(1) Subject to paragraph (2), this regulation applies where an employer receives a written report from a medical practitioner which indicates that a seafarer who works or who has worked on a ship has (or has had) a disease listed in the table in Merchant Shipping Notice 1850(M).

(2) This regulation does not apply where the entry in the table in Merchant Shipping Notice 1850(M) for the disease which the seafarer has (or has had) refers to an activity or a particular form or description of an activity, and that seafarer is not (and was not) involved in that activity (or that particular form or description of the activity) when working on that ship.

(3) The employer must—

(a) have regard to the International Labour Organization guidance concerning the protection of workers’ personal data referred to in Merchant Shipping Notice 1850(M);

(b) complete a form in the form specified in that Notice in respect of the seafarer; and

(4) In this regulation—

“fully registered person” and “licence to practice” have the meanings given in section 55(1) of the Medical Act 1983;

“medical practitioner” means—in the case of a practitioner ordinarily resident in the United Kingdom, a fully registered person who holds a licence to practise; andin the case of a practitioner not ordinarily resident in the United Kingdom, a person entitled to practise as such in the country or territory in which that practitioner is ordinarily resident.

Capabilities and training

Extension of duties in other Regulations as regards seafarers who are not workers

13A

(1) This regulation applies if—

(a) a duty is owed by an employer to a worker on a ship in respect of a risk concerning workplace health and safety by virtue of one or more provisions in any of the Regulations listed in the Schedule; and

(b) at least one seafarer who is not a worker is exposed to that risk.

(2) The shipowner must, so far as is reasonably practicable and appropriate, ensure that any action taken by any person to discharge a duty referred to in paragraph (1)(a) in respect of that risk as regards workers is also taken as regards seafarers who are not workers.

Inspection of United Kingdom ships and non-United Kingdom ships without MLC documentation

27A

(1) For the purpose of checking compliance with these Regulations, a relevant inspector (or, in the case of a United Kingdom ship, a proper officer as defined in section 313(1) of the Act (definitions)) may at all reasonable times go on board a ship and inspect the ship, its equipment, any articles on it and any document carried on it.

(2) Section 258(1A), (3) and (5) of the Act (powers to inspect ships and their equipment, etc.) applies in relation to paragraph (1) as if references in those subsections to “subsection (1) above” and “this section” were references to paragraph (1).

(3) Sections 259(1), (2), (5), (7) and (9) to (12) and 260(1) and (2) of the Act (powers of inspectors in relation to premises and ships, and supplementary provisions) apply in relation to the inspection of a ship to which this regulation applies for the purpose of checking compliance with these Regulations as if—

(a) references in those sections to “this Act” were to these Regulations;

(b) for section 259(1)(b) there were substituted a reference to any ship to which this regulation applies;

(d) in section 259(5) the reference to “subsections (2) and (4) above for the purposes of Chapter II of Part VI” were to “subsection (2) above”, and the reference to “those subsections” were to “that subsection”.

(4) Any Regulations made under section 259(8) or section 260(3) of the Act apply for the purposes of the provisions of those sections as applied by paragraphs (2) and (3) as they apply for the purposes of the Act.

(5) Sections 261 to 266 of the Act (improvement notices and prohibition notices) apply for the purposes of these Regulations as if the meaning of “the relevant statutory provisions” in section 261(4) included these Regulations.

Detention of United Kingdom ships and non-United Kingdom ships without MLC documentation

27B

(1) Where a relevant inspector has clear grounds for believing that—

(a) a ship to which this regulation applies does not comply with these Regulations; and

(i) the conditions on board are clearly hazardous to the safety, health or security of seafarers; or

(ii) the non-compliance represents a serious breach or the latest in a series of repeated breaches of these Regulations or the requirements of the MLC (including the rights of seafarers referred to in Articles III and IV of the MLC which are secured by it),

that ship is liable to be detained.

(2) The power under this regulation to detain a ship may be exercised as regards a United Kingdom ship wherever it may be, but as regards a ship which is not a United Kingdom ship may only be exercised if the ship in question is—

(a) in a port or shipyard in the United Kingdom; or

(b) at an offshore terminal in United Kingdom waters.

(3) A person having powers to detain a ship may permit a ship which is liable to be detained under this regulation to proceed to sea for the purpose of proceeding to the nearest appropriate repair yard available.

(4) Section 284 of the Act (enforcing detention of a ship) applies where a ship is liable to be detained under this regulation as if—

(a) references to the owner of a ship were to the shipowner under these Regulations;

(b) references to detention of a ship under the Act were references to detention of the ship in question under this regulation; and

(5) Where a ship is liable to be detained under this regulation, the person detaining the ship must serve on the master of the ship a detention notice which—

(a) states the grounds for the detention; and

(b) requires the terms of the notice to be complied with until the ship is released by any person mentioned in section 284(1) of the Act.

(6) Where a ship other than a United Kingdom ship is detained, the Secretary of State must immediately inform the consul or diplomatic representative of the State whose flag the ship is entitled to fly or the appropriate maritime authorities of that State, and invite them to send a representative to attend the ship.

(7) Where a ship is detained under this regulation and all of the grounds for detention have ceased to apply, a person having power to detain the ship must, at the request of the shipowner or master, immediately release the ship—

(a) if no proceedings for an offence under these Regulations are instituted within the period of seven days beginning with the day on which the ship is detained;

(b) if proceedings for an offence under these Regulations, having been instituted within that period, are concluded without a person being convicted;

(i) the sum of £30,000 is paid to the Secretary of State by way of security; or

(ii) security which, in the opinion of the Secretary of State, is satisfactory and is for an amount not less than £30,000 is given to the Secretary of State,

by or on behalf of the shipowner or master;

(d) where a person is convicted of an offence under these Regulations, if any costs or expenses ordered to be paid by that person, and any fine imposed on that person, have been paid; or

(e) if the release is ordered by a court or tribunal referred to in article 292 of the United Nations Convention on the Law of the Sea, and any bond or other financial security ordered by such court or tribunal is posted.

(8) The Secretary of State must repay any sum paid in pursuance of paragraph (7)(c) or release any security so given—

(a) if no proceedings for an offence under these Regulations are instituted within the period of seven days beginning with the day on which the sum is paid or the security is given; or

(b) if proceedings for such an offence, having been instituted within that period, are concluded without a person being convicted.

(9) Where a sum has been paid, or security has been given, by any person in pursuance of paragraph (7)(c) and a person is convicted of an offence under these Regulations, the sum so paid or the amount made available under the security must be applied as follows—

(a) first in payment of any costs or expenses ordered by the court to be paid by the person convicted; and

(b) next in payment of any fine imposed by the court,

and any balance must be repaid to the first-mentioned person.

(10) Section 145 of the Act (interpretation of references in section 144 to the institution of proceedings or their conclusion) applies for the purposes of paragraphs (7) and (8) as if—

(a) references to the owner of a ship were to the shipowner under these Regulations; and

(b) references to an offence under section 131 were references to an offence under these Regulations.

Inspection and detention and other measures in respect of fishing vessels registered outside the United Kingdom

Inspection of non-United Kingdom ships with MLC documentation

28A

(1) A relevant inspector may—

(a) review the ship’s Maritime Labour Certificate and Declaration of Maritime Labour Compliance or the ship’s interim Maritime Labour Certificate; and

(b) where Standard A5.2.1 of the MLC applies, carry out a more detailed inspection in accordance with that Standard.

(2) Where a relevant inspector has power to inspect a ship under paragraph (1)(b), regulation 27A applies to the relevant inspector as if—

(a) in paragraphs (1) and (3), for the words “checking compliance with these Regulations” there were substituted “carrying out an inspection under regulation 28A(1)(b)”; and

(b) in paragraph (3), for the words “to which this regulation applies” in both places where they appear there were substituted “to which regulation 28A(1)(b) applies”.

Detention of non-United Kingdom ships with MLC documentation

28B

(1) Where a relevant inspector inspects the ship under regulation 28A(1)(b) and has clear grounds for believing that—

(a) one or more of the requirements of Regulation 4.3 and Standard A4.3 of the MLC (health and safety protection and accident prevention) have not been complied with; and

(i) the conditions on board are clearly hazardous to the safety, health or security of seafarers; or

(ii) the non-compliance represents a serious breach or the latest in a series of repeated breaches of the requirements of the MLC (including the rights of seafarers referred to in Articles III and IV of the MLC which are secured by it);

the ship is liable to be detained.

(2) The power under this regulation to detain a ship may only be exercised if the ship in question is—

(a) in a port or shipyard in the United Kingdom; or

(b) at an offshore terminal in United Kingdom waters.

(3) A person having powers to detain a ship may permit a ship which is liable to be detained under this regulation to proceed to sea for the purpose of proceeding to the nearest appropriate repair yard available.

(4) Where a ship is liable to be detained under paragraph (1), section 284 of the Act (enforcing detention of a ship) has effect in relation to that ship as if—

(a) references to the owner of a ship were to the shipowner under these Regulations;

(b) references to detention of a ship under the Act were references to detention of the ship in question under these Regulations; and

(5) Where a ship is detained under this regulation the Secretary of State must immediately inform the consul or diplomatic representative of the State whose flag the ship is entitled to fly, or the appropriate maritime authorities of that State, and invite them to send a representative to attend the ship.

(6) Where a ship is detained under this regulation and all the grounds for detention have ceased to apply, a person having power to detain the ship must, at the request of the shipowner or master, immediately release the ship.

Enforcement of detention

Compensation

Part VII — Review

Review

31

(1) The Secretary of State must from time to time—

(a) carry out a review of these Regulations;

(b) set out the conclusions of the review in a report; and

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the MLC is implemented in other member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by these Regulations;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years beginning with the day on which this regulation comes into force.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

SCHEDULE — Merchant Shipping Health and Safety Regulations containing duties in respect of workers which regulation 13A extends to all seafarers

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Electromagnetic Fields) Regulations 2016

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Asbestos) Regulations 2010

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Work at Height) Regulations 2010

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Chemical Agents) Regulations 2010

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Biological Agents) Regulations 2010

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Carcinogens and Mutagens) Regulations 2007

The Merchant Shipping and Fishing Vessels (Control of Vibration at Work) Regulations 2007

The Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007

The Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) Regulations 2006

The Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006

The Merchant Shipping and Fishing Vessels (Safety Signs and Signals) Regulations 2001

The Merchant Shipping and Fishing Vessels (Personal Protective Equipment) Regulations 1999

The Merchant Shipping and Fishing Vessels (Manual Handling Operations) Regulations 1998

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Employment of Young Persons) Regulations 1998

Code of Safe Working Practices

12A

The Company must ensure that there are sufficient copies of the Code on board a ship so that it is easily accessible and readily available to all workers and seafarers who are not workers.

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