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

PART 11 U.K. Inspection and detention of ships

Inspection of United Kingdom ships and non-United Kingdom ships without MLC documentation U.K.

54.—(1) For the purpose of checking compliance with these Regulations, a relevant inspector (or, in the case of a United Kingdom ship, a proper officer) may at all reasonable times go on board a ship and inspect the ship, its equipment, any articles on it and any document carried on it.

(2) Section 258(1A), (3) and (5) of the Act M1 (powers to inspect ships and their equipment, etc.) apply in relation to paragraph (1) as if references in those subsections to “subsection (1) above” and “this section” were references to paragraph (1).

(3) Sections 259(1), (2), (5), (7) and (9) to (12) and 260(1) and (2) of the Act (powers of inspectors in relation to premises and ships, and supplementary provisions) apply in relation to the inspection of a ship to which this regulation applies for the purpose of checking compliance with these Regulations as if—

(a) references in those sections to “this Act” were to these Regulations;

(b) for section 259(1)(b) there were substituted a reference to any ship to which this regulation applies;

(c) in section 259(2)(h)(iii) the words “or any instrument made under it” were omitted; and

(d) in section 259(5) the reference to “subsections (2) and (4) above for the purposes of Chapter II of Part VI” were to “subsection (2) above”, and the reference to “those subsections” were to “that subsection”.

(4) Any regulations made under section 259(8) or section 260(3) of the Act apply for the purposes of the provisions of those sections as applied by paragraphs (2) and (3) as they apply for the purposes of the Act.

(5) Sections 261 to 266 of the Act M2 (improvement notices and prohibition notices) apply for the purposes of these Regulations as if the meaning of “the relevant statutory provisions” in section 261(4) included these Regulations.

Marginal Citations

M1 Subsection (1A) was inserted by the Merchant Shipping and Maritime Security Act 1997 (c. 28), Schedule 1, paragraph 4.

M2 Section 261 was amended by the Merchant Shipping and Maritime Security Act 1997, Schedule 6, paragraph 16 and by S.I. 1998/2241 and S.I. 1998/2647. Section 264 was amended by the Arbitration Act 1996 (c. 23), Schedule 4, and by the Constitutional Reform Act 2005 (c. 4), Schedule 11; there are further amendments made by the Tribunals, Courts and Enforcement Act 2007 (c.15), section 50 and Schedule 10 which have yet to be brought into force.

Inspection of non-United Kingdom ships with MLC documentation U.K.

55.—(1) A relevant inspector may—

(a) review a ship's Maritime Labour Certificate and Declaration of Maritime Labour Compliance or the ship's interim Maritime Labour Certificate; and

(b) where Standard A5.2.1 of the MLC (inspections in port) applies, carry out a more detailed inspection in accordance with that Standard.

(2) Where a relevant inspector has power to inspect a ship under paragraph (1)(b), regulation 54 applies to the relevant inspector as if—

(a) in paragraphs (1) and (3), for the words “checking compliance with these Regulations” there were substituted “ carrying out an inspection under regulation 55(1)(b) ”; and

(b) in paragraph (3), for the words “to which this regulation applies”, in both places where they appear, there were substituted “ to which regulation 55(1)(b) applies ”.

Detention of ships U.K.

56.—(1) Where a relevant inspector has clear grounds for believing that—

(a) a ship does not comply with these Regulations; and

(b) (i) the conditions on board are clearly hazardous to the safety, health or security of seafarers; or

(ii) the non-compliance represents a serious breach or the latest in a series of repeated breaches of these Regulations or the requirements of the MLC (including the rights of seafarers referred to in Articles III and IV of the MLC which are secured by it),

that ship is liable to be detained.

(2) Where a relevant inspector has clear grounds for believing that—

(a) the shipowner has failed to make provision in connection with which the Secretary of State has incurred costs under regulation 27; and

(b) the Secretary of State has requested reimbursement of those costs but has not been reimbursed,

every ship which is owned by the shipowner is liable to be detained.

(3) Where a ship is detained under this regulation and all of the grounds for detention have ceased to apply, a person having power to detain the ship must, at the request of the shipowner or the master of the ship, immediately release the ship—

(a) if no proceedings for an offence under these Regulations are instituted within the period of seven days beginning with the day on which the ship is detained;

(b) if proceedings for an offence under these Regulations, having been instituted within that period, are concluded without the shipowner or master of the ship being convicted;

(c) if either—

(i) the sum of £30,000 is paid to the Secretary of State by way of security; or

(ii) security which, in the opinion of the Secretary of State, is satisfactory and is for an amount not less than £30,000 is given to the Secretary of State,

by or on behalf of the shipowner or the master of the ship;

(d) where the shipowner or the master of the ship is convicted of an offence under these Regulations, if any costs or expenses ordered to be paid by that person, and any fine imposed on that person, have been paid; or

(e) if the release is ordered by a court or tribunal referred to in article 292 of the United Nations Convention on the Law of the Sea M3 , and any bond or other financial security ordered by such court or tribunal is posted.

(4) The Secretary of State must repay any sum paid in pursuance of paragraph (3)(c) or release any security so given—

(a) if no proceedings for an offence under these Regulations are instituted within the period of seven days beginning with the day on which the sum is paid or the security is given; or

(b) if proceedings for such an offence, having been instituted within that period, are concluded without the shipowner or the master of the ship being convicted.

(5) Where a sum has been paid, or security has been given, by any person in pursuance of paragraph (3)(c) and the shipowner or the master of the ship is convicted of an offence under these Regulations, the sum so paid or the amount made available under the security must be applied as follows—

(a) first in payment of any costs or expenses ordered by the court to be paid by the shipowner or the master of the ship; and

(b) next in payment of any fine imposed by the court,

and any balance must be repaid to the first-mentioned person.

(6) Section 145 of the Act (interpretation of references in section 144 to the institution of proceedings or their conclusion without conviction) applies for the purposes of paragraphs (3) and (4) as if—

(a) references to the owner of a ship were to the shipowner under these Regulations; and

(b) references to an offence under section 131 were references to an offence under these Regulations.

Marginal Citations

M3 Cmnd. 8941.

Failure to repatriate - detention of non-United Kingdom ships with MLC documentation at request of foreign State U.K.

57.—(1) Subject to paragraph (2), a ship is liable to be detained if the Secretary of State receives a request from the consul, diplomatic representative or appropriate maritime authorities of another State which has ratified the MLC that the ship be detained pursuant to paragraph 6 of Standard [F1 A2.5.1] of the MLC (power for States to detain or request detention of ships in connection with a shipowner defaulting in its duty to repatriate a seafarer).

(2) A ship may not be detained under this regulation unless the Secretary of State receives satisfactory evidence that—

(a) the State has incurred costs pursuant to paragraph 5 of Standard [F2 A2.5.1] (repatriation) of the MLC in connection with a failure of the shipowner to comply with its legal duties concerning repatriation; and

(b) a request for reimbursement has been made but those costs have not been reimbursed.

(3) Where a ship is detained under this regulation and the Secretary of State receives—

(a) satisfactory evidence that the costs referred to in paragraph (2) have been reimbursed; or

(b) a request from the consul, diplomatic representative or appropriate maritime authorities of the relevant State that the ship be released from detention,

a person having power to detain the ship must immediately release the ship.

Textual Amendments

F1 Word in reg. 57(1) substituted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, 2(8)

F2 Word in reg. 57(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(8)

Supplementary provisions as respects detention of ships U.K.

58.—(1) The power under regulation 56 or regulation 57 to detain a ship may be exercised as regards a United Kingdom ship wherever it may be, but as regards a ship which is not a United Kingdom ship may only be exercised if the ship in question is—

(a) in a port or shipyard in the United Kingdom; or

(b) at an offshore terminal in United Kingdom waters.

(2) A person having powers to detain a ship may permit a ship which is liable to be detained under regulation 56 or regulation 57 to proceed to sea for the purpose of proceeding to the nearest appropriate repair yard available.

(3) Section 284 of the Act M4 (enforcing detention of a ship) applies where a ship is liable to be detained under this regulation as if—

(a) references to the owner of a ship were to the shipowner under these Regulations;

(b) references to detention of a ship under the Act were references to detention of the ship in question under these Regulations; and

(c) subsection (7) were omitted.

(4) Where a ship is liable to be detained under regulation 56 or regulation 57, the person detaining the ship must serve on the master of the ship a detention notice which—

(a) states the grounds for the detention; and

(b) requires the terms of the notice to be complied with until the ship is released by any person mentioned in section 284(1) of the Act.

(5) Where a ship other than a United Kingdom ship is detained, the Secretary of State must immediately inform the consul or diplomatic representative of the State whose flag the ship is entitled to fly, or the appropriate maritime authorities of that State, and invite them to send a representative to attend the ship.

Marginal Citations

M4 Section 284 was amended by the Merchant Shipping and Maritime Security Act 1997, section 9 and Schedule 1.