commenced comprising at least 50 tonnes or one per cent of the estimated mass of all structural                        material, whichever is less.                  

(4) A breach of [F41paragraph (A1),] (1) or (2) is an offence by the shipowner.                  

F34Reg. 30(A1) inserted (6.4.2018) by The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/242), regs. 1, **5(3)(a)**

F35Words in reg. 30(1) inserted (6.4.2018) by The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/242), regs. 1, **5(3)(b)(i)**

F36Words in reg. 30(1)(a) substituted (6.4.2018) by The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/242), regs. 1, **5(3)(b)(ii)**

F37S.I. 1978/795, amended by S.I. 1979/491, **S.I**. 1984/41 and S.I. 1989/184 and revoked on 11 July 1997 by S.I. 1997/1508.

F38Words in reg. 30(1)(b) substituted (6.4.2018) by The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/242), regs. 1, **5(3)(b)(iii)**

F39S.I. 1997/1508.

F40Words in reg. 30(2) substituted (6.4.2018) by The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/242), regs. 1, **5(3)(c)**

F41Words in reg. 30(4) substituted (6.4.2018) by The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/242), regs. 1, **5(3)(d)**

Modifications etc. (not altering text)

C5Reg. 30 excluded by S.I. 1998/2771, reg. 4(3) (as substituted (6.4.2018) by The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/242), regs. 1, **2(2)(c)**)

C6Reg. 30 excluded by S.I. 1998/2771, reg. 5(3) (as substituted (6.4.2018) by The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/242), regs. 1, **3(3)(b)**)

### ExemptionsU.K.

31.—(1) The Secretary of State may exempt a ship from some or all of the requirements of regulation 29(2) where —                  

(a)the exemption is expressly permitted by Standard A3.1 (accommodation and recreational facilities) of the MLC; and                  

(b)the Secretary of State has fulfilled any obligation imposed on the competent authority by that Standard in respect of the                        exemption,                  

and in sub-paragraph (a), the reference to an exemption which is expressly permitted includes anything permitted in accordance                     with paragraph 6(a) or (d) of Standard A3.1 of the MLC or allowed in accordance with paragraph 9(g) of that Standard.                  

(2) An exemption under this regulation—

(a)must be given in writing;                  

(b)may be granted on such terms as the Secretary of State may specify; and                  

(c)may be altered or cancelled by the Secretary of State giving written notice to the shipowner.                  

(3) A breach of the terms of an exemption granted under paragraph (1) is an offence by the shipowner.

### Approvals to allow substantial equivalencesU.K.

32.—(1) In respect of a particular ship, or ships of a particular description, the Secretary of State may approve arrangements which,                     when taken together with the conditions to which the approval is subject, the Secretary of State considers are substantially                     equivalent to the requirements which are set out in Merchant Shipping Notice 1844(M).                  

(2) An approval under this regulation—

(a)must be given in writing; and                  

(b)must specify the date on which it takes effect and the conditions (if any) on which it is given.                  

(3) Such an approval may be cancelled and the terms of an approval may be altered, in both cases by the Secretary of State giving                     written notice to the shipowner.                  

(4) A breach of a condition on which such an approval is given is an offence by the shipowner.

### Part 7 requirements for non-United Kingdom ships with MLC documentationU.K.

33.—(1) Subject to paragraph (2), a ship must not be operated unless it complies with the minimum standards for on-board accommodation                     and recreational facilities set out in paragraphs 6 to 17 of Standard A3.1 (accommodation and recreational facilities) of                     the MLC.                  

(2) The requirement in paragraph (1) is subject to—

(a)the application provision in paragraph 2 of Regulation 3.1 of the MLC; and                  

(b)any permissions, exemptions or variations which have been granted or allowed by the State whose flag the ship is entitled                        to fly and which are permitted by the MLC provisions referred to in paragraph (1).                  

(3) A breach of paragraph (1) is an offence by the shipowner.

(4) The master of a ship must comply with the requirements in paragraph 18 of Standard A3.1 of the MLC with regard to—

(a)frequent inspections; and                  

(b)the recording of the results of such inspections and making those results available for review,                  

whether or not the State whose flag the ship is entitled to fly has imposed those requirements in its national laws or otherwise.

(5) A breach of paragraph (4) is an offence by the master of the ship.

## **PART 8**U.K.Food and catering

### Provision of food and drinking waterU.K.

34.—(1) The shipowner and the master of a ship must ensure that food and drinking water are provided on board the ship which—                  

(a)are suitable in respect of quantity, quality and, in relation to food, nutritional value and variety, taking account of—                  

(i)the number of seafarers on board and the character, nature and duration of the voyage; and                  

(ii)the different religious requirements and cultural practices in relation to food of the seafarers on board;                  

(b)do not contain anything which is likely to cause sickness or injury to health or which renders any food or drinking water                        unpalatable; and                  

(c)are otherwise fit for consumption.                  

(2) The shipowner and master of a ship must ensure that food and drinking water provided in accordance with paragraph (1) are                     provided free of charge to all seafarers while they are on board.                  

(3) A breach of paragraphs (1) or (2) is an offence by the shipowner and the master of the ship.

### Organisation and equipment of the catering departmentU.K.

35.—(1) The shipowner and the master of a ship must ensure that—                  

(a)food and drinking water which are provided for seafarers are stored and handled; and                  

(b)the catering department is organised and equipped,                  

in accordance with the requirements set out in Merchant Shipping Notice 1845(M).

(2) A breach of paragraph (1) is an offence by the shipowner and the master of the ship.

### Inspection of food and catering facilitiesU.K.

36.—(1) The master of a ship must ensure that, not less than once a week—                  

(a)the supplies of food and drinking water on board are inspected to check compliance with regulation 34 and 35; and                  

(b)the catering department and its equipment are inspected to check compliance with regulation 35.                  

(2) An inspection under paragraph (1) must be carried out by—

(a)the master of the ship; or                  

(b)a person authorised by the master,                  

together with a member of the catering staff.

(3) A breach of paragraphs (1) or (2) is an offence by the master of the ship.

(4) The master of the ship must ensure that the results of any inspection under paragraph (1) are recorded in the official logbook                     of the ship.                  

(5) A breach of paragraph (4) is an offence by the master of the ship.

### Requirement to carry a qualified ship's cookU.K.

37.—(1) This regulation does not apply to—                  

(a)a ship which ordinarily operates with fewer than 10 seafarers on board; or                  

(b)a ship which operates only within 60 miles of a safe haven and which does not operate to or from, or call at, a port in a                        country other than the United Kingdom,                  

and in this paragraph “safe haven” means a harbour or shelter of any kind which affords entry and protection from the weather.                  

(2) Subject to paragraph (3), a ship must not be operated unless a qualified ship's cook is on board.

(3) In circumstances of exceptional necessity the Secretary of State may grant an exemption from the requirement in paragraph                     (2)—                  

(a)until the next port of call, or                  

(b)for a period not exceeding one month,                  

but only if there is a person on board the ship who is trained or instructed in areas including food and personal hygiene                     and safe handling and storage of food in accordance with the relevant requirements in Merchant Shipping Notice 1846(M).                  

(4) An exemption under this regulation—

(a)must be given in writing;                  

(b)may be granted on such terms as the Secretary of State may specify; and                  

(c)may be altered or cancelled by the Secretary of State giving written notice to the shipowner.                  

(5) The Secretary of State may approve as respects a particular ship, or as respects ships of a particular description, arrangements                     which, when taken together with the conditions to which the approval is subject, the Secretary of State considers are substantially                     equivalent to the requirement in paragraph (2).                  

(6) An approval under this regulation—

(a)must be given in writing; and                  

(b)must specify the date on which it takes effect and the conditions (if any) on which it is given.                  

(7) Such an approval may be cancelled and the terms of an approval may be altered, in both cases by the Secretary of State giving                     written notice to the shipowner.                  

(8) A breach of—

(a)paragraph (2);                  

(b)the terms of an exemption granted under paragraph (3); or                  

(c)a condition on which an approval is given under paragraph (5),                  

is an offence by the shipowner and the master of the ship.

### Certificate of competency as a ship's cookU.K.

38.—(1) On receipt of an application for a certificate of competency as a ship's cook and the appropriate fee (if any), the Secretary                     of State must, on being satisfied that the applicant is an eligible person, issue a certificate of competency to the applicant.                  

(2) Before the issue of any such certificate, the Secretary of State may require the applicant to produce such certificates of                     discharge and such other documentary evidence as may be necessary to establish to the satisfaction of the Secretary of State                     that the applicant is an eligible person.                  

(3) The provisions of sections 62 to 69 of the Act (disqualification of seamen and inquiries) apply in respect of a certificate                     of competency issued under paragraph (1) as if such a certificate were a certificate to which those sections apply.                  

(4) The provisions prescribed in the Merchant Shipping (Disqualification of Holder of Seaman's Certificates) Regulations 1997                     F42 apply in respect of a certificate of competency issued under paragraph (1) as if regulation 2 of those Regulations included                     a reference to such a certificate.                  

(5) For the purposes of any inquiry under section 63 of the Act and of any re-hearing of an inquiry under section 64 of the Act                     in relation to a certificate of competency issued under paragraph (1), the Merchant Shipping (Section 63 Inquiries) Rules                     1997 F43 apply as if the definition of “certificate holder” in rule 2(1) included a reference to the holder of a certificate of competency                     issued under paragraph (1).                  

(6) If an eligible person—

(a)satisfies the Secretary of State that a certificate already issued to that person has been lost, destroyed or stolen; and                  

(b)pays the appropriate fee (if any),                  

the Secretary of State must issue a copy of the certificate to that person.

(7) Any such copy must, before it is so issued, be certified as such by the Registrar General of Shipping and Seamen or, as the                     case may be, by such person as the Secretary of State may have directed to keep the record referred to in paragraph (8).                  

(8) A record of all certificates of competency issued under this regulation and of the suspension, cancellation or alteration                     of, and any other matters affecting, any such certificate must be kept, in such manner as the Secretary of State may require,                     by the Registrar General of Shipping and Seamen or by such other person as the Secretary of State may direct.                  

F42S.I. 1997/346, amended by S.I. 1997/2971. The Marine Safety Agency is now the Maritime and Coastguard Agency.

F43S.I. 1997/347.

### Recognition of existing certificates of competencyU.K.

39.—(1) A certificate of competency—                  

(a)issued under the Merchant Shipping (Certification of Ships' Cooks) Regulations 1981 F44;                  

(b)treated as equivalent under regulation 8 of those Regulations; or                  

(c)deemed under regulation 9 of those Regulations to be issued pursuant to section 43 of the Merchant Shipping Act 1970 F45,                  

which is in force and not suspended on the date when these Regulations come into force, has effect as if it were a certificate                     of competency as a ship's cook issued under regulation 38 of these Regulations.                  

(2) A certificate to which paragraph (1) applies remains valid for a period of 5 years beginning on the date on which these Regulations                     come into force unless it is suspended or cancelled in accordance with section 62 of the Act.                  

F44S.I. 1981/1076.

F451970 c.36. Section 43 was repealed by the Merchant Shipping Act 1995, section 314(1) and Schedule 12.

### Training requirements for catering staff and other persons processing food in the galleyU.K.

40.—(1) The shipowner must ensure that—                  

(a)every member of catering staff is properly trained or instructed for their position in accordance with the relevant requirements                        set out in Merchant Shipping Notice 1846(M); and                  

(b)any person processing food in the galley is properly trained or instructed in areas including food and personal hygiene and                        handling in accordance with the relevant requirements set out in Merchant Shipping Notice 1846(M).                  

(2) A breach of paragraph (1) is an offence by the shipowner.

### Part 8 requirements for non-United Kingdom ships with MLC documentationU.K.

41.—(1) A ship must not be operated unless it complies with paragraphs 1 and 2 of Regulation 3.2 (food and catering) of the MLC.                  

(2) A breach of paragraph (1) is an offence by the shipowner and the master of the ship.

(3) The master of a ship must comply with the requirements in paragraph 7 of Standard A3.2 of the MLC with regard to –

(a)frequent inspections; and                  

(b)the documenting of such inspections,                  

whether or not the State whose flag the ship is entitled to fly has imposed those requirements in its national laws or otherwise.

(4) A breach of paragraph (3) is an offence by the master of the ship.

(5) A ship must not be operated unless it meets the minimum standards set out in—

(a)sub-paragraph 2(b) of Standard A3.2 of the MLC; and                  

(b)sub-paragraph 2(c) of that Standard.                  

(6) A breach of paragraph (5)(a) is an offence by the shipowner and the master of the ship.

(7) A breach of paragraph (5)(b) is an offence by the shipowner.

(8) Subject to any dispensation issued by the State whose flag the ship is entitled to fly in accordance with paragraph 6 of standard                     A3.2 of the MLC, a shipowner must comply with the requirements in paragraphs 3 and 4 of Standard A3.2 of the MLC.                  

(9) A breach of paragraph (8) is an offence by the shipowner.

### Interpretation of Part 8U.K.

42.  In this Part—                  

“catering department” means the galley, mess rooms and any other areas on board intended or used for the storage or preparation of food for seafarers                     or the service of meals to seafarers;                  

“catering staff” means seafarers whose normal duties include the preparation and storage of food, the service of meals to seafarers on board                     the ship or other work in the galley or in areas where food is stored or handled;                  

“eligible person” means a seafarer who—                  

is 18 years of age or over;

has completed training in accordance with the requirements in Merchant Shipping Notice 1846(M); and

has served for not less than one month at sea;

“qualified ship's cook” means a person who has been issued with a ship's cook certificate which has not expired or been cancelled and which is not                     suspended; and                  

“ship's cook certificate” means—                  

a certificate of competency as a ship's cook which has been issued under regulation 38;

a certificate which under regulation 39 has effect as if it were a certificate of competency as a ship's cook issued under                              regulation 38; or                           

a certificate which the Secretary of State has specified in Merchant Shipping Notice 1846(M) is equivalent to a certificate                              of competency as a ship's cook issued under regulation 38.                           

## **PART 9**U.K.Medical care

### Shipowner duty to make provision for seafarer medical and other expensesU.K.

43.—(1) This regulation applies in relation to a seafarer who suffers sickness or injury falling within paragraph (2).                  

(2) Sickness or injury falls within this paragraph if it—

(a)first occurs during a period—                  

(i)which starts on the date on which that seafarer's seafarer employment agreement commences and ends on the next date on which                        the shipowner's duty to make provision for the repatriation of that seafarer under regulation 19 ends under regulation 21;                        or                  

(ii)which starts after a period referred to in sub-paragraph (i) but is caused by circumstances or events arising during that                        period; and                  

(b)does not first occur during a period of leave, other than shore leave.                  

(3) Subject to paragraphs (5) and (6), the shipowner must—

(a)ensure that the seafarer is provided with medical care on board, so far as is practicable; and                  

(b)meet any expenses falling within paragraph (4) which are reasonably incurred in connection with the seafarer's sickness or                        injury.                  

(4) Expenses falling within this paragraph are—

(a)expenses of surgical, medical, dental or optical treatment (including the supply, repair or replacement of any appliance);                        and                  

(b)expenses for board and lodging.                  

(5) The duty to meet expenses referred to in paragraph (3)(b)—

(a)does not apply to expenses which are met by a public authority; and                  

(b)does not affect any duty on the shipowner under regulation 22 and does not apply in respect of any expenses met by the shipowner                        in accordance with that duty.                  

(6) Subject to paragraph (7), the duty to meet expenses referred to in paragraph (3)(b) is limited to expenses incurred during                     whichever of the following periods is the shorter—                  

(a)a period of 16 weeks beginning on the day on which the sickness or injury first occurs; or                  

(b)a period beginning on the day on which the sickness or injury first occurs and ending on the day on which a person authorised                        to issue seafarer medical certificates notifies the seafarer of a decision that—                  

(i)the seafarer is not fit to carry out the duties which that seafarer is required to carry out under the terms of that seafarer's                        seafarer employment agreement, and                  

(ii)the seafarer is unlikely to be fit to carry out duties of that nature in the future.                  

(7) If a person authorised to issue seafarer medical certificates has notified a seafarer of a decision in the terms described                     in paragraph (6)(b) and that or another such person subsequently notifies the seafarer that such a decision no longer applies                     in both or either respects, the duty to meet expenses referred to in paragraph (3)(b) is limited to expenses incurred during                     the period set out in paragraph (6)(a).                  

(8) The shipowner may recover from the seafarer as a civil debt any expenses it has met under the duty to meet expenses referred                     to in paragraph (3)(b) in connection with—                  

(a)injury suffered otherwise than in the service of the ship;                  

(b)injury or sickness arising from the wilful misconduct of the seafarer who is injured or sick; or                  

(c)injury or sickness intentionally concealed by the seafarer prior to entering into the seafarer employment agreement.                  

(9) If any expenses are incurred by a seafarer to which the duty in paragraph (3) applies, the seafarer may (other than in the                     circumstances referred to in sub-paragraphs (a) to (c) of paragraph (8)) recover those expenses from the shipowner as a civil                     debt.                  

(10) A breach of paragraph (3) is an offence by the shipowner.

### Duty to carry a medical practitioner on shipU.K.

44.—(1) Subject to paragraph (2), a ship must not be operated unless a medical practitioner is carried on board the ship.                  

(2) This regulation does not apply to a ship unless—

(a)it has 100 or more persons on board; and                  

(b)it is engaged on an international voyage lasting more than 72 hours.                  

(3) A breach of paragraph (1) is an offence by the shipowner.

### Right to medical attentionU.K.

45.—(1) When a ship is in a port of call, the shipowner must permit a seafarer to go ashore for medical attention of a kind which                     is not available on board the ship, where this is reasonably practicable.                  

(2) A breach of paragraph (1) is an offence by the shipowner.

### Part 9 requirements for non-United Kingdom ships with MLC documentationU.K.

46.—(1) A seafarer must—                  

(a)be given access to prompt and adequate medical care whilst working on board the ship at no cost to the seafarer; and                  

(b)be permitted to visit a qualified medical doctor or dentist without delay in ports of call, where practicable.                  

(2) A breach of paragraph (1) is an offence by the shipowner.

(3) Subject to paragraph (4), a ship must not be operated unless it carries a qualified medical doctor who is responsible for                     providing medical care.                  

(4) Paragraph (3) does not apply to a ship unless—

(a)it has 100 or more persons on board; and                  

(b)it is engaged on an international voyage lasting more than 72 hours.                  

(5) A breach of paragraph (3) is an offence by the shipowner.

(6) In paragraph (3), “qualified medical doctor” means a person who is recognised as such by, and who (for the purposes of sub-paragraph 4(b) of Standard A4.1 (medical care                     on board ship and ashore) of the MLC) has the qualifications required by, the State whose flag the ship is entitled to fly.                  

### Interpretation of Part 9U.K.

47.  In this Part —                  

“person authorised to issue seafarer medical certificates” means a person who has been authorised by or on behalf of the Secretary of State or another national maritime administration                     to issue medical certificates to seafarers for the purposes of Regulation 1.2 of the MLC (medical certificate) or Regulation                     I/9 of the STCW Convention;                  

“fully registered person” and “licence to practise” have the meanings given in section 55(1) of the Medical Act 1983 F46;                  

“medical practitioner” means—                  

in the case of a practitioner ordinarily resident in the United Kingdom, a fully registered person who—

holds a licence to practise; or

meets the criteria specified in Merchant Shipping Notice 1841(M), being criteria which the Secretary of State considers appropriate                                       having regard to the evidence of continuing professional development which such a practitioner must demonstrate in order to                                       obtain a licence to practise; or                                    

in the case of a practitioner not ordinarily resident in the United Kingdom, a person who meets the criteria specified in                              Merchant Shipping Notice 1841(M), being criteria which the Secretary of State considers appropriate having regard to the qualifications                              and other credentials which must be demonstrated by a person falling within paragraph (a); and                           

“the STCW Convention” means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 F47, as amended in 1995 by resolution 1 of the STCW Convention F48, convened at the International Maritime Organization's headquarters from 26th June to 7th July 1995.                  

F461983 c.54. The definition of “fully registered person” was amended by S.I. 2000/3041, **S.I**. 2006/1914, S.I. 2007/3101 and S.I. 2008/1774. The definition of “licence to practise” was amended by S.I. 2002/3135.

F47Cmnd 9266.

F48Cmnd 3772.

## **PART 10**U.K.Shipowners' liability

### Shipowners' liability for seafarer unemployment and losses following loss or foundering of shipU.K.

48.—(1) This regulation applies in relation to a seafarer working on board a ship which founders or is lost.                  

(2) If the loss or foundering of the ship causes the seafarer to become unemployed, the shipowner must pay to the seafarer an                     amount equivalent to the wages which would otherwise have been payable under the seafarer employment agreement for every day                     on which the seafarer is unemployed in the two month period commencing on the day following the day on which the loss or foundering                     occurred.                  

(3) If the loss or foundering of the ship causes the seafarer to suffer injury or loss (other than the loss of wages referred                     to in paragraph (2)), the shipowner must pay compensation to the seafarer.                  

(4) In relation to loss other than personal injury or death, the duty in paragraph (3) is limited to the amount specified (if                     any) in the seafarer employment agreement.                  

(5) A seafarer may recover any sum due from the shipowner under paragraph (2) or (3) as a civil debt.

### Financial security requirement applicable to all shipsU.K.

F4949.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

F49Reg. 49 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(6)**

### Shipowners' liability for wages following sickness or injury sustained by seafarerU.K.

50.—(1) Subject to paragraph (11), this regulation applies in relation to a seafarer who suffers sickness or injury which—                  

(a)first occurs during a period—                  

(i)which starts on the date on which the seafarer's seafarer employment agreement commences and ends on the next date on which                        the shipowner's duty to make provision for the repatriation of that seafarer under regulation 19 ends under regulation 21;                        or                  

(ii)which starts after a period referred to in sub-paragraph (i) but is caused by circumstances or events arising during that                        period;                  

(b)does not first occur during a period of leave, other than shore leave; and                  

(c)results in the seafarer's incapacity for work.                  

(2) If a seafarer falling within paragraph (1)(a)(i) does not receive the wages payable under the seafarer employment agreement                     in respect of the period specified in paragraph (3), the shipowner must pay to the seafarer a sum equal to the difference                     between—                  

(a)any sums received by the seafarer in respect of wages for that period under that agreement; and                  

(b)the wages which would have been payable to the seafarer under that agreement if the seafarer had remained fit for work throughout                        that period, and (where the agreement would otherwise have terminated during that period) if the agreement had continued on                        the same terms throughout that period.                  

(3) The period referred to in paragraph (2) is a period—

(a)starting on the date of the injury or the first day of the sickness; and                  

(b)ending on the date on which the duty to repatriate the seafarer under regulation 19 ends under regulation 21 (or, if such                        a duty does not arise, the date on which the seafarer leaves the ship).                  

(4) F50... If a seafarer falling within paragraph (1) is incapable of work after the date on which the duty to repatriate the seafarer                     under regulation 19 ends under regulation 21 (or if such a duty does not arise, the date on which the seafarer leaves the                     ship), and the seafarer does not receive the basic wages payable under the seafarer employment agreement for the period starting                     on that date and ending on the date on which the seafarer is again fit for work, the shipowner must pay to the seafarer a                     sum equal to the difference between—                  

(a)any sums received by the seafarer in respect of basic wages for [F51the period of incapacity] under that agreement; and                  

(b)the basic wages which would have been payable to the seafarer under that agreement if the seafarer had remained fit for work                        throughout [F52the period of incapacity].                  

[F53(5)“Period of incapacity” means—                  

(a)where the seafarer’s seafarer employment agreement does not specify a date on which the agreement is to terminate, the shorter                           of the following—                  

(i)the period of 16 weeks beginning with the day (“the start day”) after the date of injury or the first day of sickness referred                           to in paragraph (1);                  

(ii)the period beginning with the start day and ending with the date that the seafarer is again fit for work; and                  

(iii)the period beginning with the start day and ending with the date that the agreement terminates;                  

(b)where the seafarer’s seafarer employment agreement does specify a date on which the agreement is to terminate, the shorter                           of the following—                  

(i)the period specified in paragraph (a)(i);                  

(ii)the period specified in paragraph (a)(ii);                  

(iii)the period specified in paragraph (a)(iii); and                  

(iv)the period beginning with the start day and ending with the termination date specified in the agreement.]                  

(6) The duty in paragraph (4) is conditional upon the seafarer applying for all relevant social security benefits payable in consequence                     of—                  

(a)the seafarer's incapacity for work; and                  

(b)the sickness or injury which resulted in the incapacity for work,                  

under the laws of the United Kingdom or the laws or arrangements in the country to which the seafarer is repatriated.

(7) If the seafarer receives social security benefits of the kind described in paragraph (6) in respect of the period [F54of incapacity] or any part of that period—                  

(a)the amount which the shipowner must pay to the seafarer under paragraph (4) is to be reduced by that amount; and                  

(b)the shipowner may recover as a civil debt any payments already made to the seafarer to the extent that they exceed such reduced                        amounts.                  

(8) The seafarer must on request provide information to the shipowner as to the amounts received by the seafarer in social security                     benefits during the period [F55of incapacity].                  

(9) The sums payable to the seafarer under paragraphs (2) and (4) must be paid in the same manner and at the same frequency as                     wages are (or, as the case may be, were) payable under the seafarer employment agreement.                  

(10) The seafarer may recover any sum due from the shipowner under paragraph (2) or (4) as a civil debt.

(11) [F56Paragraphs (1) to (10) of this regulation do] not apply to a seafarer where—                  

(a)the injury referred to in paragraph (1) was sustained while the seafarer was not at work;                  

(b)the injury or sickness referred to in paragraph (1) was sustained or arose due to the seafarer's wilful misconduct; or                  

(c)the sickness or incapacity for work existed at the time when the seafarer entered the seafarer employment agreement, and the                        seafarer deliberately concealed the sickness or incapacity from the shipowner.                  

[F57(12)A collective bargaining agreement may exclude or limit the operation of paragraphs (4) to (9) if it complies with paragraph                        (13).                  

(13)A collective bargaining agreement complies with this paragraph if it requires the person responsible under the agreement for                        paying seafarers to pay incapacitated seafarers the relevant amount for the period of incapacity.                  

(14)In paragraph (13)—                  

“incapacitated seafarer” means a seafarer party to the collective bargaining agreement who would otherwise receive a payment                        by virtue of paragraph (4);                  

“relevant amount” in relation to a period of incapacity means the whole or a specified percentage of the basic wages that                        would have been payable under the incapacitated seafarer’s seafarer employment agreement if —                  

the seafarer had remained fit for work; and                           

(where the agreement would otherwise have terminated during the period that the seafarer was not fit for work) the agreement                                 had continued on the same terms throughout that period.                           

(15)The purported termination by any person of a seafarer’s seafarer employment agreement is to have no effect if it is solely                        or mainly for the purpose of avoiding liability to make any payment under this regulation.]                  

F50Words in reg. 50(4) omitted (6.4.2018) by virtue of The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/242), regs. 1, **5(4)(a)(i)**

F51Words in reg. 50(4)(a) substituted (6.4.2018) by The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/242), regs. 1, **5(4)(a)(ii)**

F52Words in reg. 50(4)(b) substituted (6.4.2018) by The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/242), regs. 1, **5(4)(a)(iii)**

F53Reg. 50(5) substituted (6.4.2018) by The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/242), regs. 1, **5(4)(b)**

F54Words in reg. 50(7) substituted (6.4.2018) by The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/242), regs. 1, **5(4)(c)**

F55Words in reg. 50(8) substituted (6.4.2018) by The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/242), regs. 1, **5(4)(c)**

F56Words in reg. 50(11) substituted (6.4.2018) by The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/242), regs. 1, **5(4)(d)**

F57Reg. 50(12)-(15) inserted (6.4.2018) by The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/242), regs. 1, **5(4)(e)**

### Property left behind by sick or injured seafarerU.K.

51.  To the extent it would not otherwise apply, regulation 24(2), (4), (6) to (8), (10), (11) and (13) applies in respect of property                     left behind on board the ship by a seafarer falling within regulation 50(1).                  

### Shipowners' liability in respect of burial or cremation of seafarerU.K.

52.—(1) Subject to paragraph (2), if a seafarer dies while—                  

(a)on board a ship on which the seafarer works; or                  

(b)on shore leave in a country other than the seafarer's country of residence,                  

the shipowner must meet any expenses reasonably incurred in connection with the seafarer's burial or cremation.

(2) The duty in paragraph (1) does not apply to expenses which are met by a public authority.

(3) Where the seafarer's personal representatives incur costs in meeting expenses which should be met by the shipowner under paragraph                     (1), whether by incurring such costs directly or by reimbursing another person who has incurred those costs, those representatives                     may recover those costs from the shipowner as a civil debt.                  

### Interpretation of Part 10U.K.

53.  In this Part—                  

“basic wages” means the pay, however composed, for the seafarer's normal hours of work excluding overtime, bonuses, allowances, paid leave                     and other remuneration; and                  

“wages” means the pay, however composed, for the seafarer's normal hours of work including overtime, allowances, paid leave and                     other remuneration (but excluding bonuses).                  

## [F58PART10AU.K.Security against shipowner’s liability for death or long term disability of seafarers

F58Pt. 10A 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)**

### Interpretation of Part 10AU.K.

53A.In this Part—                  

“shipowner’s security” has the meaning given in regulation 53C;                  

“shipowner’s security document” has the meaning given in regulation 53G(6).                  

### Shipowner’s security requirement applicable to all shipsU.K.

53B.—(1)A ship must not be operated unless—                  

(a)in the case of a ship in a category described in regulation 3(1)(a) or (b), a shipowner’s security is in force in relation                           to the ship; or                  

(b)in the case of a ship in the category described in regulation 3(3), financial security to assure compensation in the event                           of death or long term disability of seafarers arising from occupational illness, injury or hazard is provided in relation                           to the ship in accordance with paragraph 1 of Standard A4.2.1 of the MLC.                  

(2)A breach of paragraph (1) is an offence by the shipowner.                  

### Shipowner’s securityU.K.

53C.—(1)“Shipowner’s security” means a contract of insurance or other form of security relating to a ship that satisfies the first                        and second conditions.                  

(2)The first condition is that the shipowner’s security must provide financial assurance of an amount which the shipowner reasonably                        considers adequate to ensure that the shipowner will be able to meet any liabilities that the shipowner may have, including                        liabilities under seafarer employment agreements, to provide compensation in the event of death or long term disability to                        seafarers arising from occupational injury, illness or hazard.                  

(3)The second condition is that the shipowner’s security must provide that a claim for compensation may be submitted directly                        to the shipowner’s security provider by—                  

(a)any relevant seafarer who sustains a long term disability arising from a relevant occupational injury, illness or hazard;                           and                  

(b)the personal representatives of any deceased relevant seafarer, the death of whom arose from a relevant occupational injury,                           illness or hazard.                  

(4)In this regulation—                  

“relevant occupational injury, illness or hazard” means an occupational injury, illness or hazard—                  

occurring during the period of validity of the shipowner’s security; and                           

in relation to which the shipowner is, or may be, liable to provide compensation to the seafarer or, as the case may be, the                                 seafarer’s estate;                           

“relevant seafarer” means a seafarer whose normal place of work during the period of validity of the shipowner’s security                        is, or was, on board the ship.                  

### Payment of contractual compensationU.K.

53D.—(1)This regulation applies where a claim for contractual compensation is submitted to a shipowner’s security provider.                  

(2)A shipowner’s security provider must pay the contractual compensation to the seafarer, or the seafarer’s personal representative,                        within 7 days beginning with the date on which it is established that the shipowner is liable for the contractual compensation                        either—                  

(a)by agreement between—                  

(i)the shipowner’s security provider; and                  

(ii)the seafarer or the seafarer’s personal representative; or                  

(b)by order of a court or tribunal which is not subject to appeal.                  

(3)A shipowner’s security provider who fails to comply with paragraph (2) must pay to the seafarer, or the seafarer’s personal                        representative, interest on the unpaid amount at the rate of 20% per year beginning with the date that the shipowner’s security                        provider became satisfied of the shipowner’s liability.                  

(4)In this regulation, “claim for contractual compensation” means a claim for compensation in the event of death or long term                        disability of a seafarer arising from occupational injury, illness or hazard where the compensation payable in respect of                        the claim is set out in the seafarer’s seafarer employment agreement, and “contractual compensation” is to be construed accordingly.                  

### Interim paymentsU.K.

53E.—(1)A seafarer is entitled to a payment (an “interim payment”) from a shipowner’s security provider if the following conditions                        are satisfied—                  

(a)the shipowner is liable to pay compensation to the seafarer due to the seafarer having sustained a long term disability arising                           from an occupational injury, illness or hazard;                  

(b)the occupational injury, illness or hazard occurred during the period of validity of the shipowner’s security;                  

(c)the shipowner’s security provides financial assurance in respect of the compensation mentioned in sub-paragraph (a);                  

(d)the full amount of compensation payable has not yet been determined; and                  

(e)the seafarer is suffering hardship.                  

(2)A seafarer entitled under paragraph (1) may make a request for an interim payment to the shipowner’s security provider.                  

(3)A request under paragraph (2) must be supported by evidence that the seafarer satisfies the conditions in paragraph (1).                  

(4)A shipowner’s security provider must within 14 days of receipt of the request from the seafarer determine whether the conditions                        in paragraph (1) are satisfied.                  

(5)If, in contravention of paragraph (4), a shipowner’s security provider does not determine whether the conditions in paragraph                        (1) are satisfied, it must make an interim payment within 21 days of the receipt of the request from the seafarer.                  

(6)Where a shipowner’s security provider determines that the conditions in paragraph (1) are satisfied, it must make the interim                        payment within 21 days of the receipt of the request from the seafarer.                  

(7)The minimum amount of an interim payment is—                  

(a)where an amount in respect of any part of the claim has been determined and payment of that amount would be sufficient to                           alleviate the seafarer’s hardship, the amount so determined; or                  

(b)where no amount in respect of any part of the claim has been determined, or the amount which has been determined is not sufficient                           to alleviate the seafarer’s hardship, the lower of—                  

(i)such amount as would alleviate the seafarer’s hardship; and                  

(ii)75% of the likely total amount of compensation payable in respect of the claim as estimated by the shipowner’s security provider.                  

(8)Where, in contravention of paragraph (5) or (6), a shipowner’s security provider does not make an interim payment, the shipowner’s                        security provider must pay interest on the unpaid amount at a rate of 20% per year from the date of receipt of the request                        from the seafarer.                  

(9)A shipowner’s security provider who makes an interim payment may deduct the amount of the interim payment from the full amount                        of compensation payable in respect of the shipowner’s liability.                  

(10)A shipowner’s security provider who—                  

(a)has made an interim payment under paragraph (5); and                  

(b)subsequently determines that the conditions in paragraph (1) were not satisfied,                  

may recover as a civil debt the amount of the interim payment less any interest payable under paragraph (8).                  

(11)A shipowner’s security provider may recover as a civil debt any proportion of an interim payment which exceeds the full amount                        of compensation payable in respect of a claim.                  

### Offence of undue pressureU.K.

53F.A person is guilty of an offence if the person induces another to accept less than the full amount of compensation payable,                        as set out in a seafarer’s seafarer employment agreement, in respect of the death or long term disability of a seafarer arising                        from occupational injury, illness or hazard.                  

### Duty to carry and display shipowner’s security documentU.K.

53G.—(1)The shipowner must ensure that for each shipowner’s security in force in relation to the ship, a shipowner’s security document                        containing the information specified in Schedule 3 is carried on board.                  

(2)The shipowner must ensure that each shipowner’s security document that relates to the ship and is not in English, has with                        it an English translation.                  

(3)A breach of paragraph (1) or (2) is an offence by the shipowner.                  

(4)The shipowner and master of the ship must ensure that each shipowner’s security document that relates to the ship, together                        with any English translation, is displayed in a conspicuous place on board ship.                  

(5)A breach of paragraph (4) is an offence by the shipowner and the master of the ship.                  

(6)“Shipowner’s security document” means a certificate or other documentary evidence of a shipowner’s security issued by the                        shipowner’s security provider.                  

### Termination of shipowner’s security on notice to the Secretary of StateU.K.

53H.—(1)The termination by a shipowner’s security provider of a shipowner’s security before the end of its period of validity is effective                        only if the shipowner’s security provider gives at least 30 days’ prior notice to the Secretary of State.                  

(2)A notice under paragraph (1) must—                  

(a)be in writing; and                  

(b)include a copy of the shipowner’s security document.                  

### Duty on shipowner’s security provider to notify the Secretary of State where a shipowner’s security has been terminatedU.K.

53I.—(1)If a shipowner’s security provider terminates a shipowner’s security before the end of its period of validity, the shipowner’s                        security provider must give notice to that effect to the Secretary of State.                  

(2)A notice under paragraph (1) must—                  

(a)be in writing; and                  

(b)include a copy of the shipowner’s security document.                  

(3)Failure to give notice under paragraph (1) within the period of 30 days beginning with the date on which the shipowner’s security                        was terminated is an offence by the shipowner’s security provider.                  

### Duty on shipowner to notify seafarers if shipowner’s security is to be terminatedU.K.

53J.—(1)Where a shipowner becomes aware that any shipowner’s security that relates to the ship is to be, or has been, terminated before                        the end of its period of validity, the shipowner must give notice to that effect to all seafarers who work on the ship during                        the notification period.                  

(2)A notice under paragraph (1) must—                  

(a)be in writing;                  

(b)state the date on which the shipowner’s security is to be or was terminated; and                  

(c)be given as soon as reasonably practicable after the shipowner becomes aware that the shipowner’s security is to be or was                           terminated.                  

(3)A breach of paragraph (1) is an offence by the shipowner.                  

(4)In this regulation, the “notification period” means the period —                  

(a)beginning with the date on which the shipowner becomes aware that the shipowner’s security is to be, or has been, terminated                           before the end of its period of validity; and                  

(b)ending with the date that the shipowner becomes aware that the shipowner’s security has been replaced or reinstated.]                  

## [F59PART 10BU.K.Security against the abandonment of seafarers

F59Pt. 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)**

### Interpretation of Part 10BU.K.

53K.In this Part—                  

“abandonment security” has the meaning given in regulation 53N(1);                  

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

“wages” has the same meaning as in Part 10 (see regulation 53).                  

### AbandonmentU.K.

53L.—(1)A seafarer is “abandoned” in relation to a ship if the shipowner—                  

(a)fails to make the provision required under regulation 19 (duty to repatriate seafarers);                  

(b)having regard to the seafarer’s personal circumstances and requirements, leaves the seafarer without necessary maintenance                           and support, including leaving the seafarer without—                  

(i)adequate food;                  

(ii)drinking water supplies;                  

(iii)accommodation;                  

(iv)essential fuel for survival on board the ship; or                  

(v)necessary medical care; or                  

(c)otherwise unilaterally severs ties with the seafarer, including failing to pay any amount in respect of wages payable to the                           seafarer under the seafarer’s seafarer employment agreement for a period of at least two months.                  

(2)An abandoned seafarer ceases to be abandoned in relation to a ship if, after the end of the relevant period, the seafarer                        continues, resumes or takes up new employment on board the ship or is engaged on board the ship.                  

(3)The “relevant period” begins with the day on which the seafarer is abandoned and ends with the earliest of the following events—                  

(a)the seafarer’s arrival in or at—                  

(i)the seafarer’s country of residence;                  

(ii)the destination provided in the seafarer’s seafarer employment agreement as being that to which the seafarer should be returned                           in the event that the seafarer is repatriated; or                  

(iii)such place as the seafarer has agreed in advance with—                  

(aa)the abandonment security provider; or                  

(bb)any person who has made provision for the seafarer’s repatriation;                  

(b)the seafarer refusing unreasonably to be repatriated, or to co-operate with arrangements made for the seafarer’s repatriation;                  

(c)the expiry of a period of 3 months during which the abandonment security provider has used reasonable endeavours to contact                           the seafarer but has been unable to make such contact;                  

(d)the abandonment security provider receives written confirmation from the seafarer that financial assistance is no longer required;                  

(e)the death of the seafarer.                  

### Abandonment security requirement applicable to all shipsU.K.

53M.—(1)A ship must not be operated unless—                  

(a)in the case of a ship in a category described in regulation 3(1)(a) or (b), an abandonment security is in force in relation                           to the ship; or                  

(b)in the case of a ship in the category described in regulation 3(3), financial security is in place for the ship in accordance                           with paragraph 3 of standard A2.5.2 of the MLC (financial security for abandoned seafarers).                  

(2)A breach of paragraph (1) is an offence by the shipowner.                  

### Abandonment securityU.K.

53N.—(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—                  

is submitted directly to the abandonment security provider by—                           

an abandoned seafarer; or                                    

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

is supported by evidence showing that the seafarer is abandoned;                           

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

### Consideration and payment of abandonment claimsU.K.

53O.—(1)This regulation applies where an abandonment claim is made.                  

(2)The abandonment security provider to whom the abandonment claim is made must within 7 days of receipt of the claim determine                        whether the seafarer is entitled to receive financial assistance.                  

(3)An abandonment security provider who determines that a seafarer is entitled to receive financial assistance, whether in relation                        to the whole or any part of an abandonment claim, must within 14 days of receipt of the claim provide such assistance, whether                        or not there are further parts of the claim yet to be determined.                  

(4)An abandonment security provider who in contravention of paragraph (2) fails to determine whether a seafarer is entitled to                        receive financial assistance in relation to the whole or part of an abandonment claim must within 14 days of receipt of the                        claim provide financial assistance in the amount claimed by the seafarer.                  

(5)Where, in contravention of paragraph (3) or (4) financial assistance is not provided, the abandonment security provider must                        pay interest on the unpaid amount at the rate of 20% per year from the date of receipt of the claim.                  

(6)An abandonment security provider who—                  

(a)has provided financial assistance to a seafarer under paragraph (3); and                  

(b)subsequently determines that the seafarer was not entitled to receive the financial assistance,                  

may recover as a civil debt the amount of the financial assistance less any interest payable under paragraph (5).                  

(7)In this regulation “abandonment claim” has the meaning given in regulation 53N(3).                  

### SubrogationU.K.

53P.—(1)Paragraph (2) applies where an abandonment security provider provides financial assistance (“the sum provided”) to a seafarer                        under an abandonment security.                  

(2)Any rights which a seafarer has (or but for the payment of that sum would have had) against the shipowner as a result of being                        abandoned are, with respect to the sum provided, transferred to and vested in the abandonment security provider.                  

### Duty to carry and display an abandonment security documentU.K.

53Q.—(1)The shipowner must ensure that, for each abandonment security in force in relation to the ship, an abandonment security document                        containing the information specified in Schedule 4 is carried on board.                  

(2)The shipowner must ensure that each abandonment security document that relates to the ship and is not in English, has with                        it an English translation.                  

(3)A breach of paragraph (1) or (2) is an offence by the shipowner.                  

(4)The shipowner and the master of a ship must ensure that each abandonment security document that relates to the ship, together                        with any English translation, is displayed in a conspicuous place on board ship.                  

(5)A breach of paragraph (4) is an offence by the shipowner and the master of the ship.                  

(6)“Abandonment security document” means a certificate or other documentary evidence of abandonment security issued by the abandonment                        security provider.                  

### Termination of abandonment security effective only where notice givenU.K.

53R.—(1)The termination by an abandonment security provider of an abandonment security before the end of its period of validity is                        effective only if the abandonment security provider gives at least 30 days’ prior notice to the Secretary of State.                  

(2)A notice under paragraph (1) must—                  

(a)be in writing; and                  

(b)include a copy of the abandonment security document.                  

(3)“Abandonment security document” has the meaning given in regulation 53Q(6).                  

### Duty on shipowner to notify seafarers if abandonment security is to be terminatedU.K.

53S.—(1)Where the shipowner becomes aware that any abandonment security that relates to a ship is to be, or has been, terminated before                        the end of its period of validity, the shipowner must give notice to that effect to all seafarers who work on the ship during                        the notification period.                  

(2)A notice under paragraph (1) must—                  

(a)be in writing;                  

(b)state the date on which the abandonment security is to be or was terminated; and                  

(c)be given as soon as reasonably practicable after the shipowner becomes aware that the abandonment security is to be or was                           terminated.                  

(3)A breach of paragraph (1) is an offence by the shipowner.                  

(4)In this regulation, the “notification period” means the period —                  

(a)beginning with the date on which the shipowner becomes aware that the abandonment security is to be, or has been, terminated                           before the end of its period of validity; and                  

(b)ending with on the date that the shipowner becomes aware that the abandonment security has been replaced or reinstated.]                  

## **PART 11**U.K.Inspection and detention of ships

### Inspection of United Kingdom ships and non-United Kingdom ships without MLC documentationU.K.

54.—(1) For the purpose of checking compliance with these Regulations, a relevant inspector (or, in the case of a United Kingdom ship,                     a proper officer) may at all reasonable times go on board a ship and inspect the ship, its equipment, any articles on it and                     any document carried on it.                  

(2) Section 258(1A), (3) and (5) of the Act F60 (powers to inspect ships and their equipment, etc.) apply in relation to paragraph (1) as if references in those subsections                     to “subsection (1) above” and “this section” were references to paragraph (1).                  

(3) Sections 259(1), (2), (5), (7) and (9) to (12) and 260(1) and (2) of the Act (powers of inspectors in relation to premises                     and ships, and supplementary provisions) apply in relation to the inspection of a ship to which this regulation applies for                     the purpose of checking compliance with these Regulations as if—                  

(a)references in those sections to “this Act” were to these Regulations;                  

(b)for section 259(1)(b) there were substituted a reference to any ship to which this regulation applies;                  

(c)in section 259(2)(h)(iii) the words “or any instrument made under it” were omitted; and                  

(d)in section 259(5) the reference to “subsections (2) and (4) above for the purposes of Chapter II of Part VI” were to “subsection (2) above”, and the reference to “those subsections” were to “that subsection”.                  

(4) Any regulations made under section 259(8) or section 260(3) of the Act apply for the purposes of the provisions of those sections                     as applied by paragraphs (2) and (3) as they apply for the purposes of the Act.                  

(5) Sections 261 to 266 of the Act F61 (improvement notices and prohibition notices) apply for the purposes of these Regulations as if the meaning of “the relevant                     statutory provisions” in section 261(4) included these Regulations.                  

F60Subsection (1A) was inserted by the Merchant Shipping and Maritime Security Act 1997 (c. 28), **Schedule 1**, paragraph 4.

F61Section 261 was amended by the Merchant Shipping and Maritime Security Act 1997, Schedule 6, paragraph 16 and by S.I. 1998/2241 and S.I. 1998/2647. Section 264 was amended by the Arbitration Act 1996 (c. 23), **Schedule 4**, and by the Constitutional Reform Act 2005 (c. 4), **Schedule 11**; there are further amendments made by the Tribunals, Courts and Enforcement Act 2007 (c.15), **section 50** and Schedule 10 which have yet to be brought into force.

### Inspection of non-United Kingdom ships with MLC documentationU.K.

55.—(1) A relevant inspector may—                  

(a)review a ship's Maritime Labour Certificate and Declaration of Maritime Labour Compliance or the ship's interim Maritime Labour                        Certificate; and                  

(b)where Standard A5.2.1 of the MLC (inspections in port) applies, carry out a more detailed inspection in accordance with that                        Standard.                  

(2) Where a relevant inspector has power to inspect a ship under paragraph (1)(b), regulation 54 applies to the relevant inspector                     as if—                  

(a)in paragraphs (1) and (3), for the words “checking compliance with these Regulations” there were substituted “ carrying out an inspection under regulation 55(1)(b) ”; and                  

(b)in paragraph (3), for the words “to which this regulation applies”, in both places where they appear, there were substituted                        “ to which regulation 55(1)(b) applies ”.                  

### Detention of shipsU.K.

56.—(1) Where a relevant inspector has clear grounds for believing that—                  

(a)a ship does not comply with these Regulations; and                  

(i)the conditions on board are clearly hazardous to the safety, health or security of seafarers; or                  

(ii)the non-compliance represents a serious breach or the latest in a series of repeated breaches of these Regulations or the                        requirements of the MLC (including the rights of seafarers referred to in Articles III and IV of the MLC which are secured by it),                  

that ship is liable to be detained.

(2) Where a relevant inspector has clear grounds for believing that—

(a)the shipowner has failed to make provision in connection with which the Secretary of State has incurred costs under regulation                        27; and                  

(b)the Secretary of State has requested reimbursement of those costs but has not been reimbursed,                  

every ship which is owned by the shipowner is liable to be detained.

(3) Where a ship is detained under this regulation and all of the grounds for detention have ceased to apply, a person having                     power to detain the ship must, at the request of the shipowner or the master of the ship, immediately release the ship—                  

(a)if no proceedings for an offence under these Regulations are instituted within the period of seven days beginning with the                        day on which the ship is detained;                  

(b)if proceedings for an offence under these Regulations, having been instituted within that period, are concluded without the                        shipowner or master of the ship being convicted;                  

(c)if either—                  

(i)the sum of £30,000 is paid to the Secretary of State by way of security; or                  

(ii)security which, in the opinion of the Secretary of State, is satisfactory and is for an amount not less than £30,000 is given                        to the Secretary of State,                  

by or on behalf of the shipowner or the master of the ship;

(d)where the shipowner or the master of the ship is convicted of an offence under these Regulations, if any costs or expenses                        ordered to be paid by that person, and any fine imposed on that person, have been paid; or                  

(e)if the release is ordered by a court or tribunal referred to in article 292 of the United Nations Convention on the Law of                        the Sea F62, and any bond or other financial security ordered by such court or tribunal is posted.                  

(4) The Secretary of State must repay any sum paid in pursuance of paragraph (3)(c) or release any security so given—

(a)if no proceedings for an offence under these Regulations are instituted within the period of seven days beginning with the                        day on which the sum is paid or the security is given; or                  

(b)if proceedings for such an offence, having been instituted within that period, are concluded without the shipowner or the                        master of the ship being convicted.                  

(5) Where a sum has been paid, or security has been given, by any person in pursuance of paragraph (3)(c) and the shipowner or                     the master of the ship is convicted of an offence under these Regulations, the sum so paid or the amount made available under                     the security must be applied as follows—                  

(a)first in payment of any costs or expenses ordered by the court to be paid by the shipowner or the master of the ship; and                  

(b)next in payment of any fine imposed by the court,                  

and any balance must be repaid to the first-mentioned person.

(6) Section 145 of the Act (interpretation of references in section 144 to the institution of proceedings or their conclusion                     without conviction) applies for the purposes of paragraphs (3) and (4) as if—                  

(a)references to the owner of a ship were to the shipowner under these Regulations; and                  

(b)references to an offence under section 131 were references to an offence under these Regulations.                  

F62Cmnd. 8941.

### Failure to repatriate - detention of non-United Kingdom ships with MLC documentation at request of foreign StateU.K.

57.—(1) Subject to paragraph (2), a ship is liable to be detained if the Secretary of State receives a request from the consul, diplomatic                     representative or appropriate maritime authorities of another State which has ratified the MLC that the ship be detained pursuant                     to paragraph 6 of Standard [F63A2.5.1] of the MLC (power for States to detain or request detention of ships in connection with a shipowner defaulting in its duty                     to repatriate a seafarer).                  

(2) A ship may not be detained under this regulation unless the Secretary of State receives satisfactory evidence that—

(a)the State has incurred costs pursuant to paragraph 5 of Standard [F64A2.5.1] (repatriation) of the MLC in connection with a failure of the shipowner to comply with its legal duties concerning repatriation;                        and                  

(b)a request for reimbursement has been made but those costs have not been reimbursed.                  

(3) Where a ship is detained under this regulation and the Secretary of State receives—

(a)satisfactory evidence that the costs referred to in paragraph (2) have been reimbursed; or                  

(b)a request from the consul, diplomatic representative or appropriate maritime authorities of the relevant State that the ship                        be released from detention,                  

a person having power to detain the ship must immediately release the ship.

F63Word in reg. 57(1) substituted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, **2(8)**

F64Word in reg. 57(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(8)**

### Supplementary provisions as respects detention of shipsU.K.

58.—(1) The power under regulation 56 or regulation 57 to detain a ship may be exercised as regards a United Kingdom ship wherever                     it may be, but as regards a ship which is not a United Kingdom ship may only be exercised if the ship in question is—                  

(a)in a port or shipyard in the United Kingdom; or                  

(b)at an offshore terminal in United Kingdom waters.                  

(2) A person having powers to detain a ship may permit a ship which is liable to be detained under regulation 56 or regulation                     57 to proceed to sea for the purpose of proceeding to the nearest appropriate repair yard available.                  

(3) Section 284 of the Act F65 (enforcing detention of a ship) applies where a ship is liable to be detained under this regulation as if—                  

(a)references to the owner of a ship were to the shipowner under these Regulations;                  

(b)references to detention of a ship under the Act were references to detention of the ship in question under these Regulations;                        and                  

(c)subsection (7) were omitted.                  

(4) Where a ship is liable to be detained under regulation 56 or regulation 57, the person detaining the ship must serve on the                     master of the ship a detention notice which—                  

(a)states the grounds for the detention; and                  

(b)requires the terms of the notice to be complied with until the ship is released by any person mentioned in section 284(1)                        of the Act.                  

(5) Where a ship other than a United Kingdom ship is detained, the Secretary of State must immediately inform the consul or diplomatic                     representative of the State whose flag the ship is entitled to fly, or the appropriate maritime authorities of that State,                     and invite them to send a representative to attend the ship.                  

F65Section 284 was amended by the Merchant Shipping and Maritime Security Act 1997, section 9 and Schedule 1.

## **PART 12**U.K.Offences and penalties

### PenaltiesU.K.

59.—(1) Subject to paragraphs (2) to (5) [F66and regulation 59A], offences under these Regulations are punishable on summary conviction by a fine not exceeding level 5 on the standard scale.                  

(2) Offences under the following provisions are punishable on summary conviction by a fine not exceeding level 4 on the standard                     scale—                  

(a)regulation 10(3) and (7);                  

(b)regulation 12(4);                  

(c)regulation 15(2), but only in relation to an offence consisting of a breach of regulation 15(1)(b);                  

(d)regulation 36(3);                  

(e)regulation 45(2); F67...                  

(f)regulation 46(2);                  

[F68(g)regulation 53G(3);                  

(h)regulation 53I(3); and                  

(i)regulation 53Q(3).]                  

(3) Offences under the following provisions are punishable on summary conviction by a fine not exceeding level 3 on the standard                     scale—                  

(a)regulation 12(8);                  

(b)regulation 13(3);                  

(c)regulation 24(5), (9) and (12);                  

(d)regulation 25(3);                  

(e)regulation 28(4), but only in relation to an offence consisting of a breach of regulation 28(3)(b);                  

(f)regulation 29(5);                  

(g)regulation 33(5), but only in relation to an offence consisting of a breach of regulation 33(4)(a);                  

(h)regulation 36(5); F69...                  

(i)regulation 41(4), but only in relation to an offence consisting of a breach of regulation 41(3)(b);                  

[F70(j)regulation 53G(5); and                  

(k)regulation 53Q(5).]                  

(4) Offences under the following provisions are punishable on summary conviction by a fine not exceeding level 2 on the standard                     scale—                  

(a)regulation 17(5);                  

(b)regulation 18(2);                  

(c)regulation 24(3);                  

(d)regulation 29(7); and                  

(e)regulation 33(5), but only in relation to an offence consisting of a breach of regulation 33(4)(b).                  

(5) Offences under the following provisions are punishable on summary conviction by a fine not exceeding [F71the statutory maximum] or on conviction on indictment to imprisonment for a term not exceeding two years or to a fine, or to both—                  

(a)regulation 29(3);                  

(b)regulation 30(4);                  

(c)regulation 31(3);                  

(d)regulation 32(4);                  

(e)regulation 33(3);                  

(f)regulation 37(8); [F72and]                  

(g)regulation 41(9). F73...                  

F74(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

F66Words in reg. 59(1) inserted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, **2(9)(a)**

F67Word in reg. 59(2)(e) 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(9)(b)(i)**

F68Reg. 59(2)(g)-(i) inserted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, **2(9)(b)(ii)**

F69Word in reg. 59(3)(h) 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(9)(c)(i)**

F70Reg. 59(3)(j)(k) inserted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, **2(9)(c)(ii)**

F71Words in reg. 59(5) substituted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, **2(9)(d)(i)**

F72Word in reg. 59(5)(f) inserted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, **2(9)(d)(ii)**

F73Word in reg. 59(5)(g) 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(9)(d)(iii)**

F74Reg. 59(5)(h) 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(9)(d)(iv)**

### [F75Further provision on penaltiesU.K.

59A.—(1)Offences under the provisions listed in paragraph (2) are punishable on summary conviction—                  

(a)in England and Wales, by a fine;                  

(b)in Scotland and Northern Ireland, by a fine not exceeding level 5 on the standard scale.                  

(2)The provisions referred to in paragraph (1) are—                  

(a)regulation 53J(3);                  

(b)regulation 53M(2);                  

(c)regulation 53S(3).                  

(3)Offences under the provisions listed in paragraph (4) are punishable—                  

(a)on summary conviction—                  

(i)in England and Wales, by a fine;                  

(ii)in Scotland or Northern Ireland, by a fine not exceeding the statutory maximum; or                  

(b)on conviction on indictment, by imprisonment for a term not exceeding two years or a fine, or both.                  

(4)The provisions referred to in paragraph (3) are—                  

(a)regulation 53B(2);                  

(b)regulation 53F.]                  

F75Reg. 59A inserted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, **2(10)**

### DefenceU.K.

60.  In any proceedings for an offence under these Regulations (other than an offence under regulation 10(5)) it is a defence for                     the person charged to show that all reasonable steps had been taken by that person to ensure compliance with the provision                     concerned.                  

## **PART 13**U.K.Review

### ReviewU.K.

61.—(1) The Secretary of State must from time to time—                  

(a)carry out a review of these Regulations;                  

(b)set out the conclusions of the review in a report; and                  

(c)publish the report.                  

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the MLC is implemented                     in other member States.                  

(3) The report must in particular—

(a)set out the objectives intended to be achieved by these Regulations;                  

(b)assess the extent to which those objectives are achieved; and                  

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that                        imposes less regulation.                  

(4) The first report under this regulation must be published before the end of the period of five years beginning with the day                     on which these Regulations come into force.                  

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

Signed by authority of the Secretary of State for Transport

Stephen Hammond

 Parliamentary Under Secretary of State

 Department for Transport

 Regulation 10(1)

## SCHEDULE 1U.K.Provision to be included in a Seafarer Employment Agreement

### **PART 1**U.K.Provision to be included in all agreements

1.  The full name, birthplace and date of birth (or age at the time of entering into the agreement) of the seafarer.U.K.

2.  The name and address of the shipowner.U.K.

3.  The place where the agreement is entered into.U.K.

4.  The date on which the agreement is entered into.U.K.

5.  The capacity in which the seafarer is to work.U.K.

6.  If the agreement has been made for a definite period, the termination date.U.K.

7.  If the agreement has been made for an indefinite period, the period of notice of termination required and the circumstances                     in which such notice may be given.U.K.

8.  If the agreement has been made for a particular voyage, the destination port and the period following arrival after which                     the agreement terminates.U.K.

9.  The health and social security protection benefits to be provided to the seafarer under the agreement.U.K.

10.  The maximum period of service on board following which the seafarer is entitled to repatriation (which must not exceed a period                     of 12 months less the number of days statutory paid leave to which the seafarer is entitled).U.K.

11.  The seafarer's entitlement to repatriation (including the mode of transport and destination of repatriation).U.K.

12.  The circumstances in which the seafarer is required to meet or reimburse the shipowner for the costs of repatriation.U.K.

13.  The maximum sum which the shipowner will pay to the seafarer in respect of compensation for any loss of personal property                     arising from the loss or foundering of the ship.U.K.

14.  Details of any collective bargaining agreement which is incorporated (in whole or in part) into the agreement or is otherwise                     relevant to it.U.K.

### **PART 2**U.K.Provision to be included where seafarer is an employee

1.  The wages (either the amount or the formula to be used in determining them).U.K.

2.  The manner in which wages must be paid, including payment dates (the first of which must be no more than one month after the                     date on which the agreement is entered into, with all subsequent dates being no more than one month apart) and the circumstances                     (if any) in which wages may or must be paid in a different currency.U.K.

3.  The hours of work.U.K.

4.  The paid leave (either the amount or the formula to be used in determining it).U.K.

5.  Any pension arrangements, including any entitlement to participate in a pension scheme.U.K.

6.  The grievance and disciplinary procedures.U.K.

### **PART 3**U.K.Provision to be included where seafarer is not an employee

1.  The remuneration (either the amount or the formula to be used in determining it).U.K.

2.  The manner in which the remuneration must be paid, including payment dates (the first of which must be no more than one month                     after the date on which the agreement is entered into, with all subsequent dates being no more than one month apart) and the                     circumstances (if any) in which the remuneration may or must be paid in a different currency.U.K.

 Regulation 12(6)

## SCHEDULE 2U.K.Provision to be included in a written record of work on a ship

1.  Name, port of registry, gross or register tonnage and official number of the ship.U.K.

2.  Description of voyage.U.K.

3.  Capacity in which seafarer worked on the ship.U.K.

4.  Date on which seafarer started work on the ship.U.K.

5.  Date and location of seafarer's discharge from the ship.U.K.

Regulation 53G

## [F76SCHEDULE 3U.K.Information to be included in a shipowner’s security document

F76Sch. 3 inserted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, **2(11)**

1.The information to be included in a shipowner’s security document is—U.K.

(a)the name of the ship to which the shipowner’s security relates;

(b)the port of registry of the ship;

(c)the call sign of the ship;

(d)the International Maritime Organisation number of the ship;

(e)the name and address of the shipowner’s security provider;

(f)the contact details of the point of contact at the shipowner’s security provider responsible for handling claims made by seafarers;

(g)the name of the owner of the ship;

(h)the period of validity of the shipowner’s security;

(i)a declaration from the shipowner’s security provider that the shipowner’s security meets the requirements of standard A4.2.1                           of the MLC.]

Regulation 53Q

## [F77SCHEDULE 4U.K.Information to be included in an abandonment security document

F77Sch. 4 inserted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, **2(11)**

1.The information to be included in an abandonment security document is—U.K.

(a)the name of the ship to which the abandonment security relates;

(b)the port of registry of the ship;

(c)the call sign of the ship;

(d)the International Maritime Organisation number of the ship;

(e)the name and address of the abandonment security provider;

(f)the contact details of the point of contact at the abandonment security provider responsible for handling seafarers’ abandonment                           claims;

(g)the name of the owner of the ship;

(h)the period of validity of the abandonment security;

(i)a declaration from the abandonment security provider that the abandonment security meets the requirements of standard A2.5.2                           of the MLC.]

## Explanatory Note

(This note is not part of the Regulations)

These Regulations implement the following provisions relating to seafarers' working conditions and entitlements:

those parts of the Maritime Labour Convention, 2006 (Cm 7049) (“the MLC”) referred to below and their related mandatory Standards;

the corresponding parts of the Agreement set out in the Annex to Council Directive 2009/13/EC (“the 2009 Directive”) of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners' Associations (ECSA) and the European Transport Workers' Federation (ETF) on the Maritime Labour Convention, 2006 (O.J. L124, 20.5.2009, p. 30);                                 and                              

clauses 6 and 11 of the Agreement set out in the Annex to Council Directive 1999/63/EC (“the 1999 Directive”) concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners'                                 Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST) (O.J. L167, 2.7.1999, p. 33),                                 as amended by Article 2(3) of the 2009 Directive.                              

With some exceptions (including pleasure vessels and fishing vessels) the Regulations apply to sea-going United Kingdom ships,                        wherever they are, and to sea-going non-United Kingdom ships whilst in United Kingdom waters (*regulation 3*).                     

Part 2 implements Regulation 1.1 of the MLC (Minimum age). Persons under the age of 16 must not work as seafarers and, with                        some exceptions, seafarers under the age of 18 must not work on ships at night (*regulations 4 and 5*). Separate provision is made in respect of non-United Kingdom ships with MLC documentation (*regulation 6*).                     

Part 3 implements part of Regulation 1.4 of the MLC (Recruitment and placement) and applies to all ships within the scope                        of the Regulations. When recruiting seafarers, a shipowner must only use a recruitment and placement service which is (a)                        based in a country which has ratified the MLC or (b) based in another country and compliant with the MLC standards (irrespective                        of whether it is required to be so under the domestic law of that country).                     

Part 4 implements Regulation 2.1 of the MLC (Seafarers' employment agreements). Every seafarer is required to have a seafarer                        employment agreement (a “SEA”) with another person in respect of their work on a ship and the SEA must contain certain specified                        provisions (*regulations**9 and 10*). *Regulations 11 to 14* make related provision. Separate provision is made in respect of non-United Kingdom ships with MLC documentation (*regulation 15*).                     

Part 5 implements Regulation 2.2 of the MLC (Wages). Provision is made for the payment of interest on wages or other remuneration                        due to a seafarer which are not paid on time (*regulation 16*). Seafarers are entitled to receive an account of the wages or other remuneration due to them, at intervals not exceeding                        one month (and also following the termination of a SEA) (*regulation 17*). Separate provision is made in relation to non-United Kingdom ships with MLC documentation (*regulation 18*).                     

Part 6 implements Regulation 2.5 of the MLC (Repatriation). In the cases specified, a shipowner must make provision for the                        repatriation of a seafarer (*regulations 19 to 21*) and the shipowner is required to make provision for that seafarer's relief and maintenance pending repatriation (*regulation 22*). A seafarer must not be required to pay towards the costs of such repatriation or relief and maintenance, other than in                        cases of serious misconduct (*regulation 23*). *Regulation 24* makes provision with respect to seafarer property left behind on a ship. *Regulation 25* requires that a copy of Part 6 of these Regulations and certain specified guidance is held on board ships and made available                        to seafarers. Where a shipowner fails to make provision for the repatriation of seafarers, or for their relief and maintenance                        pending repatriation, the Secretary of State is required to make such provision in the case of United Kingdom ships (and *may* do so in relation to non-United Kingdom ships) (*regulation 27*). Separate provision with regard to the repatriation of seafarers is made in respect of non-United Kingdom ships with MLC                        documentation (*regulation 28*).                     

*Regulation 26,* which applies to all ships within the scope of these Regulations, requires a contract of insurance or other security, adequate                        to ensure that the shipowner will be able to meet any liabilities arising from the duty to repatriate under regulations 19                        and 21, to be in place.                     

Part 7 implements Regulation 3.1 of the MLC (Accommodation and recreational facilities). Ships are required to comply with                        the requirements relating to crew accommodation set out in Merchant Shipping Notice 1844 (M) and there are related inspection                        requirements (*regulation 29*). Provision is made to allow the Secretary of State to exempt ships from certain requirements in that Notice and to approve                        requirements which are substantially equivalent (*regulations 31 and 32*). Ships which were built before the coming into force of these Regulations (and whose crew accommodation has not been substantially                        reconstructed or altered after that date) are subject to requirements in earlier legislation (*regulation 30*). Separate provision is made with respect to non-United Kingdom ships with MLC documentation (*regulation 33*).                     

Part 8 implements Regulation 3.2 of the MLC (Food and catering). Provision is made in relation to the quantity and quality                        of food and drinking water provided for seafarers on board a ship and such food and water must be provided free of charge                        (*regulation 34*). Provision is made in relation to the storage and handling of food and drinking water provided for seafarers and the organisation                        and equipment of catering departments on board ships, with related inspection requirements (*regulations 35 and 36*). Certain ships are required to carry a qualified ship's cook (*regulation 37*). Provision is made to allow the Secretary of State to exempt ships from that requirement and to approve requirements which                        are substantially equivalent (*regulation 37).* Related provision is made in relation to the issue of certificates of competency as a ship's cook and the recognition of                        existing certificates of competency (*regulations 38 and 39*). *Regulation 40* imposes requirements in relation to the training of catering staff and other persons processing food in the galley of a ship.                        Separate provision is made in relation to food and catering on board non-United Kingdom ships with MLC documentation (*regulation 41*).                     

Part 9 implements Regulation 4.1 of the MLC (Medical care on board ship and ashore). In specified circumstances, a seafarer                        who is sick or injured is entitled to medical care on board ship and, for a maximum period of 16 weeks, to certain expenses                        arising from such sickness or injury (*regulation 43*). Certain ships are required to carry a medical practitioner (as defined – *see regulation 47*) *(regulation 44*). In the circumstances specified, a seafarer is entitled to seek medical attention onshore when the ship is in a port of                        call (*regulation 45*). Separate provision is made in respect of non-United Kingdom ships with MLC documentation (*regulation 46*).                     

Part 10 implements Regulation 4.2 of the MLC (Shipowners' liability). Other than *regulation 49* (which applies to all ships within the scope of the Regulations), Part 10 applies to United Kingdom ships and to non-United                        Kingdom ships without MLC documentation only. A seafarer who has become unemployed when the ship on which they work founders                        or is lost is entitled to receive a sum equivalent to the wages which would have been payable during the period specified                        and to compensation for other injury or loss (*regulation 48*). A seafarer who suffer sickness or injury in the circumstances specified is entitled to any unpaid wages (as defined – *see regulation 53*) for a specified period (*regulation 50*). A seafarer who remains incapable of work after that period is entitled to receive any basic wages (also defined *in regulation 53*) payable under the SEA for a 16 week period (less the amount of any social security benefits received in respect of that                        period). Provision is made in respect of property left behind on a ship by such a seafarer (*regulation 51*). Provision is made in respect of expenses incurred in connection with the burial or cremation of a seafarer who dies on                        board a ship or whilst on shore leave in a country other than their country of residence (*regulation 52*).                     

Shipowners are required to ensure that a contract of insurance (or other security) is in force which adequately covers potential                        liabilities towards seafarers (*regulation 49*).                     

Part 11 confers powers to allow the inspection and detention of ships where breaches of these Regulations have occurred. Provision                        is made for the detention of a non-United Kingdom ship with MLC documentation at the request of a foreign State where a shipowner                        has defaulted in its duty to repatriate a seafarer (*regulation 57*).                     

Criminal penalties are attached to many of the requirements in the Regulations. Part 12 specifies the mode of trial and the                        maximum penalty level applicable to each offence (*regulation 59*) and provides a “reasonable steps” defence for all offences (except an offence under regulation 10(5)) (*regulation 60*).                     

Part 13 contains a provision requiring the Secretary of State to review the Regulations and to publish a report of that review                        within five years of their coming into force (and within every five years after that). Following a review it will fall to                        the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or be amended. A further                        instrument would be needed to revoke the relevant provisions or to amend them.                     

Merchant Shipping Notices and Marine Guidance Notes are published by the Maritime and Coastguard Agency. Copies may be downloaded                        from the MCA's website https://www.gov.uk/government/organisations/maritime-and-coastguard-agency or by e-subscription from mnotices@ecgroup.co.uk                        with ‘Subscribe’ in the subject heading, or obtained from M-Notices Subscriptions, PO Box 362, Europa Park, Grays Essex RM17 9AY, tel 01375 484548, fax 01375 484556.                     

The MLC may be downloaded from the website of the International Labour Organisation (“ILO”) at www.ilo.org/global/standards/maritime-labour-convention/lang--en/index.htm.                        Copies of the MLC may be obtained from www.tsoshop.co.uk, by e-mail from customer.services@tso.co.uk or by post from TSO, P.O. Box 29, Norwich, NR3 IGN, tel: +44 (0)870 600 5522/fax: +44 (0)870 600 5533, as a priced publication. Copies of the                        STCW Convention may be obtained via the website of the International Maritime Organization (“IMO”) at www.imo.org/Publications, by e-mail from sales@imo.org or by post from the IMO, 4 Albert Embankment, London SE1 7SR,                        tel: + 44 (0)20 7735 7611/fax: + 44 (0)20 7587 3241 as a priced publication.                     

Nine full impact assessments of the effect that this instrument will have on the costs of business and the voluntary sector                        are published with the Explanatory Memorandum alongside this instrument on www.legislation.gov.uk.