PART 6Repatriation
Seafarer property24
1
This regulation applies where—
a
a shipowner is under a duty under regulation 19 in respect of a seafarer; and
b
property belonging to that seafarer has been left behind on board a ship.
2
The master of the ship must take charge of that property and enter a description of each item in the official log book.
3
A breach of paragraph (2) is an offence by the master of the ship.
4
Subject to paragraph (6), the master of the ship and the shipowner must ensure that reasonable care is taken of the property pending its delivery in accordance with paragraph (10).
5
A breach of paragraph (4) is an offence by the master of the ship and the shipowner.
6
The master of the ship may at any time—
a
sell any part of the property which is of a perishable or deteriorating nature; and
b
destroy or otherwise dispose of any part of the property considered a potential risk to the health or safety of any person.
7
The proceeds of any sale under paragraph (6)(a) are the property of the seafarer and the master of the ship must ensure that details of the sale are entered in the official log book.
8
The master of the ship must ensure that details of any destruction or disposal under paragraph (6)(b) are entered in the official log book.
9
A breach of paragraphs (7) or (8) is an offence by the master of the ship.
10
Subject to paragraph (11), the shipowner must cause the property and a document containing the information entered in the log book pursuant to paragraphs (7) and (8) to be delivered to the seafarer or to the seafarer’s next of kin.
11
The duty in paragraph (10) is discharged if the shipowner causes the delivery to be made to the last known address of the seafarer or the next of kin, as the case may be.
12
A breach of paragraph (10) is an offence by the shipowner.
13
The seafarer or the next of kin, as the case may be, must reimburse the shipowner for the reasonable delivery costs if demanded.