The Merchant Shipping (Medical Examination) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and substantially re-enact the Merchant Shipping (Medical Examination) Regulations 1983, as amended. These Regulations remove the previous restriction on application based on tonnage and apply to sea-going ships, irrespective of tonnage. The Regulations also make new provision in relation to the period of validity of medical fitness certificates and in relation to seafarers on watchkeeping duties.

The Regulations give effect in part to Convention 147 of the International Labour Organization entitled the Merchant Shipping (Minimum Standards) Convention 1976 (ratified by the United Kingdom on 28th November 1980), as supplemented by Protocol 147 to that Convention (ratified by the United Kingdom on 29th June 2001). Convention 147 requires provisions to be made substantially equivalent to those of (amongst other Conventions) Convention 73 entitled the Medical Examinations (Seafarers) Convention 1946 which is in force but has not been ratified by the United Kingdom. The Regulations also give effect to Clause 13 of the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association and the Federation of Transport Workers' Unions in the European Union which is annexed to Council Directive 1999/63/EC.

The Regulations:

• apply to sea-going United Kingdom ships other than fishing vessels, pleasure vessels and offshore installations whilst on their working stations (regulation 3);

• prohibit the employment of seafarers in such a ship unless they hold a valid medical fitness certificate and provide for certain other medical certificates to be treated as equivalent (regulations 4, 5 and 6);

• provide for the issue of medical fitness certificates, on payment of the prescribed fee, by medical practitioners approved by the Secretary of State (regulation 7);

• provide for the period of validity of medical fitness certificates (regulation 8), for the suspension or cancellation of certificates in specified circumstances (regulation 9), and for the review of a refusal of a medical fitness certificate, or the suspension or cancellation of a certificate, by a medical referee appointed by the Secretary of State (regulation 10); and

• provide for the transfer to day work of seafarers who are suffering health problems due to performing work at night (regulation 11).

Regulation 12 provides for the keeping of records and the making of returns by medical practitioners.

Regulations 13 to 17 provide for inspection, detention, compensation and penalties.

A Regulatory Impact Assessment has been produced and a copy placed in the library of both Houses of Parliament. Copies may be obtained from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone number 023 8032 9380).

Merchant Shipping Notices are published by the Maritime and Coastguard Agency. Copies may be obtained from Mail Marketing (Scotland), Unit 6, Bloomsgrove Industrial Estate, Norton Street, Nottingham NG7 3JG (telephone: [phone]; fax: [phone]; e-mail address: [e-mail]).

The Codes of Practice are published by, and copies may be obtained from, The Stationery Office.

International Labour Organization Conventions are published by the International Labour Office and copies may be obtained from ILO Publications, International Labour Office, CH-211 Geneva 22, Switzerland.

A Transposition Note has been prepared and copies may be obtained from the Seafarer Health and Safety Branch of the Maritime and Coastguard Agency.