(1)The Board of Trade may make regulations for securing, as far as practicable, safe working conditions and safe means of access for masters and seamen employed in ships registered in the United Kingdom and for requiring the reporting of injuries sustained by them.
(2)Without prejudice to the generality of the preceding subsection, regulations under this section may—
(a)require the maintenance, inspection and testing of any equipment and impose conditions on its use;
(b)require, prohibit, or regulate the use of any material or process;
(c)require the provision and use of any protective clothing or equipment;
(d)limit the hours of employment of seamen in any specified operation or in any specified circumstances;
(e)make provision for the discharge, by persons appointed from among the persons employed in a ship, of functions in connection with the arrangements to be made under the regulations.
(3)Regulations under this section may make different provisions for different descriptions of ship and for ships of the same description in different circumstances.
(4)The Board of Trade may grant exemptions from any requirement of regulations under this section in respect of any ship or description of ship.
(5)Regulations under this section may make a contravention of any provision thereof an offence punishable on [F1conviction on indictment with a fine and on summary conviction with a fine not exceeding £1,000].
Textual Amendments
F1Words substituted by Merchant Shipping Act 1979 (c. 39), Sch. 6 Pt. VII para. 18
Modifications etc. (not altering text)
C1S. 19(5) amended by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 49(1)
(1)The Board of Trade may make regulations with respect to the crew accommodation to be provided in ships registered in the United Kingdom.
(2)Without prejudice to the generality of the preceding subsection, regulations made under this section may, in particular—
(a)prescribe the minimum space per man which must be provided by way of sleeping accommodation for seamen and the maximum number of persons by whom a specified part of such sleeping accommodation may be used;
(b)regulate the position in the ship in which the crew accommodation or any part thereof may be located and the standards to be observed in the construction, equipment and furnishing of any such accommodation;
(c)require the submission to a surveyor of ships of plans and specifications of any works proposed to be carried out for the purpose of the provision or alteration of any such accommodation and authorise the surveyor to inspect any such works; and
(d)provide for the maintenance and repair of any such accommodation and prohibit or restrict the use of any such accommodation for purposes other than those for which it is designed.
(3)Regulations under this section may make different provision with respect to different descriptions of ships or with respect to ships which were registered in the United Kingdom at different dates or the construction of which was begun at different dates and with respect to crew accommodation provided for seamen of different descriptions.
(4)Regulations under this section may exempt ships of any description from any requirements of the regulations and the Board of Trade may grant other exemptions from any such requirement with respect to any ship.
(5)Regulations made under this section may require the master of a ship or any officer authrised by him for the purpose to carry out such inspections of the crew accommodation as may be prescribed by the regulations.
(6)If the provisions of any regulations made under this section are contravened in the case of a ship the owner or master shall be liable on summary conviction to a fine not exceeding [F2level 5 on the standard scale], and the ship, if in the United Kingdom, may be detained.
(7)In this section “crew accommodation ” includes sleeping rooms, mess rooms, sanitary accommodation, hospital accommodation, recreation accommodation, store rooms and catering accommodation provided for the use of seamen but does not include any accommodation which is also used by or provided for the use of passengers.
Textual Amendments
F2Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46; (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (N.I.) S.I. 1984/703 (N.I. 3), art. 5
Textual Amendments
F3S. 21 repealed by S.I. 1989/102, reg. 1(3)(a)
(1)If three or more seamen employed in a ship registered in the United Kingdom consider that the provisions or water provided for the seamen employed in that ship are not in accordance with [F4Safety regulations made under section 21 of the Merchant Shipping Act 1979 containing requirements as to the provisions and water to be provided on ships] (whether because of bad quality, unfitness for use in deficiency in quantity) they may complain to the master, who shall investigate the complaint.
(2)If the seamen are dissatisfied with the action taken by the master as a result of his investigation or by his failure to take any action they may state their dissatisfaction to him and may claim to complain to a superintendent or proper officer; and thereupon the master shall make adequate arrangements to enable the seamen to do so as soon as the service of the ship permits.
(3)The superintendent or proper officer to whom a complaint has been made under this section shall investigate the complaint and may examine the provisions or water or cause them to be examined.
(4)If the master fails without reasonable cause to comply with the provisions of subsection (2) of this section he shall be liable on summary conviction to a fine not exceeding [F5level 3 on the standard scale], and if he has been notified in writing by the person making an examination under subsection (3) of this section that any provisions or water are found to be unfit for use or not of the quality required by the regulations, then,—
(a)if they are not replaced within a reasonable time the master or owner shall be liable on summary conviction to a fine not exceeding [F6level 4 on the standard scale] unless he proves that the failure to replace them was not due to his neglect or default; and
(b)if the master, without reasonable cause, permits them to be used he shall be liable on summary conviction to a fine not exceeding [F6level 4 on the standard scale].
Textual Amendments
F4Words substituted by S.I. 1989/102, reg. 1(3)(b)
F5Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46; (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (N.I.) S.I. 1984/703 (N.I. 3), art. 5
F6Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46; (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (N.I.) S.I. 1984/703 (N.I. 3), art. 5
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Textual Amendments
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Textual Amendments
F8S. 24 repealed by S.I. 1988/1547, reg. 1(2)(a)
Where a ship registered in the United Kingdom does not carry a doctor among the seamen employed in it the master shall make arrangements for securing that any medical attention on board the ship is given either by him or under his supervision by a person appointed by him for the purpose.
If a person, while employed in a ship registered in the United Kingdom, receives outside the United Kingdom any surgical or medical treatment or such dental or optical treatment (including the repair or replacement of any appliance) as cannot be postponed without impairing efficiency, the reasonable expenses thereof shall be borne by the persons employing him; and if he dies while so employed and is buried or cremated outside the United Kingdom, the expenses of his burial or cremation shall also be borne by those persons.