The Merchant Shipping (Maritime Labour Convention and Work in Fishing Convention) (Amendment) Regulations 2020

This Statutory Instrument has been made, in part, to correct errors in the Merchant Shipping (Work in Fishing Convention) Regulations 2018 (S.I. 2018/1106), the Merchant Shipping (Work in Fishing Convention) (Survey and Certification) Regulations 2018 (S.I. 2018/1107) and the Merchant Shipping (Work in Fishing Convention) (Medical Certification) Regulations 2018 (S.I. 2018/1108). It is being issued free of charge to all known recipients of those Statutory Instruments.

Statutory Instruments

2020 No. 1166

Merchant Shipping

The Merchant Shipping (Maritime Labour Convention and Work in Fishing Convention) (Amendment) Regulations 2020

Made

22nd October 2020

Laid before Parliament

27th October 2020

Coming into force

26th December 2020

The Secretary of State is a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to measures relating to maritime transport.

The Secretary of State, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and sections 85(1), (3), (5) and (7) and 86(1) of the Merchant Shipping Act 1995(3) makes the following Regulations.

In accordance with section 86(4) of the Merchant Shipping Act 1995, the Secretary of State has consulted the persons referred to in that section.

(1)

S.I. 1994/757.

(2)

1972 c. 68. The European Communities Act 1972 was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c. 16) with effect from exit day, but saved with modifications until IP completion day by section 1A of that Act (as inserted by section 1 of the European Union (Withdrawal Agreement) Act 2020 (c. 1)). Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7). Other amendments have been made that are not relevant to these Regulations. The Maritime Labour Convention adopted on 23rd February 2006 by the General Conference of the International Labour Organisation (Cmnd 7049) is regarded as one of the EU Treaties, within the meaning of section 1(2) of the European Communities Act 1972 by virtue of the European Communities (Definition of Treaties) (Maritime Labour Convention) Order 2009 (S.I. 2009/1757, amended by S.I. 2011/1043). The Work in Fishing Convention adopted at Geneva on 14th June 2007 by the International Labour Organisation (Cmnd 7375) is regarded as one of the EU Treaties within the meaning of section 1(2) of the European Communities Act 1972 by virtue of the European Communities (Definition of Treaties) (Work in Fishing Convention) Order 2018 (S.I. 2018/520).

(3)

1995 c. 21. Sections 85 and 86 were amended by section 8 of the Merchant Shipping and Maritime Security Act 1997 (c. 28), and are applied to hovercraft by article 4 of the Hovercraft (Application of Enactments) Order 1989 (S.I. 1989/1350) (sections 85 and 86 re-enact sections 21 and 22 of the Merchant Shipping Act 1979 (c. 39) which are referred to in that article). There are other amendments to section 85 not relevant to these Regulations.