The Merchant Shipping (Hours of Work) (Amendment) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Merchant Shipping (Hours of Work) Regulations 2002 (“the 2002 Regulations”). The most significant amendment, in regulation 2(3)(a), amends regulation 3(1)(b) of the 2002 Regulations (application) by extending the provisions relating to inspections of ships and rectification of deficiencies to ships not registered in the United Kingdom or other member States of the European Union.

Convention 180 of the International Labour Organization (seafarer’s hours of work and the manning of ships) came into force on 10^th January 2003. From that date Directive 1999/95/EC of the European Parliament and of the Council (concerning the enforcement of provisions in respect of seafarers' hours of work on board ships calling at Community ports) (OJ L 014, 20.1.2000, p.29) takes effect in relation to all ships including ships not registered in the territory of, or flying the flag of, a member State of the European Union.

The Regulations give effect to this provision and make amendments consequential upon it (regulation 2(2)(b) and (5)); bring to an end an exclusion in the 2002 Regulations in relation to certain sea-going tugs (regulation 2(3)(b)); and make other minor changes to the 2002 Regulations.

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

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.)