The Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997

Made: 13th December 1997

Laid before Parliament: 17th December 1997

Coming into force: 31st March 1998

Now, therefore, the Secretary of State, in exercise of the powers conferred by the said section 2(2) of the European Communities Act 1972, and by sections 85(1)(a) and (b), (3), (5) to (7) and 86(1) of the Merchant Shipping Act 1995 and of all other powers enabling him on that behalf, hereby makes the following Regulations:

Part I

Citation, commencement and revocations

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• (1) These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 and shall come into force on 31 March 1998.

• (2) The following Regulations are hereby revoked—

• (i) The Merchant Shipping (Safety Officials and Reporting of Accidents and Dangerous Occurrences) Regulations 1982[^f00004];

• (ii) The Merchant Shipping (Safety Officials and Reporting of Accidents and Dangerous Occurrences) (Amendment) Regulations 1984[^f00005];

• (iii) The Merchant Shipping (Health and Safety: General Duties) Regulations 1984[^f00006];

• (iv) The Merchant Shipping (Health and Safety: General Duties) (Amendment) Regulations 1988[^f00007];

• (v) The Merchant Shipping (Safety Officials and Reporting of Accidents and Dangerous Occurrences) (Amendment) Regulations 1994[^f00008];

Interpretation

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• (1) In these Regulations, except where the context otherwise requires, any reference to—

• (a) a numbered regulation is a reference to the regulation bearing that number in these Regulations; and

• (b) a numbered paragraph or subparagraph is a reference to the paragraph or, as the case may be, subparagraph bearing that number in the regulation in which the reference appears.

• (2) In these Regulations, except where the context otherwise requires—

• “the Act” means the Merchant Shipping Act 1995;

• “the 1996 Act” means the Employment Rights Act 1996[^f00009];

• “the Code” means the “Code of Safe Working Practices for Merchant Seafarers” published by the Maritime and Coastguard Agency, an executive agency of the Department for Transport, in September 2015, including any subsequent amendment, revision or replacement of that Code which the Secretary of State considers relevant from time to time and which is notified in a Marine Information Notice, described as such and issued by the Maritime and Coastguard Agency;

• “Company”, in relation to a ship to which these Regulations apply, means the owner of the ship or any other organisation or person such as the manager, or bareboat charterer, who has assumed the responsibility for operation of the ship from the owner;

• “competent person” means a person who has sufficient training and experience or knowledge and other qualities, to enable him properly to undertake the duty imposed under the relevant provision in these Regulations, and in the case of a safety officer, has in addition a minimum of two years consecutive sea service since attaining the age of 18, which, in the case of a safety officer on board a tanker, shall include at least six months service in such a ship;

• “contract of employment” means a contract of employment, whether express or implied, and if express, whether oral or in writing;

• “Declaration of Maritime Labour Compliance” means, in relation to a ship, the Part 1 and Part 2 documents drawn up and issued in accordance with the MLC, in the forms corresponding to the relevant models given in Appendix A5-II of the MLC and having the contents, duration and validity specified in Regulation 5.1.3 and Standard A5.1.3 of the MLC;

• ...

• “elected representative” means any person elected to represent a group of workers for the purposes of consultation with the employer on health and safety matters under regulation 20;

• “employer” means a person by whom a worker is employed under a contract of employment;

• “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 and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on fishing vessel owners in accordance with the Work in Fishing Convention, regardless of whether any other organisation or person fulfils certain of the duties or responsibilities on behalf of the fishing vessel owner;

• “given birth” means delivered a living child or, after twenty-four weeks of pregnancy, a stillborn child;

• “health and safety” includes the occupational health and safety of persons whilst on board the ship and whilst boarding or leaving the ship;

• “Marine Guidance Note” means a notice described as such and issued by the Maritime and Coastguard Agency, an executive agency of the Department for Transport, and any reference to a particular Marine Guidance Note includes a reference to a Marine Guidance Note amending or replacing that Note which is considered by the Secretary of State to be relevant from time to time;

• “Maritime Labour Certificate” and “interim Maritime Labour Certificate” mean, in relation to a ship, a certificate of that name issued in accordance with the MLC, in a form corresponding to the relevant model given in Appendix A5-II of the MLC and having the contents, duration and validity specified in Regulation 5.1.3 and Standard A5.1.3 of the MLC;

• “master” includes the skipper of a fishing vessel;

• “Merchant Shipping Notice” means a notice described as such and issued by the Maritime and Coastguard Agency, an executive agency of the Department for Transport, and any reference to a particular Merchant Shipping Notice includes a reference to a Merchant Shipping Notice amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time;

• “the MLC” means the Maritime Labour Convention adopted on 23rd February 2006 by the General Conference of the International Labour Organization;

• “new or expectant mother” means a worker who is either pregnant, or has given birth within the previous six months, or is breast-feeding;

• “pleasure vessel” means—any vessel which at the time it is being used is—in the case of a vessel wholly owned by an individual or individuals, used only for the sport or pleasure of the owner or the immediate family or friends of the owner; orin the case of a vessel owned by a body corporate, used only for sport or pleasure and on which the persons on board are employees or officers of the body corporate, or their immediate family or friends; andon a voyage or excursion which is one for which the owner does not receive money for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion; orany vessel wholly owned by or on behalf of a members’ club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family, and for the use of which any charges levied are paid into club funds and applied for the general use of the club,where, in the case of any vessel referred to in paragraphs (a) or (b), no other payments are made by or on behalf of users of the vessel, other than by the owner; and in this definition “immediate family” means, in relation to an individual, the spouse or civil partner of the individual, and a relative of the individual or the individual’s spouse or civil partner; and “relative” means brother, sister, ancestor or lineal descendant;;

• “public service vessel” means any vessel operated by and on behalf of a public body while it is carrying out the authorised functions of that body;

• “relevant inspector” means a person mentioned in paragraphs (a), (b) or (c) of section 258(1) of the Act;

• “sail training vessel” means a sailing vessel which is being used either—to provide instruction in the principles of responsibility, resourcefulness, loyalty and team endeavour and to advance education in the art of seamanship; orto provide instruction in navigation and seamanship for yachtsmen; and is operating under a statutory code;

• “seafarer” means any person, including a master, who is employed or engaged or works in any capacity on board a ship ... and whose normal place of work is on such a ship;

• “sea-going” means—in relation to a United Kingdom ship which is not a fishing vessel, that the ship is—a ship which operates outside the waters specified as Category A, B, C and D waters in Merchant Shipping Notice 1837(M);a ship to which the Merchant Shipping (Survey and Certification) Regulations 1995 apply and in respect of which no exemption granted under regulation 2(2) of those Regulations applies; a ship which is a large vessel within the meaning of regulation 3(1) of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025 in respect of which a certificate of compliance has been issued in accordance with regulation 9 of those Regulations; or a high speed craft in respect of which a permit to operate outside waters of Categories A, B, C or D has been issued in accordance with regulation 14 of the Merchant Shipping (High Speed Craft) Regulations 2022;in relation to a fishing vessel which is a United Kingdom ship or a ship which is not a United Kingdom ship, that the ship operates outside the waters specified as Category A, B, C and D waters in Merchant Shipping Notice 1837(M);

• “shipowner” means—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;in relation to any other ship other than a fishing vessel, 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;

• “statutory Code” means–The Code of Practice for the Safety of Small Commercial Sailing Vessels;The Code of Practice for the Safety of Small Commercial Motor Vessels; orThe Code of Practice for Safety of Large Commercial Sailing and Motor Vessels;

• ...

• “trainees and apprentices” does not include persons who are training in a sail training vessel;

• “United Kingdom ship” means a ship which—is a United Kingdom ship within the meaning of section 85(2) of the Act; oris a Government ship within the meaning of section 308(4) of the Act; oris a hovercraft registered under the Hovercraft Act 1968[^f00012];

• “worker” means any person employed by an employer under a contract of employment, including trainees or apprentices;

• “Work in Fishing Convention” means the convention adopted at Geneva on 14th June 2007 by the International Labour Organisation.

• (3) Subject to paragraph (2), words and expressions used in the Regulations have the same meaning as in Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the health and safety of workers at work , as it had effect immediately before IP completion day.

Application

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• (1) These Regulations shall apply to all activities of workers on ... ships except when—

• (a) the activity of a worker is on a public service vessel or a vessel engaged in search and rescue; and

• (b) characteristics of that activity inevitably conflict with a provision of these Regulations,

and in such a case there shall be a duty on the employer so far as is reasonably practicable to ensure the health and safety of the worker when performing that activity.

• (1A) As regards Group A ships, Group B ships and Group C ships—

• (a) the following provisions, insofar as they apply to workers, also apply to seafarers who are not workers and, insofar as they apply to employers, also apply to shipowners—

• (i) regulation 4(1)(a);

• (ii) regulation 5(1);

• (iii) regulation 7;

• (iv) regulation 12(1) and (2);

• (v) regulation 16(1)(b)(iii);

• (vi) regulation 18(b) and (c);

• (vii) regulation 19(1)(b)(ii);

• (viii) regulation 20;

• (b) in relation to seafarers who are not workers, any obligation imposed by the provisions mentioned in paragraph (a) that would, by virtue of that paragraph, otherwise apply to employers and shipowners applies to shipowners only.

• (1B) As regards Group D and Group E ships—

• (a) the following provisions insofar as they apply to workers, also apply to seafarers who are not workers and insofar as they apply to employers, also apply to fishing vessel owners—

• (i) regulation 4(1)(a),

• (ii) regulation 5(1),

• (iii) regulation 7,

• (iv) regulation 12(1) and 12(2), and

• (v) regulation 20.

• (b) in relation to seafarers who are not workers, any obligations imposed by the provisions mentioned in paragraph (a), to the extent that they would, by virtue of that paragraph, apply to employers and fishing vessel owners, apply to fishing vessel owners only.

• (2) Part II of these Regulations applies as follows—

• (a) all of the provisions , with the exception of regulation 12A, apply to Group A ships and, ..., to Group D ships;

• (b) regulations 4, 5, 7 and 12 apply to Group C ships.

• (2A) Regulation 12A applies to all United Kingdom ships except—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) pleasure vessels; and

• (c) any vessel to which—

• (i) the Merchant Shipping (Passenger Ships) (Safety Code for UK Categorised Waters) Regulations 2010, or

• (ii) the Merchant Shipping (Technical Requirements for Inland Waterway Vessels) Regulations 2010,

apply.

• (3) Part III of these Regulations applies as follows—

• (a) regulation 13 applies to Group A ships, Group C ships and Group D ships;

• (b) regulation 13A applies ... to Group A ships and Group D ships.

• (4) Part IV of these Regulations applies as follows—

• (a) all of the provisions apply to Group A ships;

• (b) regulations 15 and 19 apply to Group C ships; and

• (c) regulations 14, 19 and 20 apply to Group D ships.

• (5) The provisions in Part V of these Regulations apply to Group A and Group D ships only.

• (6) Part VI of these Regulations applies as follows—

• (a) all of the provisions other than regulations 27, 28, 28A, 28B and 29 apply to Group A ships;

• (b) regulations 28A, 28B and 30 apply to Group B ships;

• (c) regulations 22, 24 to 26, 27A and 27B apply to Group C ships;

• (d) all of the provisions other than regulations 27A to 28B apply to Group D ships;

• (e) regulations 28, 29 and 30 apply to Group E ships.

• (7) In this regulation—

• (a) subject to paragraph (8), a “Group A” ship is a United Kingdom ship which is not a fishing vessel, wherever it may be;

• (b) subject to paragraphs (8) and (9), a “Group B” ship is a sea-going ship which is not a fishing vessel and which is not a United Kingdom ship, which is in United Kingdom waters, where—

• (i) the MLC has come into force for the State whose flag the ship is entitled to fly; and

• (ii) the ship carries—

• (aa) a Maritime Labour Certificate to which a Declaration of Maritime Labour Compliance is attached; or

• (bb) an interim Maritime Labour Certificate.

• (c) subject to paragraphs (8) and (9), a “Group C” ship is a sea-going ship which is not a fishing vessel and which is not a United Kingdom ship, which is in United Kingdom waters, where—

• (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.

• (d) a “Group D” ship is a fishing vessel which is a United Kingdom ship, wherever it may be;

• (e) a “Group E” ship is a fishing vessel which is in United Kingdom waters and is not a United Kingdom ship.

• (8) The following ships are not Group A, Group B or Group C ships—

• (a) pleasure vessels;

• (b) ships of traditional build; and

• (c) warships or naval auxiliaries.

• (9) Vessels which are not ordinarily engaged in commercial activities are not Group B or Group C ships.

Part II — General duties

Persons on whom duties are imposed

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• (1) It shall be the duty of every—

• (a) employer; and

• (b) any other ... person upon whom a duty is imposed by these Regulations,

to comply with the provisions of these Regulations.

• (2) Where a person in paragraph (1) does not have control of the matter to which the regulation relates because he does not have responsibility for the operation of the ship, then any duty imposed by that regulation shall also extend to any ... person who has control of that matter.

General duties

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• (1) The employer shall ensure the health and safety of workers and other persons so far as is reasonably practicable, having regard to the following principles—

• (a) the avoidance of risks, which among other things include the combating of risks at source and the replacement of dangerous practices, substances or equipment by non-dangerous or less dangerous practices, substances or equipment;

• (b) the evaluation of unavoidable risks and the taking of action to reduce them;

• (c) adoption of work patterns and procedures which take account of the capacity of the individual, especially in respect of the design of the workplace and the choice of work equipment, with a view in particular to alleviating monotonous work and to reducing any consequent adverse effect on workers' health and safety;

• (d) adaptation of procedures to take account of new technology and other changes in working practices, equipment, the working environment and any other factors which may affect health and safety;