The Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018

Regulation 31

SCHEDULE 2 U.K. CONSEQUENTIAL AMENDMENTS

1.  In the Employment Tribunals Act 1996 M1 — U.K.

(a) in section 18(1), for paragraph (n) substitute—

“(n) under regulation 26 of the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (S.I. 2018/58).”;

(b) in section 21(1), for paragraph (z) substitute—

“(z) the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (S.I. 2018/58).”.

Marginal Citations

M1 1996 c.17. Section 18 was amended by sections 7 and 9 of, and paragraph 5 of Schedule 1 to, the Enterprise and Regulatory Reform Act 2013 (c.24) and S.I. 2014/431; there are other amending enactments but none are relevant. Section 21 was amended by section 1 of the Employment Rights (Dispute Resolution) Act 1998 (c.8), S.I. 1998/1833 and S.I. 2014/308; there are other amending enactments but none are relevant.

2.  In the Employment Rights Act 1996 M2 — U.K.

(a) in section 45A(5), for paragraph (d) substitute—

“(d) the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (S.I. 2018/58).”;

(b) in section 101A(2), for paragraph (d) substitute—

“(d) the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (S.I. 2018/58).”;

(c) in section 104(4)(d), for “the Merchant Shipping (Hours of Work) Regulations 2002” substitute “ the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (S.I. 2018/58) ”.

Marginal Citations

M2 1996 c.18. Section 45A was added by S.I. 1998/1833 and was amended by S.I. 2003/3049 and S.I. 2014/308; there are other amending enactments but none are relevant. Section 101A was added by 1998/1833 and subsection (2) was inserted by S.I. 2003/3049, and amended by S.I. 2004/1713, S.I. 2008/1660 and S.I. 2014/308. Section 104(4)(d) was inserted by S.I. 1998/1833 and amended by S.I. 2004/1713, S.I. 20008/1660 and S.I. 2014/308.

3.  In the Employment Rights (Northern Ireland) Order 1996 M3 — U.K.

(a) in article 68A(5), for sub-paragraph (d) substitute—

“(d) the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018.”;

(b) in article 132A(2), for sub paragraph (d) substitute—

“(d) the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018.”;

(c) in article 135(4)(d) for “the Merchant Shipping (Hours of Work) Regulations 2002” substitute “ the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 ”.

Marginal Citations

M3 S.I. 1996/1919 (N.I. 16). Article 68A was inserted by S.R. 1998 No. 386 and Article 68A(5) was inserted by S.I. 2003/3049 and amended by S.I. 2014/308. Article 132A was inserted by S.R. 1998 No. 386 and Article 132A(2) was inserted by S.I. 2003/3049 and amended by S.I. 2014/308. Article 135(4)(d) was inserted by S.R. 1998 No. 386 and amended by S.I. 2004/1713 and S.I. 2014/308. S.R. 1998 No. 386 was revoked by S.R. 2016 No. 49 but the amendments to S.I. 1996/1919 (N.I. 16) were saved. There are other instruments amending articles 68A, 132A and 135 but none are relevant.

4.  In the Industrial Tribunals (Northern Ireland) Order 1996 M4 , in article 20(1), for sub-paragraph (u) substitute— U.K.

“(u) under regulation 26 of the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018.”.

Marginal Citations

M4 S.I. 1996/1921 (N.I. 18). Article 20 was amended by S.I. 2014/1614, by S.R. 2014 No. 88 and section 8 of the Employment Act (Northern Ireland) 2011 (c.13 (N.I.)); there are other amending enactments but none are relevant.

5.  In the Working Time Regulations 1998 M5 , in regulation 18(1)(a), for “the Merchant Shipping (Hours of Work) Regulations 2002” substitute “ the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 ”. U.K.

Marginal Citations

M5 S.I. 1998/1833. Regulation 18 was amended by S.I. 2003/1684, S.I. 2003/3049, S.I. 2004/1713 and S.I. 2014/308.

6.  In the Working Time Regulations (Northern Ireland) 2016 M6 , in regulation 22(1)(a), for “the Merchant Shipping (Hours of Work) Regulations 2002” substitute “ the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 ”. U.K.

Marginal Citations

M6 S.R. 2016 No. 49.

7.  In the Merchant Shipping (Fees) Regulations 2006 M7 , in Part 1 of Schedule 1, in the table in paragraph 1, in Section K (manning and certification)— U.K.

(a) in the first column, for the entry relating to the Merchant Shipping (Hours of Work) Regulations 2002 substitute “ Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 ”;

(b) in the second column, omit “2002/2125”; and

(c) in the third column, omit “2003/3049”.

Marginal Citations

M7 S.I. 2006/2055.

8.  In the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 M8 , in Part 2 of the Schedule— U.K.

(a) omit “Merchant Shipping (Hours of Work) Regulations 2002”; and

(b) insert in the appropriate place “ Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 ”.

Marginal Citations

M8 S.I. 2007/3544. There are no relevant amending instruments.

9.  In the Merchant Shipping (Boatmasters' Qualifications, Crew and Hours of Work) Regulations 2015 M9 , in regulation 43(b)— U.K.

(a) omit paragraph (ii); and

(b) after paragraph (iii), insert—

“(iv) the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018.”.

Marginal Citations

M9 S.I. 2015/410.