The Merchant Shipping (Maritime Labour Convention) (Hours of Work) (Amendment) Regulations 2014

Made: 13th February 2014

Laid before Parliament: 19th February 2014

Coming into force: 17th March 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 .

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 85(1)(a) and (b), (3), (5) and (7) and 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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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Merchant Shipping (Hours of Work) Regulations 2002

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Amendments to legislation

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The Schedule (amendments to legislation) has effect.

SCHEDULE — AMENDMENTS TO LEGISLATION

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• (1) The Employment Tribunals Act 1996 is amended as follows.

• (2) In section 18(1) (cases where conciliation provisions apply)—

• (a) omit the “or” at the end of paragraph (w) ;

• (b) at the end of paragraph (x) insert “ , or ”;

• (c) after paragraph (x) insert—

(y) under regulation 22 of the Merchant Shipping (Hours of Work) Regulations 2002.

• (3) In section 21(1) (jurisdiction of the Appeal Tribunal)—

• (a) omit the “or” at the end of paragraph (x) ;

• (b) at the end of paragraph (y) insert “ , or ”;

• (c) after paragraph (y) insert—

(z) the Merchant Shipping (Hours of Work) Regulations 2002.

2

• (1) The Employment Rights Act 1996 is amended as follows.

• (2) In section 45A(5) (right not to suffer detriment: working time cases) after paragraph (c) insert—

(d) the Merchant Shipping (Hours of Work) Regulations 2002.

• (3) In section 101A(2) (fairness in dismissal: working time cases) after paragraph (c) insert—

(d) the Merchant Shipping (Hours of Work) Regulations 2002.

• (4) In section 104(4) (fairness in dismissal: assertion of statutory right), in paragraph (d), after “the Working Time Regulations 1998,” insert “ the Merchant Shipping (Hours of Work) Regulations 2002, ”.

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• (1) The Employment Rights (Northern Ireland) Order 1996 is amended as follows.

• (2) In Article 68A(5) (rights not to suffer detriment: working time cases)—

• (a) omit the “and” at the end of sub-paragraph (b);

• (b) at the end of sub-paragraph (c) insert “ ; and ”;

• (c) after sub-paragraph (c) insert—

(d) the Merchant Shipping (Hours of Work) Regulations 2002.

• (3) In Article 132A(2) (right not to be unfairly dismissed: working time cases)—

• (a) omit the “and” at the end of sub-paragraph (b);

• (b) at the end of sub-paragraph (c) insert “ ; and ”;

• (c) after sub-paragraph (c) insert—

(d) the Merchant Shipping (Hours of Work) Regulations 2002.

• (4) In Article 135(4) (right not to be unfairly dismissed: assertion of statutory right), in sub-paragraph (d), after “the Working Time Regulations (Northern Ireland) 1998,” insert “ the Merchant Shipping (Hours of Work) Regulations 2002, ”.

4

• (1) The Industrial Tribunals (Northern Ireland) Order 1996 is amended as follows.

• (2) In Article 20(1) (cases where conciliation provisions apply)—

• (a) omit the “or” at the end of sub-paragraph (s);

• (b) at the end of sub-paragraph (t) insert “ , or ”;

• (c) after sub-paragraph (t) insert—

(u) under regulation 21 of the Merchant Shipping (Hours of Work) Regulations 2002.

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• (1) The Working Time Regulations 1998 are amended as follows.

• (2) In regulation 18(1) (excluded sectors) for sub-paragraph (a) substitute—

(a) to workers to whom the Merchant Shipping (Hours of Work) Regulations 2002 apply.

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• (1) The Working Time Regulations (Northern Ireland) 1998 are amended as follows.

• (2) In regulation 18(1) (excluded sectors) for sub-paragraph (a) substitute—

(a) to workers to whom the Merchant Shipping (Hours of Work) Regulations 2002 apply.

Signed

Signed by authority of the Secretary of State for Transport

Stephen Hammond — Parliamentary Under Secretary of State — 2014-02-13

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c.68. Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c.51) and by section 3 of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7). The Maritime Labour Convention 2006 is regarded as one of the EU Treaties within the meaning of section 1(2) of the European Communities Act 1972 by virtue of the European Communities (Definition of Treaties) (Maritime Labour Convention) Order 2009 (S.I. 2009/1757, as amended by S.I. 2011/1043).

[^f00002]: S.I. 1993/595.

[^f00003]: 1995 c.21. Sections 85 and 86 were amended by section 8 of the Merchant Shipping and Maritime Security Act 1997 (c.28) and are applied to hovercraft by article 4 of the Hovercraft (Application of Enactments) Order 1989 (S.I. 1989/1350) (sections 85 and 86 re-enact sections 21 and 22 of the Merchant Shipping Act 1979 (c.39) which are referred to in that article). Section 85 was amended by Part 1 of Schedule 7 to the Merchant Shipping and Maritime Security Act 1997 (c.28) and section 2 of the British Overseas Territories Act 2002 (c.8). There are other amendments to sections 85 and 86 which are not relevant.

[^f00004]: S.I. 2002/2125, amended by S.I. 2003/3049, S.I. 2004/1469, S.I. 22004/1713 and S.I. 2005/2114; there is another amending instrument which is not relevant.

[^f00005]: Cmnd. 7049.

[^f00006]: Merchant Shipping Notice 1837(M) specifies which waters are Category A, B, C and D waters for the purposes of regulation 3(2)(a) of S.I. 1992/2356, as the notice which currently supersedes Merchant Shipping Notice M1504 pursuant to regulation 2 of those Regulations.

[^f00007]: S.I. 1995/1210, amended by S.I. 2004/302, S.I. 2005/2114 and S.I. 2010/1075; there are other amending instruments but none is relevant.

[^f00008]: S.I. 1998/2771, amended by S.I. 2002/1473; there is another amending instrument which is not relevant.

[^f00009]: S.I. 2004/302, amended by S.I. 2012/2636; there are other amending instruments but none is relevant.

[^f00010]: 1968 c.59.

[^f00011]: S.I. 2003/3049.

[^f00012]: 1954 c.33 (N.I.); section 42(5) was substituted by paragraph 1 of Schedule 1 to the Industrial Tribunals (Northern Ireland) Order 1996 (S.I. 1996/1921 (N.I. 18)).

[^f00013]: S.I. 1992/807 (N.I. 5); the definition of “collective agreement” was amended by article 150(2) of, and Schedule 2 to, the Trade Union and Labour Relations (Northern Ireland) Order 1995 (S.I. 1995/1980 (N.I. 12)).

[^f00014]: 1996 c.17. Section 18 was amended by section 1 of the Employment Rights (Dispute Resolution) Act 1998 (c.8) and section 5 of the Employment Act 2008 (c.24). Further amendments were made by Schedule 1 to the Enterprise and Regulatory Reform Act 2013 (c.24) but these are not yet in force or not yet in force for relevant purposes. There are other amendments to section 18 which are not relevant to these Regulations.

[^f00015]: S.I. 1996/1921 (N.I. 18). Article 20 was amended by Schedule 2 to S.I. 2002/2836 (N.I. 2) and section 8 of the Employment Act (Northern Ireland) 2011 (c.13 (N.I.)); there are other amending instruments which are not relevant to these Regulations.

[^f00016]: Subsection (1A) was inserted by the Merchant Shipping and Maritime Security Act 1997 (c.28), Schedule 1, paragraph 4.

[^f00017]: Section 261 was amended by the Merchant Shipping and Maritime Security Act 1997, Schedule 6, paragraph 16 and by S.I. 1998/2241 and S.I. 1998/2647. Section 264 was amended by the Arbitration Act 1996 (c. 23), Schedule 4, and by the Constitutional Reform Act 2005 (c. 4), Schedule 11; there are further amendments made by the Tribunals, Courts and Enforcement Act 2007 (c.15), section 50 and Schedule 10 which have yet to be brought into force.

[^f00018]: Section 284 was amended by the Merchant Shipping and Maritime Security Act 1997, Schedule 1.

[^f00019]: Cmnd. 8941.

[^f00020]: 1996 c.17. Section 18 was amended by section 1 of the Employment Rights (Dispute Resolution) Act 1998 (c.8) and section 5 of the Employment Act 2008 (c.24). Further amendments were made by Schedule 1 to the Enterprise and Regulatory Reform Act 2013 (c.24) but these are not yet in force or not yet in force for relevant purposes. There are other amendments to section 18 which are not relevant to these Regulations.

[^f00021]: 2007 c.29. Section 18 defines authorised persons for the purposes of the Act.

[^f00022]: O.J. L167, 2.7.1999, p. 33, amended by Council Directive 2009/13/EC.

[^f00023]: O.J. L014, 20.1.2000, p. 29.

[^f00024]: O.J. L124, 20.5.2009, p. 30.

[^f00025]: 1996 c.17. Sections 18 and 21 were amended by section 1 of the Employment Rights (Dispute Resolution) Act 1998 (c.8). Section 18 was also amended by section 5 of the Employment Act 2008 (c. 24) and section 21 by S.I. 1998/1833. Extensive amendments to section 18 were made by Schedule 1 to the Enterprise and Regulatory Reform Act 2013 (c.24) but these are not yet in force or not yet in force for relevant purposes. There are other amendments to sections 18 and 21 which are not relevant to these Regulations.

[^f00026]: 1996 c.18. Section 45A was inserted by S.I. 1998/1833 and subsection (5) was inserted by S.I. 2003/3049 and amended by S.I. 2004/1713 and S.I. 2008/1660. Section 101A was inserted by S.I. 1998/1833 and subsection (2) was inserted by S.I. 2003/3049 and amended by S.I. 2004/1713 and S.I. 2008/1660. Section 104(4)(d) was inserted by S.I. 1998/1833 and amended by S.I. 2004/1713 and S.I. 2008/1660.

[^f00027]: S.I. 1996/1919 (N.I. 16). Article 68A was inserted by S.R. 1998 No. 386 and Article 68A(5) was inserted by S.I. 2003/3049. Article 132A was inserted by S.R. 1998 No. 386 and Article 132A(2) was inserted by S.I. 2003/3049. Article 135(4)(d) was inserted by S.I. 2004/1713. There are other instruments amending Articles 68A, 132A and 135 which are not relevant to these Regulations.

[^f00028]: S.I. 1996/1921 (N.I. 18). Article 20 was amended by Schedule 2 to S.I. 2002/2836 (N.I. 2) and section 8 of the Employment Act (Northern Ireland) 2011 (c.13 (N.I.)); there are other amending instruments which are not relevant to these Regulations.

[^f00029]: S.I. 1998/1833. Regulation 18(1) was amended by S.I. 2003/1684, S.I. 2003/3049 and S.I. 2004/1713.

[^f00030]: S.R. 1998 No. 386. Regulation 18(1) was amended by S.R. 2003 No.330, S.I. 2003/3049 and S.I. 2004/1713.

Editorial notes