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

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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 10, 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)regulations 26 and 49 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; and

(vii)regulation 46.

(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.

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