The Merchant Shipping (Working Time: Inland Waterways) (Amendment) Regulations 2017

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

3.—(1) In regulation 2(1) (interpretation) at the appropriate places insert—

““free health assessment” means a health assessment which is free of charge to the worker to whom it relates;”;

““passenger” means any person carried in a vessel other than—

(a)

the master, a member of the crew or other person employed or engaged in any capacity on board the vessel on the business of the vessel,

(b)

a person on board the vessel in pursuance of an obligation laid upon the master to carry shipwrecked, distressed or other persons or by reason of any circumstance that neither the master nor the owner could have prevented or forestalled, and

(c)

a child under one year old;”;

““passenger ship” means a vessel carrying more than 12 passengers;”;

““pleasure vessel” means—

(a)

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

(i)

in the case of a vessel wholly owned by—

(aa)

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

(bb)

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

(ii)

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

(b)

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 paragraph (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;;”;

““reference period” means—

(a)

52 weeks, or

(b)

where the duration of the worker’s employment relationship is less than 52 weeks, the length of the worker’s employment relationship;”;

““rest day” means an uninterrupted rest period of 24 hours which the worker spends in a place of the worker’s own choosing;”;

““shift work” means any method of organising work in shifts whereby workers succeed each other at the same workstations according to a certain pattern, including a rotating pattern, and which may be continuous or discontinuous, entailing the need for workers to work at different times over a given period of days or weeks;”;

““shift worker” means any worker whose work involves shift work;”;

““work schedule” means a document containing the planned working days and rest days which is communicated to the worker in advance by the employer;”;

““working day” means any 24 hour period that includes working time;”;

““workstation” means any place where the worker carries out the worker’s duties.”.

(2) For the definition of “night time”, substitute—

““night time” means the period between 11 p.m. and 6 a.m.;”.

(3) For the definition of “worker”, substitute—

““worker” means a person employed (or, where the employment has ceased, who was employed) as a member of the travelling personnel of a ship to which these Regulations apply by an undertaking which operates services for passengers or goods but does not include a person who—

(a)

owns a business operating such services, or

(b)

is training in a sail training vessel or a person who is not engaged in the navigation of, or has no emergency safety responsibilities on, such a vessel;”.

(4) For “workforce agreeement”, substitute “workforce agreement”.

(5) In the definition of “working time”, in sub-paragraph (a), after “period” insert “, including overtime,”.