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

• (v) essential fuel for survival on board the ship;

• (vi) necessary medical care;

• (c) the cost of repatriation, including—

• (i) the cost of appropriate travel arrangements and any related costs of passage, but this may be limited to travel or passage that is completed before the seafarer ceases to be abandoned; and

• (ii) the cost of transport of the seafarer’s personal effects; and

• (d) all other expenses reasonably incurred by the seafarer before the end of the relevant period as a result of being abandoned.

• (3) In this regulation—

• “abandonment claim” is a claim for financial assistance that—is submitted directly to the abandonment security provider by—an abandoned seafarer; ora person authorised by the seafarer to act on the seafarer’s behalf; andis supported by evidence showing that the seafarer is abandoned;

• “relevant period” has the meaning given in regulation 53L(3).

Consideration and payment of abandonment claims

53O

• (1) This regulation applies where an abandonment claim is made.

• (2) The abandonment security provider to whom the abandonment claim is made must within 7 days of receipt of the claim determine whether the seafarer is entitled to receive financial assistance.

• (3) An abandonment security provider who determines that a seafarer is entitled to receive financial assistance, whether in relation to the whole or any part of an abandonment claim, must within 14 days of receipt of the claim provide such assistance, whether or not there are further parts of the claim yet to be determined.

• (4) An abandonment security provider who in contravention of paragraph (2) fails to determine whether a seafarer is entitled to receive financial assistance in relation to the whole or part of an abandonment claim must within 14 days of receipt of the claim provide financial assistance in the amount claimed by the seafarer.

• (5) Where, in contravention of paragraph (3) or (4) financial assistance is not provided, the abandonment security provider must pay interest on the unpaid amount at the rate of 20% per year from the date of receipt of the claim.

• (6) An abandonment security provider who—

• (a) has provided financial assistance to a seafarer under paragraph (3); and

• (b) subsequently determines that the seafarer was not entitled to receive the financial assistance,

may recover as a civil debt the amount of the financial assistance less any interest payable under paragraph (5).

• (7) In this regulation “abandonment claim” has the meaning given in regulation 53N(3).

Subrogation

53P

• (1) Paragraph (2) applies where an abandonment security provider provides financial assistance (“the sum provided”) to a seafarer under an abandonment security.

• (2) Any rights which a seafarer has (or but for the payment of that sum would have had) against the shipowner as a result of being abandoned are, with respect to the sum provided, transferred to and vested in the abandonment security provider.

Duty to carry and display an abandonment security document

53Q

• (1) The shipowner must ensure that, for each abandonment security in force in relation to the ship, an abandonment security document containing the information specified in Schedule 4 is carried on board.

• (2) The shipowner must ensure that each abandonment security document that relates to the ship and is not in English, has with it an English translation.

• (3) A breach of paragraph (1) or (2) is an offence by the shipowner.

• (4) The shipowner and the master of a ship must ensure that each abandonment security document that relates to the ship, together with any English translation, is displayed in a conspicuous place on board ship.

• (5) A breach of paragraph (4) is an offence by the shipowner and the master of the ship.

• (6) “Abandonment security document” means a certificate or other documentary evidence of abandonment security issued by the abandonment security provider.

Termination of abandonment security effective only where notice given

53R

• (1) The termination by an abandonment security provider of an abandonment security before the end of its period of validity is effective only if the abandonment security provider gives at least 30 days’ prior notice to the Secretary of State.

• (2) A notice under paragraph (1) must—

• (a) be in writing; and

• (b) include a copy of the abandonment security document.

• (3) “Abandonment security document” has the meaning given in regulation 53Q(6).

Duty on shipowner to notify seafarers if abandonment security is to be terminated

53S

• (1) Where the shipowner becomes aware that any abandonment security that relates to a ship is to be, or has been, terminated before the end of its period of validity, the shipowner must give notice to that effect to all seafarers who work on the ship during the notification period.

• (2) A notice under paragraph (1) must—

• (a) be in writing;

• (b) state the date on which the abandonment security is to be or was terminated; and

• (c) be given as soon as reasonably practicable after the shipowner becomes aware that the abandonment security is to be or was terminated.

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

• (4) In this regulation, the “notification period” means the period —

• (a) beginning with the date on which the shipowner becomes aware that the abandonment security is to be, or has been, terminated before the end of its period of validity; and

• (b) ending with on the date that the shipowner becomes aware that the abandonment security has been replaced or reinstated.

Further provision on penalties

59A

• (1) Offences under the provisions listed in paragraph (2) are punishable on summary conviction—

• (a) in England and Wales, by a fine;

• (b) in Scotland and Northern Ireland, by a fine not exceeding level 5 on the standard scale.

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

• (a) regulation 53J(3);

• (b) regulation 53M(2);

• (c) regulation 53S(3).

• (3) Offences under the provisions listed in paragraph (4) are punishable—

• (a) on summary conviction—

• (i) in England and Wales, by a fine;

• (ii) in Scotland or Northern Ireland, by a fine not exceeding the statutory maximum; or

• (b) on conviction on indictment, by imprisonment for a term not exceeding two years or a fine, or both.

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

• (a) regulation 53B(2);

• (b) regulation 53F.

Defence

SCHEDULE 3 — Information to be included in a shipowner’s security document

1

The information to be included in a shipowner’s security document is—

• (a) the name of the ship to which the shipowner’s security relates;

• (b) the port of registry of the ship;

• (c) the call sign of the ship;

• (d) the International Maritime Organisation number of the ship;

• (e) the name and address of the shipowner’s security provider;

• (f) the contact details of the point of contact at the shipowner’s security provider responsible for handling claims made by seafarers;

• (g) the name of the owner of the ship;

• (h) the period of validity of the shipowner’s security;

• (i) a declaration from the shipowner’s security provider that the shipowner’s security meets the requirements of standard A4.2.1 of the MLC.

SCHEDULE 4 — Information to be included in an abandonment security document

1

The information to be included in an abandonment security document is—

• (a) the name of the ship to which the abandonment security relates;

• (b) the port of registry of the ship;

• (c) the call sign of the ship;

• (d) the International Maritime Organisation number of the ship;

• (e) the name and address of the abandonment security provider;

• (f) the contact details of the point of contact at the abandonment security provider responsible for handling seafarers’ abandonment claims;

• (g) the name of the owner of the ship;

• (h) the period of validity of the abandonment security;

• (i) a declaration from the abandonment security provider that the abandonment security meets the requirements of standard A2.5.2 of the MLC.

Seafarer employment agreements: captive seafarers

11A

• (1) Paragraph (2) applies to a seafarer’s seafarer employment agreement which would, but for the operation of that paragraph, terminate while the seafarer is held captive as a result of piracy or armed robbery against a ship.

• (2) Where this paragraph applies, the seafarer employment agreement continues to have effect until the date on which the shipowner’s duty under regulation 19 to repatriate the seafarer ends in accordance with regulation 21.

• (3) The reference in paragraph (1) to the termination of a seafarer employment agreement includes—

• (a) the operation of any provision of the seafarer employment agreement which would, but for this regulation, cause the seafarer employment agreement to cease to have effect; and

• (b) the expiry of notice to terminate the seafarer employment agreement given for any reason, regardless of when such notice was given.

• (4) For any period during which a seafarer is held captive as a result of piracy or armed robbery against a ship—

• (a) the seafarer’s wages, remuneration and other entitlements, whether arising under the seafarer’s seafarer employment agreement, a collective bargaining agreement or any enactment, must continue to be paid;

• (b) any part of the seafarer’s wages allotted to a person by an allotment note issued in accordance with regulations under section 36 of the Act must continue to be paid to that person; and

• (c) a term of any agreement is void to the extent that it purports to reduce, vary or stop any such payments.

Documents

Foreign language seafarer employment agreement

Duty of master to produce seafarer employment agreement

Part 4 requirements for non-United Kingdom ships with MLC documentation