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

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Requirement to carry a qualified ship's cookU.K.

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37.—(1) This regulation does not apply to—

(a)a ship which ordinarily operates with fewer than 10 seafarers on board; or

(b)a ship which operates only within 60 miles of a safe haven and which does not operate to or from, or call at, a port in a country other than the United Kingdom,

and in this paragraph “safe haven” means a harbour or shelter of any kind which affords entry and protection from the weather.

(2) Subject to paragraph (3), a ship must not be operated unless a qualified ship's cook is on board.

(3) In circumstances of exceptional necessity the Secretary of State may grant an exemption from the requirement in paragraph (2)—

(a)until the next port of call, or

(b)for a period not exceeding one month,

but only if there is a person on board the ship who is trained or instructed in areas including food and personal hygiene and safe handling and storage of food in accordance with the relevant requirements in Merchant Shipping Notice 1846(M).

(4) An exemption under this regulation—

(a)must be given in writing;

(b)may be granted on such terms as the Secretary of State may specify; and

(c)may be altered or cancelled by the Secretary of State giving written notice to the shipowner.

(5) The Secretary of State may approve as respects a particular ship, or as respects ships of a particular description, arrangements which, when taken together with the conditions to which the approval is subject, the Secretary of State considers are substantially equivalent to the requirement in paragraph (2).

(6) An approval under this regulation—

(a)must be given in writing; and

(b)must specify the date on which it takes effect and the conditions (if any) on which it is given.

(7) Such an approval may be cancelled and the terms of an approval may be altered, in both cases by the Secretary of State giving written notice to the shipowner.

(8) A breach of—

(a)paragraph (2);

(b)the terms of an exemption granted under paragraph (3); or

(c)a condition on which an approval is given under paragraph (5),

is an offence by the shipowner and the master of the ship.

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