The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014

PART 1 U.K. General matters

Citation and commencement U.K.

1.—(1) These Regulations may be cited as the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014.

(2) These Regulations come into force on 7th August 2014.

Interpretation U.K.

2.—(1) In these Regulations—

“the Act” means the Merchant Shipping Act 1995 M1 ;

[F1 “waters” has the same meaning as in the MLC;]

[F1 “armed robbery against a ship" means any illegal act of violence or detention or any act or threat of depredation, other than an act of piracy, committed for private ends and directed against a ship or against persons or property on board such a ship, within a State’s internal waters, archipelagic waters or territorial sea, or any act of inciting or of intentionally facilitating such an act;]

“Declaration of Maritime Labour Compliance” means, in relation to a ship, the Part 1 and Part 2 documents drawn up and issued in accordance with the MLC, in the forms corresponding to the relevant models given in Appendix A5-II of the MLC and having the contents, duration and validity specified in Regulation 5.1.3 and Standard A5.1.3 of the MLC;

“employee” means an individual who is employed under a contract of employment;

“fishing vessel” has the meaning given in section 313(1) of the Act;

[F2 “internal waters" has the same meaning as in the MLC;]

“Maritime Labour Certificate” and “interim Maritime Labour Certificate” mean, in relation to a ship, a certificate of that name issued in accordance with the MLC, in a form corresponding to the relevant model given in Appendix A5-II of the MLC and having the contents, duration and validity specified in Regulation 5.1.3 and Standard A5.1.3 of the MLC;

“the MCA” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;

“the MLC” means the Maritime Labour Convention, which was adopted on 23rd February 2006 by the General Conference of the International Labour Organization M2 ;

“Merchant Shipping Notice” means a notice described as such and issued by the MCA, and any reference to a particular Merchant Shipping Notice includes a reference to a Merchant Shipping Notice amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time;

[F3 “personal representative”, in relation to a seafarer who has died, means—

(a)

a person responsible for administering the seafarer’s estate under the law of England and Wales, Scotland or Northern Ireland; or

(b)

a person who, under the law of another country or territory, has functions equivalent to those of administering the seafarer’s estate;]

[F4 “piracy" has the same meaning as in Article 101 of the United Nations Convention on the Law of the Sea 1982;]

“pleasure vessel” means—

(a)

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

(i)

[F5 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 [F6 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;

“proper officer” has the meaning given in section 313(1) of the Act;

“relevant inspector” means any of the persons mentioned in section 258(1) of the Act;

“seafarer” means any person, including the master of a ship, who is employed or engaged or works in any capacity on board a ship and whose normal place of work is on board a ship;

“seafarer employment agreement” means a written agreement between a seafarer and another person in respect of the seafarer's work on board a ship;

“sea-going” in relation to a United Kingdom ship means—

(a)

a ship which operates outside the waters specified as Category A, B, C and D waters in Merchant Shipping Notice 1837(M) M3 ;

(b)

a ship to which the Merchant Shipping (Survey and Certification) Regulations 1995 M4 apply and in respect of which no exemption granted under regulation 2(2) of those Regulations applies;

(c)

a ship to which regulation 4 of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998 M5 applies and which falls within the description given in paragraph (3) of that regulation; or

(d)

a high speed craft in respect of which a permit to operate outside waters of Categories A, B, C or D has been issued in accordance with [F7 regulation 14 of the Merchant Shipping (High Speed Craft) Regulations 2022];

“ship” includes hovercraft;

“shipowner” means—

(a)

in relation to a ship which has a valid Maritime Labour Certificate or interim Maritime Labour Certificate, the person identified as the shipowner on that Certificate;

(b)

in relation to any other ship, the owner of the ship or, if different, any other organisation or person such as the manager, or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the owner;

[F8 “territorial sea" has the same meaning as in the MLC;]

“United Kingdom ship” means a ship which is—

(a)

a United Kingdom ship within the meaning of section 85(2) of the Act;

(b)

a Government ship within the meaning of section 308(4) of the Act which is ordinarily engaged in commercial maritime operations; or

(c)

a hovercraft registered under the Hovercraft Act 1968 M6 ; and

“United Kingdom waters” has the meaning given in section 313(2) of the Act.

(2) In the application of these Regulations to a hovercraft, a reference to the master of a ship includes a reference to the captain of that hovercraft.

Textual Amendments

F1 Words in reg. 2(1) inserted (26.12.2020) by The Merchant Shipping (Maritime Labour Convention and Work in Fishing Convention) (Amendment) Regulations 2020 (S.I. 2020/1166), regs. 1, 2(2)(a)

F2 Words in reg. 2(1) inserted (26.12.2020) by The Merchant Shipping (Maritime Labour Convention and Work in Fishing Convention) (Amendment) Regulations 2020 (S.I. 2020/1166), regs. 1, 2(2)(b)

F3 Words in reg. 2(1) inserted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, 2(2)

F4 Words in reg. 2(1) inserted (26.12.2020) by The Merchant Shipping (Maritime Labour Convention and Work in Fishing Convention) (Amendment) Regulations 2020 (S.I. 2020/1166), regs. 1, 2(2)(c)

F5 Words in reg. 2(1) substituted (6.4.2018) by The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/242), regs. 1, 5(2)(a)

F6 Word in reg. 2(1) substituted (6.4.2018) by The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/242), regs. 1, 5(2)(b)

F7 Words in reg. 2(1) substituted (19.12.2022) by The Merchant Shipping (High Speed Craft) Regulations 2022 (S.I. 2022/1219), reg. 1(1), Sch. para. 17 (with reg. 4(2)-(4))

F8 Words in reg. 2(1) inserted (26.12.2020) by The Merchant Shipping (Maritime Labour Convention and Work in Fishing Convention) (Amendment) Regulations 2020 (S.I. 2020/1166), regs. 1, 2(2)(d)

Marginal Citations

M1 1995 c.21.

M2 Cm 7049.

M3 Merchant Shipping Notice 1837(M) specifies which waters are Category A, B, C and D waters for the purposes of regulation 3(2)(a) of S.I. 1992/2356, as the notice which currently supersedes Merchant Shipping Notice M1504 pursuant to regulation 2 of those Regulations.

M4 S.I. 1995/1210, amended by S.I. 2004/302, S.I. 2005/2114 and S.I. 2010/1075; there are other amending instruments but none is relevant.

M5 S.I. 1998/2771, amended by S.I. 2002/1473; there is another amending instrument which is not relevant.

M6 1968 c.59.

Application U.K.

3.—(1) Subject to paragraph (5) and regulations 37(1) and 44(2), the provisions specified in paragraph (2) apply to—

(a) a sea-going United Kingdom ship wherever it may be; and

(b) a sea-going ship which is not a United Kingdom ship, while that ship is in United Kingdom waters, if—

(i) the MLC has not come into force for the State whose flag the ship is entitled to fly; or

(ii) the MLC has come into force for the State whose flag the ship is entitled to fly, but the ship does not carry—

(aa) a Maritime Labour Certificate to which a Declaration of Maritime Labour Compliance is attached; or

(bb) an interim Maritime Labour Certificate.

(2) The provisions referred to in paragraph (1) are as follows—

(a) all of the provisions in Parts 2 to [F9 10B], other than those referred to in sub-paragraph (4)(b); and

(b) all of the provisions in Part 11, other than regulations 55 and 57.

(3) Subject to paragraph (5) and regulation 46(4), the provisions specified in paragraph (4) apply to a sea-going ship which is not a United Kingdom ship, while that ship is in United Kingdom waters, if—

(a) the MLC has come into force for the State whose flag the ship is entitled to fly; and

(b) the ship carries—

(i) a Maritime Labour Certificate to which a Declaration of Maritime Labour Compliance is attached; or

(ii) an interim Maritime Labour Certificate.

(4) The provisions referred to in paragraph (3) are as follows—

(a) [F10 regulation 26] and all of the provisions in Parts 3 and 11 (other than regulation 54); and

(b) the following provisions—

(i) regulation 6;

(ii) regulation 15;

(iii) regulation 18;

(iv) regulation 28;

(v) regulation 33;

(vi) regulation 41; F11 ...

(vii) regulation 46;

[F12 (viii) regulation 53B(1)(b); and

(ix) regulation 53M(1)(b).]

(5) These Regulations do not apply to—

(a) pleasure vessels;

(b) fishing vessels;

(c) ships of traditional build;

(d) warships or naval auxiliaries; or

(e) vessels which are not ordinarily engaged in commercial activities.

Textual Amendments

F9 Word in reg. 3(2)(a) substituted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, 2(3)(a)

F10 Words in reg. 3(4)(a) substituted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, 2(3)(b)

F11 Word in reg. 3(4)(b)(vi) omitted (12.7.2018) by virtue of The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, 2(3)(c)(i)

F12 Reg. 3(4)(b)(viii)(ix) inserted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, 2(3)(c)(ii)