PART 1General matters

Application3

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 F110B, 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

F2regulation 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; F3...

vii

regulation 46;

F4viii

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.