PART 2Amendments to Secondary Legislation

Amendment of the Merchant Shipping (Crew Agreements etc.) Regulations 1991

8.—(1) The Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations 1991(1) are amended as follows.

(2) In regulation 2—

(a)after the definition of “coastal voyage”, insert—

Maritime Labour Certificate” has the meaning given in regulation 2(1) of the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014(2);; and

(b)after the definition of “ship”, insert—

“shipowner” means—

(a)

in relation to a ship which has a valid Maritime Labour Certificate or interim Maritime Labour Certificate, the person identified as the shipowner on that Certificate;

(b)

in relation to any other ship, the owner of the ship or, if different, any other organisation or person such as the manager, or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the owner; and.

(3) In regulation 3—

(a)renumber the existing text as paragraph (1), and at the end insert—

(2) This Part does not apply to a ship to which the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014 apply.; and

(b)in the heading, after “interpretation” insert “and application”.

(4) Omit regulations 13, 14(1)(a)(iii), 14(3), 23 and 24.

(5) In regulation 14(1)(b), omit “whether or not he is employed under a crew agreement”.

(6) In regulation 16 and 17, for “a superintendent” substitute “the Secretary of State”.

(7) For regulation 19 substitute—

19.  A list of crew remains in force until all of the persons employed on the ship whose particulars are contained on the list have been discharged..

(8) For regulation 20(2) substitute—

(2) The shipowner must deliver a list of crew to the Registrar-General of Shipping and Seamen within seven days of the expiry of each period of six months after the date on which it is made, for so long as it remains in force..

(9) In regulation 21, omit “superintendent or”.

(10) In regulation 26—

(a)in paragraph (1)(a), for “regulation 24” substitute “regulation 25”;

(b)in paragraph (1)(b), for “regulation 25(c)(ii)” substitute “regulation 25(1)(c)(ii)”; and

(c)omit “23(1),” in paragraph (2).