The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014

Made: 9th July 2014

Laid before Parliament: 15th July 2014

Coming into force: 7th August 2014

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 in relation to 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) and (2) of the Merchant Shipping Act 1995 and by 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.

PART 1 — General matters

Citation and commencement

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• (1) These Regulations may be cited as the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014.

• (2) These Regulations come into force on 7th August 2014.

Interpretation

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• (1) In these Regulations—

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

• “waters” has the same meaning as in the MLC;

• “armed robbery against a ship" means any illegal act of violence or detention or any act or threat of depredation, other than an act of piracy, committed for private ends and directed against a ship or against persons or property on board such a ship, within a State’s internal waters, archipelagic waters or territorial sea, or any act of inciting or of intentionally facilitating such an act;

• “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;

• “employee” means an individual who is employed under a contract of employment;

• “fishing vessel” has the meaning given in section 313(1) of the Act;

• “internal waters" has the same meaning as in the MLC;

• “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;

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

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

• “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;

• “personal representative”, in relation to a seafarer who has died, means—a person responsible for administering the seafarer’s estate under the law of England and Wales, Scotland or Northern Ireland; ora person who, under the law of another country or territory, has functions equivalent to those of administering the seafarer’s estate;

• “piracy" has the same meaning as in Article 101 of the United Nations Convention on the Law of the Sea 1982;

• “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(1) of the Act;

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

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

• “seafarer employment agreement” means a written agreement between a seafarer and another person in respect of the seafarer's work on board a ship;

• “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;

• “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;

• “territorial sea" has the same meaning as in the MLC;

• “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 ; and

• “United Kingdom waters” has the meaning given in section 313(2) of the Act.

• (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 that hovercraft.

Application

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• (1) Subject to paragraph (5) and regulations 37(1) and 44(2), the provisions specified in paragraph (2) apply to—

• (a) a sea-going United Kingdom ship wherever it may be; and

• (b) a sea-going ship which is not a United Kingdom ship, while that ship is in United Kingdom waters, if—

• (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.

• (2) The provisions referred to in paragraph (1) are as follows—

• (a) all of the provisions in Parts 2 to 10B, other than those referred to in sub-paragraph (4)(b); and

• (b) all of the provisions in Part 11, other than regulations 55 and 57.

• (3) Subject to paragraph (5) and regulation 46(4), the provisions specified in paragraph (4) apply to a sea-going ship which is not a United Kingdom ship, while that ship is in United Kingdom waters, if—

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

• (b) the ship carries—

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

• (ii) an interim Maritime Labour Certificate.

• (4) The provisions referred to in paragraph (3) are as follows—

• (a) regulation 26 and all of the provisions in Parts 3 and 11 (other than regulation 54); and

• (b) the following provisions—

• (i) regulation 6;

• (ii) regulation 15;

• (iii) regulation 18;

• (iv) regulation 28;

• (v) regulation 33;

• (vi) regulation 41; ...

• (vii) regulation 46;

• (viii) regulation 53B(1)(b); and

• (ix) regulation 53M(1)(b).

• (5) These Regulations do not apply to—

• (a) pleasure vessels;

• (b) fishing vessels;

• (c) ships of traditional build;

• (d) warships or naval auxiliaries; or

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

PART 2 — Minimum age

Seafarer to be of minimum age

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• (1) A person under 16 years of age must not be employed, engaged or work on board a ship.

• (2) A breach of paragraph (1) is an offence by the shipowner, the master of the ship and the employer of the person under the age of 16.

Young persons on night duty

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• (1) Subject to paragraph (2), a seafarer under 18 years of age must not be employed, engaged or work on board a ship at night.

• (2) Paragraph (1) does not apply where—

• (a) the effective training of the seafarer, in accordance with established programmes and schedules, would be impaired by its application; or

• (b) the specific nature of the duty or of a recognised training programme requires that the seafarer performs duties at night and the work to be carried out is specified in Merchant Shipping Notice 1838(M) as not being detrimental to the health and well-being of seafarers under the age of 18.

• (3) In this regulation, “night” means a period—

• (a) the duration of which is not less than nine consecutive hours; and

• (b) which starts no later than midnight and ends no earlier than 5 a.m. (local time).

• (4) A breach of paragraph (1) is an offence by the shipowner, the master of the ship and the employer of the person under the age of 18.

Part 2 requirements for non-United Kingdom ships with MLC documentation

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• (1) A ship must not be operated in breach of the prohibitions in paragraphs 1 and 2 of Standard A1.1 (minimum age) of the MLC, subject to any exceptions made by the State whose flag the ship is entitled to fly in accordance with paragraph 3 of that Standard.

• (2) A breach of paragraph (1) is an offence by the shipowner, the master of the ship and the employer of a seafarer under the age prescribed in Regulation 1.1 of the MLC or, in the case of night work, the age prescribed in paragraph 2 of Standard A1.1 of the MLC.

Meaning of “employer” etc.

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In this Part—

• “employer” means the person by whom a person under 16 years of age or, as the case may be, a seafarer under 18 years of age is employed or engaged in breach of regulation 4, 5 or 6;

• “employed” means employed under a contract of employment; and

• “engaged” means engaged under a contract, whether express or implied and (if it is express) whether oral or in writing, whereby the person or seafarer so engaged undertakes to do or perform personally any work or services for the employer, or another party to the contract, whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried out by the person or seafarer.

PART 3 — Recruitment and placement

Duty on shipowner in respect of recruitment and placement services

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• (1) A shipowner must not use a recruitment and placement service to recruit a person as a seafarer to work on board a ship unless it is a service falling within paragraph (2).

• (2) A recruitment and placement service falls within this paragraph if it—

• (a) is based—

• (i) in the United Kingdom;

• (ii) in a country which has ratified the MLC; or

• (iii) in a country to which another country's ratification of the MLC has been extended; or

• (b) is based in another country and conforms to the requirements relating to recruitment and placement services referred to in paragraph 5 of Standard A1.4 of the MLC, whether or not those requirements are obligations under the law of the country in which it is based.

• (3) A breach of paragraph (1) is an offence by the shipowner.

• (4) In this regulation, “recruitment and placement service” means any person or organisation which is engaged in recruiting seafarers on behalf of shipowners or placing seafarers with shipowners.

PART 4 — Seafarers' employment agreements

Duty to enter into seafarer employment agreement

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• (1) A seafarer must have a seafarer employment agreement which complies with this regulation.

• (2) Subject to paragraph (4), if the seafarer is an employee but is not an employee of the shipowner—

• (a) the employer of the seafarer must be a party to the seafarer employment agreement; and

• (b) the seafarer employment agreement must include provision under which the shipowner guarantees to the seafarer the performance of the employer's obligations under the agreement insofar as they relate to the matters specified in–

• (i) paragraphs 5 to 11 of Part 1 of Schedule 1; and

• (ii) Part 2 of Schedule 1.

• (3) Subject to paragraph (4), if the seafarer is not an employee or if the seafarer is an employee of the shipowner, the shipowner must be a party to the seafarer employment agreement.

• (4) Paragraphs (2)(b) and (3) do not apply if the parties to a seafarer employment agreement are—

• (a) a seafarer who is on board the ship for the principal purpose of receiving training; and

• (b) an approved training provider.

• (5) A breach of paragraphs (1) to (3) is an offence by the shipowner.

• (6) In this Part—

• “approved training provider” means a person who provides or secures the provision of seafarer training pursuant to an agreement with the Secretary of State; and

• “employer” means a person by whom the seafarer is employed under a contract of employment.

Content of seafarer employment agreement

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• (1) Subject to paragraph (2), a seafarer employment agreement must include provision about the following matters—

• (a) if the seafarer is an employee of the shipowner or of any other person, the matters in Part 1 and Part 2 of Schedule 1;

• (b) if the seafarer is not an employee, the matters in Part 1 and Part 3 of Schedule 1,

and where the seafarer employment agreement is one which falls within regulation 9(4), the name and address of the approved training provider must be set out in the agreement.

• (2) Such provision may be achieved by way of reference to another document which includes provision about those matters.

• (3) A breach of paragraph (1) is an offence by the shipowner.

• (4) Prior to entering into a seafarer employment agreement, the shipowner or, in the case of an agreement falling within regulation 9(4), the approved training provider must take reasonable steps to satisfy itself with regard to the following requirements—

• (a) the seafarer must have had a sufficient opportunity to review and take advice on the terms and conditions of the agreement;

• (b) the seafarer must have received an explanation of the rights and responsibilities of the seafarer under the agreement; and

• (c) the seafarer must be entering into the agreement freely.

• (5) Where a shipowner—

• (a) fails to take such reasonable steps; or

• (b) in relevant cases, fails to take reasonable steps to ensure that the approved training provider has complied with paragraph (4),

the shipowner commits an offence.

• (6) A seafarer employment agreement must contain a declaration by the shipowner and the seafarer or, in the case of an agreement falling within regulation 9(4), by the approved training provider and the seafarer confirming that the requirements in paragraph (4)(a) to (c) have been met.

• (7) A breach of paragraph (6) is an offence by the shipowner.

Minimum notice period

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• (1) Subject to paragraph (3), the minimum period of notice which must be given before terminating a seafarer employment agreement is seven days or such longer period as may be specified in the agreement.

• (2) The minimum period of notice which must be given by a seafarer before terminating a seafarer employment agreement must not be longer than the minimum period of notice which must be given by the shipowner or, as the case may be, the approved training provider.

• (3) Nothing in this regulation prevents the earlier termination of a seafarer employment agreement without penalty where this is requested by the seafarer on compassionate grounds or where the seafarer is dismissed for reasons of gross misconduct.

Documents

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