The Merchant Shipping (Work in Fishing Convention) (Consequential Provisions) Regulations 2018

Amendment of the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004

8.—(1) The Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004(1) are amended as follows.

(2) In regulation 2(1) (interpretation), after the definition of “employment” insert—

““fisherman” means every person employed, engaged or working in any capacity on board any fishing vessel, but does not include a person solely engaged as a pilot for the vessel;

“fishing vessel owner” means the owner of the fishing vessel or any other organisation or person such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the vessel from the owner;”.

(3) In regulation 7 (rest), at end add—

“(5) Paragraphs (1) to (3) also apply to fishermen.”.

(4) In regulation 10 (records), after “employer” insert “or fishing vessel owner” and after “worker” insert “or fisherman”.

(5) After regulation 11 (entitlement to annual leave and payment for leave), insert—

“11A.— (1) Subject to paragraph (4), a worker is entitled in each leave year to a period of leave in addition to the entitlement under regulation 11 (“additional leave”) determined in accordance with paragraph (2) and to be paid for any such leave at the rate of a week’s pay in respect of each week of leave.

(2) The period of additional leave to which a worker is entitled under paragraph (1) is—

(a) in any leave year beginning on or after the coming into force of the Merchant Shipping (Work in Fishing Convention) (Consequential Provisions) Regulations 2018(2), 1.6 weeks in each leave year;

(b) in any leave year beginning before the coming into force of the Merchant Shipping (Work in Fishing Convention) (Consequential Provisions) Regulations 2018, a proportion of 1.6 weeks equivalent to the proportion of the year beginning on the date those regulations come into force which would have elapsed at the end of that leave year.

(3) In respect of a period of employment of less than one year, a worker is entitled to additional annual leave of a proportion of 1.6 weeks equal to the proportion the period of employment in question bears to one year; the proportion to be determined in days and any fraction of a day to be treated as a whole day.

(4) The aggregate entitlement provided for in paragraph (2) and regulation 11(1) is subject to a maximum of 28 days.

(5) A worker’s leave year begins for the purposes of this regulation on the same date as a worker’s leave year begins for the purposes of regulation 11.

(6) Regulation 11(3) to (7) shall apply as if the references to paragraph (1) of that regulation were to paragraph (1) of this regulation.”.

(6) In regulation 13(1) (exceptions)—

(a) in paragraph (a), after “employers” insert, “fishing vessel owners, fishermen”;

(b) in paragraph (b), after “workers” insert “and fishermen”.

(7) In regulation 14(1) (emergencies), after “worker” insert “or fisherman”.

(1)

S.I.2004/1713.

(2)

S.I. 2018/1109.