The Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013

Made: 24th July 2013

Laid before Parliament: 25th July 2013

Coming into force: 15th August 2013

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the safety of ships and the health and safety of persons on them and measures relating to maritime transport.

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

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.

Citation and commencement

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• (1) These Regulations may be cited as the Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013.

• (2) These Regulations come into force on 15th August 2013.

Interpretation

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• (1) In these Regulations—

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

• “anniversary date” means the day and the month of each year which will correspond to the original date of expiry of the relevant certificate,

• “certifying authority” means—the Secretary of State, oran organisation which has an agreement with the Secretary of State pursuant to Article 5(2) of Directive 2009/15/EC of the European Parliament and of the Council of 23rd April 2009 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations which authorises it to undertake surveys of ships under these Regulations,

• “controlled waters” means the waters specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 1996 as areas within which the jurisdiction and rights of the United Kingdom are exercisable,

• “Convention State” means a State, other than the United Kingdom, which is a Party to the Maritime Labour Convention,

• “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 Maritime Labour Convention, in the forms corresponding to the relevant models given in Appendix A5-II of the Convention and having the contents, duration and validity specified in Regulation 5.1.3 and Standard A5.1.3 of the Convention,

• “fishing vessel” has the meaning given in section 313 of the Act,

• “gross tonnage” means gross tonnage as determined under the Merchant Shipping (Tonnage) Regulations 1997 ,

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

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

• “the MCA” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport,

• “Merchant Shipping Notice” means a notice described as such and issued by the MCA 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,

• “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; ora 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 paragraph (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,

• “proper officer” has the meaning given in section 313 of the Act,

• “relevant inspector” means any of the persons mentioned in section 258(1) of the Act,

• “sea-going” in relation to a United Kingdom ship means—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,

• “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 a ship,

• “ship” includes hovercraft,

• “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, 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,

• “the United Kingdom Maritime Labour Convention standards” means the requirements imposed in relation to United Kingdom ships by the provisions specified in column 2 of the instruments listed in column 1 of the table contained in the Schedule, and

• “United Kingdom ship” means a ship which is—a United Kingdom ship within the meaning of section 85(2) of the Act,a Government ship within the meaning of section 308(4) of the Act which is ordinarily engaged in commercial maritime operations, ora hovercraft registered under the Hovercraft Act 1968 .

• (2) In the application of these Regulations to a hovercraft, a reference to the master of a ship includes a reference to the captain of the hovercraft.

Amendments to existing regulations

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The Schedule to the Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998 is amended as follows—

• (a) at the end of the first column, insert “ The Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013 ”, and

• (b) at the end of the second column, insert “ 2013/1785 ”.

Application

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• (1) Subject to paragraph (3), regulations 5 to 8 and 10 to 17 (except regulation 11(3)) apply to sea-going United Kingdom ships, wherever they may be.

• (2) Subject to paragraph (3), regulations 9, 11(3) and 18 to 20 apply to a sea-going ship which is not a United Kingdom ship, while the ship is in United Kingdom waters, except where it is exercising the right of innocent passage or the right of transit passage through straits used for international navigation.

• (3) These Regulations do not apply to—

• (a) pleasure vessels,

• (b) fishing vessels,

• (c) ships of traditional build,

• (d) warships or naval auxiliaries,

• (e) vessels which are not ordinarily engaged in commercial activities, and

• (f) vessels which—

• (i) operate only within 60 miles of a safe haven, and

• (ii) do not operate to or from, or call at, a port in a country other than the United Kingdom,

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

Survey of ships

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• (1) A ship falling within paragraph (2) is subject to the following surveys—

• (a) before a Maritime Labour Certificate is first issued in relation to the ship, an initial survey by a certifying authority, as set out in Merchant Shipping Notice 1848(M),

• (b) within five years of the first issue of a Maritime Labour Certificate, and thereafter at intervals which must be no more than five years, a renewal survey by a certifying authority, as set out in Merchant Shipping Notice 1848(M),

• (c) in the period between the anniversary dates of a Maritime Labour Certificate in its second and third years of validity, an intermediate survey by a certifying authority, as set out in Merchant Shipping Notice 1848(M).

• (2) A ship falls within this paragraph if it is a ship of 500 gross tonnage or over which—

• (a) is engaged in international voyages,

• (b) is operating to and from a single port in a country other than the United Kingdom, or

• (c) is operating between ports in a country other than the United Kingdom.

• (3) A ship which does not fall within paragraph (2) is subject to a survey by a certifying authority as set out in Merchant Shipping Notice 1848(M).

• (4) In this regulation, “international voyage” means a voyage from a country to a port outside such a country.

Issue of Maritime Labour Certificates

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• (1) Where a certifying authority is satisfied after the completion of an initial or renewal survey carried out in accordance with the provisions of regulation 5(1)(a) or (b) that the United Kingdom Maritime Labour Convention standards are being complied with, that authority must issue a Maritime Labour Certificate.

• (2) Where a certifying authority is satisfied after the completion of an intermediate survey carried out in accordance with the provisions of regulation 5(1)(c) that the United Kingdom Maritime Labour Convention standards are being complied with, that authority must so endorse the Maritime Labour Certificate.

• (3) Where requested by the shipowner, a certifying authority, if satisfied after the completion of a survey carried out in accordance with regulation 5(3) that the United Kingdom Maritime Labour Convention standards are being complied with, must issue a Maritime Labour Certificate or endorse a Maritime Labour Certificate to that effect.

• (4) A certifying authority may have regard to the results of a survey conducted before the date on which these Regulations come into force when deciding whether it is satisfied that standards referred to in this regulation are being complied with.

• (5) A Maritime Labour Certificate issued under this regulation must be drawn up in a form corresponding to the model given in Merchant Shipping Notice 1848(M) and have the content specified in that Merchant Shipping Notice.

Survey and certification of UK ships by Governments of other States

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• (1) The Secretary of State may, through a proper officer or otherwise, request the Government of a Convention State—

• (a) to carry out an initial, renewal or intermediate survey, as set out in Merchant Shipping Notice 1848(M), of a United Kingdom ship to which regulation 5(1) applies, by reference to standards provided by the Secretary of State (which must reflect the relevant United Kingdom Maritime Labour Convention standards); and

• (b) if satisfied that the standards are met—

• (i) to issue or authorise the issue of a Maritime Labour Certificate in relation to the ship, or to endorse or authorise the endorsement of that certificate, in accordance with the requirements of the Maritime Labour Convention,

• (ii) to include in the certificate a statement to the effect that it has been issued at the request of the Secretary of State, and

• (iii) to transmit a copy of the survey report and the certificate to the Secretary of State as soon as possible.

• (2) A certificate issued or endorsed in accordance with paragraph (1) has the same force and must receive the same recognition as a certificate issued or endorsed in accordance with regulation 6.

• (3) A Maritime Labour Certificate issued under this regulation must be drawn up in a form corresponding to the model given in Merchant Shipping Notice 1848(M) and have the content specified in that Merchant Shipping Notice.

Interim Maritime Labour Certificates

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• (1) This regulation applies to a ship falling within regulation 5(2)—

• (a) upon the registration of the ship as a United Kingdom ship, where this is—

• (i) the first registration of the ship, or

• (ii) a transfer of the ship from the flag of another State, or

• (b) where a Maritime Labour Certificate has been issued by a certifying authority in respect of the ship, upon a person taking responsibility for the operation of the ship who—

• (i) is not the person named as the shipowner in that certificate, and

• (ii) has not been named as the shipowner in any Maritime Labour Certificate previously issued in respect of that ship.

• (2) Where a certifying authority or (where requested by the Secretary of State) the Government of a Convention State has verified that—

• (a) a ship has been subjected to a survey, so far as reasonable and practicable, as set out in Merchant Shipping Notice 1848(M),

• (b) the shipowner has demonstrated that the ship has adequate procedures to comply with the United Kingdom Maritime Labour Convention standards,

• (c) the master of the ship is familiar with—

• (i) the requirements of the Maritime Labour Convention, and

• (ii) the responsibilities which people have in connection with the implementation of the Maritime Labour Convention as respects a United Kingdom ship, and

• (d) the Secretary of State or the Government of that Convention State has the information which would be necessary for it to produce Part 1 of the Declaration of Maritime Labour Compliance as respects the ship,

that certifying authority or the Government of that State may issue an interim Maritime Labour Certificate.

• (3) No interim Maritime Labour Certificate may be issued in relation to a ship if—

• (a) an interim Maritime Labour Certificate has previously been issued in relation to that ship by a certifying authority or a Convention State, and

• (b) no valid Maritime Labour Certificate has since been issued in respect of that ship (whether by that authority or State or another body).

• (4) An interim Maritime Labour Certificate may be issued for a period not exceeding six months.

• (5) An interim Maritime Labour Certificate issued under this regulation must be drawn up in a form corresponding to the model given in Merchant Shipping Notice 1848(M) and have the content specified in that Merchant Shipping Notice.

Survey and certification of non-UK ships by UK authorities

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• (1) A certifying authority may, at the request of a Government of a Convention State, inspect a ship registered in that State by reference to such standards as may be specified in the request (which must reflect the requirements of the Maritime Labour Convention as implemented by that State) and, if satisfied that the standards are met—

• (a) issue as respects the ship a Maritime Labour Certificate or endorse such a certificate to that effect, or

• (b) issue as respects the ship an interim Maritime Labour Certificate.

• (2) The certifying authority must include in any certificate issued or endorsed in accordance with paragraph (1) a statement to the effect that it has been issued or endorsed at the request of the Government of the State in which the ship is registered, and must transmit a copy of the survey report and the certificate to that State as soon as possible.

• (3) A certificate issued or endorsed in accordance with this regulation has effect as if issued or endorsed by the State which requested the survey of the ship to be carried out.

Duration and validity of Maritime Labour Certificates

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• (1) Subject to paragraphs (2) and (2B), a Maritime Labour Certificate must be issued—

• (a) on the date of the completion of the relevant survey, and

• (b) with a period of validity starting on the date of issue and not exceeding five years.

• (2) Where a renewal survey as required by regulation 5(1)(b) has been completed within a period of three months before the expiry of a Maritime Labour Certificate, the new certificate must be issued as being valid from the original date of expiry of the existing certificate.

• (2A) This paragraph applies where a renewal survey as required by regulation 5(1)(b) has been completed but a new Maritime Labour Certificate cannot, on the date of completion of the survey—

• (a) be issued; or