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MSN 1848 - MLC 2006 Survey and Certification of UK Ships

MCA 150

MERCHANT SHIPPING NOTICE

MSN 1848 (M)

Maritime Labour Convention, 2006

Survey and Certification of UK Ships

Notice to all Ship Owners, Ship Operators, Managers, Manning Agents, Trade Unions and Seafarers

This notice should be read with Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013 (S.I. No 2013/1785) and the ILO Guidelines for Flag State Inspections and replaces MSN 1769(M).

Summary

  • The purpose of this Merchant Shipping Notice is to give details of arrangements for the survey, inspection and certification of seafarers’ working and living conditions on UK ships, in accordance with the Maritime Labour Convention, 2006 (MLC) under the Merchant Shipping (Maritime Labour Convention)(Survey and Certification) Regulations 2013 (S.I. No. 2013/1785) (“the MLC Survey & Certification Regulations”), and provide appropriate guidance.
  • Ships of 500GT and over operating internationally or in a foreign port require a Maritime Labour Certificate. Shipowners for ships under 500GT which operate internationally or in a foreign port may also request a survey for issue of a certificate. For UK ships, currently a Maritime Labour Certificate can only be issued by the Maritime and Coastguard Agency.
  • A Maritime Labour Certificate is valid for five years, subject to an intermediate inspection between the second and third year, after which the certificate may be endorsed.
  • All ships, whether or not they require a Maritime Labour Certificate, will be inspected twice within a five year period and inspections will, where appropriate, be conducted at the same time as ISM audits.
  • Prior to applying for survey or inspection, shipowners should familiarise themselves with the UK’s Declaration of Maritime Labour Compliance Part 1, available on the MCA website, and, if they need or want a Maritime Labour Certificate, should prepare a Declaration of Maritime Labour Compliance Part 2. Relationship with the MLC Survey & Certification Regulations.
  • The MLC Survey & Certification Regulations need to be read together with this Merchant Shipping Notice, as it sets out many of the details, standards and formalities which must be observed in order to comply with the legal obligations under those Regulations. Failure to comply with those obligations may be a criminal offence under the Regulations.
  • In order to assist with this Paragraph 14 contains an index which clearly sets out and/or identifies the provisions in this Notice which relate to the relevant provision in the Regulations.

1. Introduction

1.1 The Maritime Labour Convention, 2006 (MLC) requires ratifying states to implement an inspection regime to ensure that the ships flying their flag comply with the national legislation which implements the MLC standards. For ships of 500GT or over operating internationally, this regime must also provide for certification. The Convention also sets out Port State Control provisions so that ratifying countries can inspect vessels calling at their ports for compliance with the MLC.

1.2 The Maritime and Coastguard Agency (MCA) has been carrying out formal inspections of living and working conditions on UK ships of 500GT and over since 2nd July 2004 under ILO Convention No.178. These inspections will now be replaced by MLC survey and inspection. Through the new regime the MCA will continue to promote and ensure effective co-operation between inspectors, shipowners, seafarers and their respective organisations, in order to maintain and improve seafarers’ working and living conditions.

2. Application

2.1 The MLC Survey & Certification Regulations do not apply to pleasure vessels, fishing vessels, ships of traditional build, warships or naval auxiliaries and ships not ordinarily engaged in commercial activities. Otherwise, the arrangements in this notice apply to all UK ships unless they operate exclusively from a UK port on domestic voyages within 60 nautical miles of a UK safe haven.

2.2 For inspection arrangements for small commercial vessels operating outside those limits under the MCA Codes of Practice, please see MGN 490(M) (for vessels under 200GT) and MGN 491(M) (for vessels of 200GT and under 500GT).

3. The MLC Survey & Certification regime

3.1 The MLC Survey & Certification Regulations refer to five different circumstances for survey (in the Regulations, the term “survey” is used in every context, but this notice, when describing UK arrangements, makes the conventional distinction between a “survey”, which would lead to issue of a certificate, and “inspection” when no certificate is required or requested).

3.2 The five circumstances are:

3.2.1 Mandatory surveys for ships of 500GT and over operating internationally or operating from a port in a country other than the United Kingdom

  • Initial survey – before the first issue of a Maritime Labour Certificate to the ship; there will only ever be one initial inspection for any particular ship;
  • Renewal survey – at five yearly intervals following the initial survey, for issue of a new Maritime Labour Certificate;
  • Intermediate survey – between the second and third years of validity of the Maritime Labour certificate to ensure that the ship continues to comply with the UK Maritime Labour Convention standards.

3.2.2 Voluntary survey, where requested by the shipowner for issue of a certificate (for ships not covered by 3.2.1 (see paragraph 8.5). Once issued, the certificate is subject to the regime set out in paragraph 3.2.1.

3.2.3 Mandatory inspection of all vessels not covered by 3.2.1 or 3.2.2 to be carried out at least twice in five years.

4. Organisation of inspections

4.1 MCA will follow the ILO Guidelines on Flag State Inspection for the Maritime Labour Convention, 2006. These Guidelines can be viewed on the ILO website at

http://www.ilo.org/global/standards/maritime-labour-convention/WCMS_101788/lang--en/index.htm .

Section 2.2 of the Guidelines explains the inspection and certification process. Chapter 3 explains how inspections of the seafarer living and working conditions will be carried out under the MLC, and possible deficiencies that may arise for each regulation during a survey or inspection. Further guidance on the actions that surveyors may take when deficiencies have been identified can be found in chapter 4 of the same document.

4.2 Each ship, regardless of whether it is required to have a Maritime Labour Certificate or not, will be surveyed or inspected twice in every 5 years, with the intermediate survey or inspection being carried out between the second and third years, following the normal pattern of international Convention certificates. As with the ILO 178 inspections it is intended to conduct MLC surveys at the same time as International Safety Management (ISM) Code audits of individual ship Safety Management Certificates (SMC) to minimise inconvenience to shipowners and seafarers. However, an MLC survey or inspection and an SMC audit cover separate issues, and both are needed.

4.3 For ships not covered by the ISM Code, inspections will, wherever possible, be carried out in conjunction with other surveys or other targeted inspections carried out by the MCA.

4.4 Notwithstanding that the MLC Survey & Certification Regulations refers generally to surveys etc being performed by certifying authorities (being either the Secretary of State/MCA or a Recognised Organisation), it is not the MCA's current intention to delegate MLC surveys or inspections to Recognised Organisations except on a case by case basis, for example crew accommodation approval on a new building or inspection for an interim Maritime Labour Certificate for a ship joining the UK Register.

4.5 For ships joining the UK Register, the MCA’s intention is to carry out an MLC survey for issue of the full Maritime Labour Certificate at interim ISM audit as part of the UK’s flag in process.

5. Scope of Inspections

5.1 In all the circumstances described in paragraph 3, the survey or inspection must cover the

following working and living conditions under the MLC:

  • Minimum age
  • Medical certification
  • Qualification of seafarers
  • Seafarers’ employment agreements
  • Use of any licensed or certified or regulated private recruitment and placement service
  • Hours of rest
  • Manning levels for the ship
  • Accommodation
  • On-board recreational facilities
  • Food and catering
  • Health and safety and accident prevention
  • On board medical care
  • On-board complaint procedures
  • Payment of wages

5.2 This does not mean that other areas of the Convention which are not specifically mentioned in the list above are excluded from the survey or inspection. The MCA intends to conduct surveys and inspections against this list in a manner which ensures that all aspects of the Convention are covered. For example, repatriation arrangements and the shipowner’s liability for medical care must be included in the seafarers’ employment agreements, so a check of the seafarer employment agreement will be used to confirm that the repatriation and medical care provisions are satisfactory.

5.3 Furthermore while the majority of the obligations under the Convention are the responsibility of the MCA to enforce, some obligations may be enforced by other government departments, and MCA will seek the advice and assistance of other departments when required.

6. Mandatory Standards

6.1 The standards with which ships must comply (subject to paragraph 11 below) in order to be issued with a UK Maritime Labour Certificate, for endorsement following an intermediate survey or for inspection under paragraph 3.2.3, are listed at Annex 1. Paragraph 14.1 contains additional information as to the interpretation of Annex 1 in connection with the MLC Survey & Certification Regulations.

7. Inspection Reports

7.1 The attending surveyor will complete a report listing any deficiencies that have been noted during the survey or inspection. The report is to be given to the Master and a copy posted on the ship’s notice board for the information of all seafarers. A copy may also be sent to seafarers’ organisations and a final copy will be held by the MCA on the relevant file.

8. Certification

8.1 If the ship requires a certificate, or the shipowner has requested one, on completion of a successful survey, a Maritime Labour Certificate will be issued.

8.2 The form of an interim Maritime Labour Certificate is at Annex 2 to this notice. An interim Maritime Labour Certificate may only be issued to:

  • a new build; or
  • when the ship changes flag; or
  • when the applicant wishes to change the person named as “shipowner” on an existing Maritime Labour Certificate.

8.3 An interim Maritime Labour Certificate will be issued following survey, if the MCA is satisfied that the ship has adequate procedures to comply with the relevant UK standards, that the master of the ship is familiar with the requirements of the MLC, and that there is sufficient information for the preparation of a DMLC Part 1. An interim Maritime Labour Certificate is valid for a maximum period of 6 months, and cannot be revalidated, nor can a second interim certificate be issued. Before the end of the 6-month validity of the interim Maritime Labour Certificate, the ship should be subject to full survey to determine whether a full Maritime Labour Certificate can be issued. Standard A5.1.3.8 of the Convention sets out the requirements on this point.

8.4 The form of full Maritime Labour Certificate is at Annex 3 to this notice. A full term certificate valid for a maximum period of 5 years is to be issued on completion of a satisfactory survey. If a renewal survey is completed within 3 months immediately prior to the expiry date of the certificate then the expiry date on the subsequent certificate will be five years from the expiry date of the previous certificate. If the renewal survey is carried out outside the 3 month “window” then the expiry date of the new certificate is 5 years after the date of completion of the renewal survey. An intermediate survey is to be carried out between the second and third years. The scope of an intermediate survey is the same as that for a renewal survey. The certificate must be endorsed following a satisfactory intermediate survey.

8.5 There is provision within the Regulations for owners of ships that are less than 500GT or do not operate internationally to request certification under the MLC. In such circumstances the process and documentation is the same as that for ships of 500GT or over. However, while it is voluntary and optional to request a Maritime Labour Certificate for those ships, once a certificate has been issued, it is mandatory to comply with the relevant provisions in the Regulations concerning associated obligations (for example, intermediate inspection, display of documentation), and non-compliance with those requirements may give rise to criminal sanctions (as it does in respect of ships of 500GT and over). For the purposes of regulation 10(3)(b), a certificate which has been issued on such a voluntary basis will cease to be valid upon the anniversary date for the Maritime Labour Certificate in its third year of validity if it has not been endorsed to show a satisfactory intermediate survey, as described in paragraph 8.4.

9. Validity of a Maritime Labour Certificate or an interim Maritime Labour Certificate

9.1 A certificate becomes invalid:

9.1.1 if a satisfactory intermediate survey is not carried out within the specified period;

9.1.2 if the certificate is not endorsed following an intermediate survey;

9.1.3 if the ship transfers to another flag;

9.1.4 if the shipowner named on the Certificate ceases to be the shipowner; or

9.1.5 if substantial changes are made or damage sustained to the ship’s accommodation and recreational facilities for seafarers or its food and catering facilities.

9.2 Where the certificate becomes invalid for the reasons in 9.1.3 to 9.1.5 above, it can only be reissued following survey.

9.3 The MCA may cancel a certificate it there is reason to believe it was issued on the basis of incorrect information.

9.4 The MCA may suspend the validity of a Maritime Labour Certificate or an interim Maritime Labour Certificate if an improvement notice has been issued under section 261 of the Merchant Shipping Act and has not been complied with within the specified period or if there is clear evidence that the ship does not comply with the relevant requirements(Annex 1).

10. Declaration of Maritime Labour Compliance

10.1 The Declaration of Maritime Labour Compliance is in two parts.

10.1.1 Part I is to be completed by the attending surveyor and will identify the topics for survey, and set out by reference relevant UK standards concerning the MLC. It will also refer to any relevant ship-type specific requirements under national legislation and record any substantially equivalent provisions (see paragraph 10) or exemptions applicable to the ship. The form of the DMLC Part I is at Annex 4 to this notice. The contents of the DMLC Part I issued to a particular ship will vary slightly depending on the requirements applicable to the ship.

10.1.2 Part II is to be completed by the shipowner and approved by the attending surveyor when the first survey is completed. The Part II declaration details the shipowner’s procedures for ongoing compliance with the MLC. The format for a Part II is at Annex 5 to this notice. This format (MSF 2401) is also available to download from the MCA website [www.dft.gov.uk/mca/mlc under Title 5]. The DMLC Part II and any supporting documentation must be made available in English.

10.2 A Declaration of Maritime Labour Compliance need not be issued for the period of validity of an interim certificate.

11. Substantial equivalence and exemptions

11.1 Paragraph 37 of Chapter 2 of the Guidelines for Flag State Inspections explains the concept of substantial equivalence. Any substantial equivalent agreed by the MCA which is relevant to the ship, is to be listed on the Part I declaration.

11.2 Paragraph 38 of the same chapter of the guidelines gives guidance on exemptions which may only be granted from specific parts of Regulation 3.1 on crew accommodation, and where provided for in UK regulations, following consultation with the social partners. Exemptions are to be listed on the Part I declaration.

12. Documents to be carried on board ship and made available

12.1 The current valid Maritime Labour Certificate and Declaration of Maritime Labour Compliance must be carried onboard, and posted in a conspicuous place where it is available to seafarers.

12.2 A copy of the Maritime Labour Convention, 2006 must also be carried on board.

12.3 Copies of all these documents must be made available on request to seafarers, flag state inspectors, authorised officers in port states and shipowners’ and seafarers’ representatives.

13. Fees

13.1 Fees will be charged at the current hourly rate for survey on ships that are required or which the shipowner requests to be certificated. No fees will be charged for  investigating complaints or for inspections on ships that are less than 500GT where the shipowner has not requested certification unless a re-visit is required.

14. References to this Notice in the Merchant Shipping (Maritime Labour Convention) (Survey & Certification) Regulations 2013

14.1 The references to this Notice in the MLC Survey & Certification Regulations are indexed below. This is the version of Merchant Shipping Notice 1848(M) which is considered to be relevant until further notice. The functions of the Secretary of State under the Regulations will in practice be exercised through the MCA, and references in this paragraph refer to the MCA accordingly.

Regulation 2(1): The United Kingdom Maritime Labour Convention standards are those set out in Annex 1 to this Notice. The provisions in Annex 1 which are in italics are intended as additional supporting guidance and do not form part of the United Kingdom Maritime Labour Convention standards.

There are two types of provision in Annex 1:

The first type is a reference to existing UK legislation, with or without modifications – the standard in the legislation so referred to (as amended, where applicable) forms part of the standards in Annex 1.

The second type is a standard which is set out in full in Annex 1. This type of standard does not derive from existing UK legislation, but derives from the legislation which has been prepared to fully implement the Maritime Labour Convention in UK law, which will be made shortly. The MCA intends to revise Annex 1 after all of the implementing legislation has been made.

Terms used in Annex 1 which are defined in regulation 2 of the MLC Survey & Certification Regulations have the same meaning as in those regulations. The paragraph numbering used for the second type of standard (as explained above) is intended to correspond to the Title in the Convention which relates to the standard in question, and is accordingly not necessarily sequential.

Regulation 5(1)(a) : The MCA (and any other certifying authority) will conduct an initial survey as described in paragraph 3.2.1. This survey will be carried out in the manner described in paragraph 4, and with the scope described in paragraph 5. It will be carried out by reference to the United Kingdom Maritime Labour Convention standards (as described above for the purposes of regulation 2(1)), subject to paragraph 11.

Regulation 5(1)(b): The MCA (and any other certifying authority) will conduct a renewal survey as described in paragraph 3.2.1. This survey will be carried out in the manner described in paragraph 4, and with the scope described in paragraph 5. It will be carried out by reference to the United Kingdom Maritime Labour Convention standards (as described above for the purposes of regulation 2(1)), subject to paragraph 11.

Regulation 5(2)(c): The MCA (and any other certifying authority) will conduct an intermediate survey as described in paragraph 3.2.1. This survey will be carried out in the manner described in paragraph 4, and with the scope described in paragraph 5. It will be carried out by reference to the United Kingdom Maritime Labour Convention standards (as described above for the purposes of regulation 2(1)), subject to paragraph 11.

Regulation 5(3): The MCA (and any other certifying authority) will conduct a survey under paragraph 5(3) as follows:

  • If the shipowner makes a request for Maritime Labour Convention documentation pursuant to regulation 6(3), the MCA (and any other certifying authority) will conduct a survey as described in paragraph 3.2.2. This survey will be carried out in the manner described in paragraph 4, and with the scope described in paragraph 5. It will be carried out by reference to the United Kingdom Maritime Labour Convention standards (as described above for the purposes of regulation 2(1)), subject to paragraph 11.
  • If the shipowner does not make a request pursuant to regulation 6(3), the MCA (and any other certifying authority) will conduct a survey as described in paragraph 3.2.3.

This survey will be carried out in the manner described in paragraph 4, and with the scope described in paragraph 5. It will be carried out by reference to the United Kingdom Maritime Labour Convention standards (as described above for the purposes of regulation 2(1)), subject to paragraph 11.

Regulation 6(5): The form of the Maritime Labour Certificate to be issued in respect of UK ships is set out in the model shown at Annex 3 to this Notice. As mentioned in that Annex, a valid Maritime Labour Certificate must have a Declaration of Maritime Labour Compliance (DMLC) attached. Annexes 4 and 5 show the form of Parts 1 and 2 of the DMLC respectively.

As regards the content of the certificate, where the model in Annex 3 contains blank boxes, lines or spaces which are to be completed, it is a requirement for the purposes of regulation 6(5) that they be appropriately completed.

Regulation 7(1): The initial, renewal and intermediate surveys referred to in sub-paragraph (a) are the surveys of those names described above for the purposes of regulation 5(1)(a), (b) and (c). Such surveys would be conducted by the Government of a Convention State for the purposes of regulation 7(1), but subject to the provisions of regulation 7 would otherwise be conducted in the same manner as a survey of the same name conducted by a certifying authority under regulation 5.

Regulation 7(3): The form of the Maritime Labour Certificate to be issued in respect of UK ships is set out in the model shown at Annex 3 to this Notice. As mentioned in that Annex, a valid Maritime Labour Certificate must have a Declaration of Maritime Labour Compliance (DMLC) attached. Annexes 4 and 5 show the form of Parts 1 and 2 of the DMLC respectively.

As regards the content of the certificate, where the model in Annex 3 contains blank boxes, lines or spaces which are to be completed, it is a requirement for the purposes of regulation 7(3) that they be appropriately completed.

Regulation 8(2): The MCA (and any other certifying authority) will conduct a survey under regulation 8(2) where an interim Maritime Labour Certificate (as described in paragraph 8(2)) is requested. This survey will be carried out in the manner described in paragraph 4, and with the scope described in paragraph 5. It will be carried out by reference to the United Kingdom Maritime Labour Convention standards (as described above for the purposes of regulation 2(1)), subject to paragraph 11. However, as mentioned in regulation 8(2) and in Standard A5.1.3.7(a) of the Convention, the survey is subject to a “so far as reasonable and practicable” caveat, which is intended to reflect the idea that it may be appropriate to issue an interim Maritime Labour Certificate (which has a short period of validity which cannot be extended) notwithstanding that the survey has not been able to cover every aspect of all of the matters described in paragraph 5(1).

Regulation 8(5): The form of the interim Maritime Labour Certificate to be issued in respect of UK ships is set out in the model shown at Annex 2 to this Notice. As regards the content of the certificate, where the model in Annex 2 contains blank boxes, lines or spaces which are to be completed, it is a requirement for the purposes of regulation 8(5) that they be appropriately completed.

Regulation 10(3): The requirement as regards endorsements for the purposes of regulation 10(3) is that there be an endorsement recording a satisfactory intermediate inspection on the Maritime Labour Certificate no later than the anniversary date for the Maritime Labour Certificate in its third year of validity. A Maritime Labour Certificate which has been issued on a voluntary basis will cease to be valid upon the anniversary date for the certificate in its third year of validity if it has not been endorsed to show a satisfactory intermediate inspection. This is discussed in paragraphs 8.4 and 8.5 of this Notice.

Regulation 11(3)(b): The surveys referred to in this provision are those described in paragraph 3.2.1 and 3.2.2.

Regulation 11(4): The form of the Declaration of Maritime Labour Compliance (DMLC) to be issued in respect of UK ships comprises the models for Part 1 and Part 2 of the DMLC as set out in Annexes 4 and 5 to this Notice respectively. As regards the content of the DMLC, where the models in Annexes 4 and 5 contains blank boxes, lines or spaces which are to be completed, it is a requirement for the purposes of regulation 11(4) that they be appropriately completed.

Regulation 12(3): The persons to whom the shipowner and master must make the relevant documents (being documents which the ship must carry in accordance with regulation 12(1) and (2), where applicable) available on request are the persons specified in paragraph 12.3 of this Notice.

Regulation 15(2): For the purposes of regulation 15(2), the endorsement required in relation to a ship to which regulation 5(3) applies but in respect of which a Maritime Labour Certificate has been issued is the endorsement recording a satisfactory intermediate inspection on the Maritime Labour Certificate no later than the anniversary date for the Maritime Labour Certificate in its third year of validity. This is discussed in paragraphs 8.4 and 8.5 of this Notice.

As the ship can legitimately have the intermediate inspection at any time up to the anniversary date in the third year of validity, it follows that it is not a requirement for the purposes of regulation 15(2) that there be such an endorsement prior to that date.

More Information

ISM/ISO Policy Branch

Maritime and Coastguard Agency,

Bay 2/22

Spring Place,

105 Commercial Road,

Southampton,

SO15 1EG.

Tel : +44 (0) 23 8032 9549

Fax : +44 (0) 23 8032 9104

e-mail: [email protected]

General Inquiries: [email protected]

MCA Website Address: www.dft.gov.uk/mca

File Ref: MC 18/1/55

Published: July 2013

Please note that all addresses and telephone numbers are correct at time of publishing.

ⓒ Crown Copyright 2013.

Safer Lives, Safer Ships, Cleaner Seas.

 

Annex 1

(paragraph 14)

Mandatory Standards for UK ships for issue of a Maritime Labour Certificate

As set out in paragraph 14 of the Notice, supporting guidance is in italics, and references to other legislation should be read as a reference to the standards set out in the legislation specified.

Title 1.1 Minimum age

Merchant Shipping and Fishing Vessels (Health and Safety) (Employment of Young Persons) Regulations 1998 (S.I. 1998/2411)(*1) regulations 5, 6(1) to (5) and (8) and 9.

Note: MGN 88(M+F) gives guidance on activities which may be hazardous to young persons and on measures to mitigate that risk.

In addition -

Seafarer to be of minimum age

1.1.1

(1) No person may be a seafarer on a United Kingdom ship unless that person is of at least 16 years of age.

(2) No person may employ or engage another person as a seafarer on a United Kingdom ship unless that other person is of at least 16 years of age.

Young persons on night duty

1.1.2.

(1) Subject to paragraph (3), no person under the age of 18 may work as a seafarer at night on a United Kingdom ship.

(2) Subject to paragraph (3), no person may employ a person under the age of 18 to work as a seafarer at night on a United Kingdom ship.

(3) Paragraphs (1) and (2) do not apply where:

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

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

(4) In this paragraph, “night” means a period:

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

(b) which includes the period between midnight and 5 a.m. (local time).

The following established work programmes and schedules of training fall within the exception in paragraph (3)(b):

  • any Deck Officer training under STCW Regulations II/1, II/2 and II/3;
  • any Engineer Officer training under STCW Regulations III/1, III/2 and III/3;
  • any Navigational watch Rating training under STCW Regulation II/4;
  • any Engine Room watch Rating training under STCW Regulation III/4;  
  • any training of Ratings as AB, Deck or Engine;
  • any training of Electro-technical Officers under STCW Regulation III/6;
  • any training of Electro-technical Ratings under STCW Regulation III/7;
  • any training of Radio personnel under STCW Regulation IV/2;
  • any training for alternative certification under STCW Regulation VII.

( (*1) S.I. 1998/2411 has been amended by S.I. 2002/2125.)

Title 1.2 Medical Certificate

Merchant Shipping and Fishing Vessels (Maritime Labour Convention) (Medical Certification) Regulations 2010 (S.I. 2010/737) and MSN 1822(M) and MSN 1815(M) (both referred to in those Regulations).

Title 1.3 Training and Qualifications

Merchant Shipping (Training and Certification) Regulations 1997 (S.I. 1997/348) (*2) Guidance on qualifying criteria, syllabuses, etc is available from the MCA website at http://www.dft.gov.uk/mca/mcga07-home/workingatsea/mcga-trainingandcert.htm

Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 (S.I. 1997/2962) (*3) regulation 12.

Note: regulation 12 requires all workers to have adequate training to ensure their health and safety while carrying out their duties on board ship. MGN 96(M) and MGN 120(M), which are part of the MCA’s package of guidance on the Training and Certification Regulations 1997, cover familiarisation training under ISM Section 6.

Title 1.4 Recruitment and Placement

Note: If a shipowner recruits seafarers directly, this standard does not apply.

1.4.1

(1) A shipowner must not use a recruitment and placement service to recruit seafarers to work on a ship if it does not fall 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 Maritime Labour Convention; or

(iii) in a country to which another country’s ratification of the Maritime Labour Convention has been extended; or

(b) complies with the requirements relating to recruitment and placement services referred to in Standard A1.4.5 of the Maritime Labour Convention.

(3) A shipowner is not in breach of this standard if it used reasonable endeavours to ensure that the recruitment and placement service it used complied with the requirements relating to recruitment and placement services referred to in Standard A1.4 of the Maritime Labour Convention.

Title 2.1 Seafarer Employment Agreement

Duty to enter seafarer employment agreement

2.1.1—(1) Subject to paragraphs 2.1.2 and 2.1.3 below, every seafarer working on a ship must have a written agreement with the shipowner, known as a seafarer employment agreement.

(*2) S.I. 1997/348 has been amended by S.I. 1997/1911, S.I. 2000/836, S.I. 2004/302, S.I. 2006/89 and S.I. 2008/2851

(*3) S.I. 1997/2962 has been amended by S.I. 1998/2411 and S.I. 2001/54.

Content of seafarer employment agreement

2.1.2

(1) Subject to paragraph (2), a seafarer employment agreement must include provision on the following matters:

(a) if the seafarer is an employee, the matters in Part 1 and Part 2 of the list below;

(b) if the seafarer is not an employee, the matters in Part 1 and Part 3 of the list below.

(2) Such provision may be achieved by incorporating reference to another document.

(3) A seafarer employment agreement must include a statement by the seafarer and the shipowner confirming:

(a) that the shipowner has provided a sufficient opportunity for the seafarer to review and take advice on the terms and conditions of the agreement;

(b) that the shipowner has explained the rights and responsibilities of the seafarer under the agreement; and

(c) that the seafarer enters into the agreement freely.

Provision to be included in a Seafarer Employment Agreement

PART 1

Provision to be included in all agreements

1. The full name, birthplace and date of birth (or age at the time of entering into the agreement) of the seafarer.

2. The name and address of the shipowner.

3. The place where the agreement is entered into.

4. The date on which the agreement is entered into.

5. The capacity in which the seafarer is to be employed or engaged.

6. If the agreement has been made for a definite period, the termination date.

7. If the agreement has been made for an indefinite period, the period of notice of termination required and the circumstances in which such notice may be given.

8. If the agreement has been made for a voyage, the destination port and the period following arrival after which the agreement terminates.

9. The health and social security protection benefits to be provided to the seafarer by the shipowner.

10. The maximum duration of service periods on board following which the seafarer is entitled to repatriation (which must not exceed a period of 12 months minus the number of days annual leave to which the seafarer is entitled).

11. The seafarer’s entitlement to repatriation (including the mode of transport and destination of repatriation) and the circumstances in which the seafarer is required to meet or reimburse the shipowner for the costs of repatriation.

12. The maximum sum which the shipowner will pay to the seafarer in respect of compensation for any loss of personal property arising from the loss or foundering of the ship.

PART 2

Provision to be included where seafarer is an employee

1. The wages (either the amount or the formula to be used in determining them).

2. The manner in which wages must be paid, including payment dates (the first of which must be no more than one month after the date on which the agreement is entered into, with all subsequent dates being no more than one month apart) and the circumstances (if any) in which wages may or must be paid in a different currency.

3. The hours of work.

4. The paid annual leave (either the amount or the formula to be used in determining it).

5. Any pension benefits to be provided to the seafarer by the shipowner, including any entitlement to participate in a pension scheme.

6. The grievance and disciplinary procedures.

7. Details of any collective bargaining agreement which is incorporated (in whole or in part) into the agreement or is otherwise relevant to it.

PART 3

Provision to be included where seafarer is not an employee

1. The remuneration (either the amount or the formula to be used in determining it).

2. The manner in which the remuneration must be paid, including payment dates (the first of which must be no more than one month after the date on which the agreement is entered into, with all subsequent dates being no more than one month apart) and the circumstances (if any) in which the remuneration may or must be paid in a different currency.

Minimum notice period

2.1.3

(1) Subject to paragraph (2) and (3), the minimum period of notice which must be given before terminating a seafarer employment agreement is:

(a) such period as is specified in the agreement, which period must not be shorter than seven days; or

(b) if no period is specified, seven days.

(2) The minimum period of notice which must be given by a seafarer before terminating a seafarer employment agreement under paragraph (1)(a) must not be more than the minimum period of notice which must be given by the shipowner to do so.

(3) This standard must not operate to prevent a party from terminating a seafarer employment agreement without penalty notwithstanding that the minimum period of notice has not been given where it is reasonable to do so on compassionate grounds or for reasons of gross misconduct.

Documents

2.1.4

(1) As soon as is practicable after entering a seafarer employment agreement, the shipowner must provide to the seafarer the agreement signed by the seafarer and by or on behalf of the shipowner.

(2) The shipowner must ensure that a copy of the seafarer employment agreement for each seafarer on a ship is held on board, and must allow each seafarer to see the copy of their seafarer employment agreement on request.

(3) As soon as is practicable after a seafarer employment agreement is terminated, the shipowner must provide to the seafarer a record of their employment under that agreement.

(4) For the purposes of paragraph (3), a record of employment:

(a) must contain provision on the matters set out below;

(b) must not contain provision as to the quality of the seafarer’s work; and

(c) must not contain provision as to the seafarer’s wages.

(5) In paragraphs (1) and (2), reference to a seafarer employment agreement includes a copy of any document referred to in that agreement .

Provision to be included in a record of employment

In relation to each ship on which a seafarer is employed:

1. Name, port of registry, gross or register tonnage and official number of ship.

2. Description of voyage.

3. Capacity in which seafarer is employed.

4. Date on which employment started.

5. Date of discharge.

Foreign language seafarer employment agreement

2.1.5

(1) This paragraph applies where a seafarer on a ship to which this paragraph applies has a seafarer employment agreement which is not in English.

(2) Subject to paragraph (3), the shipowner must ensure that an English translation of the provisions of the seafarer employment agreement is held on board.

(3) In paragraph (2), reference to the provisions of a seafarer employment agreement includes provisions incorporated in accordance with paragraph 2.1.2(2). Duty of master to produce seafarer employment agreement

2.1.6

(1) The master of the ship must produce to the Secretary of State, the Registrar-General of Shipping and Seamen or the Commissioners for Her Majesty’s Revenue and Customs (or any person acting on their behalf) on demand copies of any documentation held on board pursuant to paragraphs 2.1.4(2) and 2.1.5(2).

Title 2.2 Payment of wages

Merchant Shipping Act 1995 section s30 to 41(*4) Merchant Shipping (Seamen’s Wages and Accounts) Regulations 1972 (S.I. 1972/1700)(5*) and the Merchant Shipping (Seamen’s Allotments) Regulations 1972 (S.I. 1972/1698) as if they were modified (a) so as to apply to all seafarers, and (b) so that references to “wages” include a reference to all remuneration;

and, in addition-

(*4) Section 30(10) was amended by the Postal Services Act 2011, s 91(1) and (2) and Schedule 12.

(*5) S.I. 1972/1700 was amended by S.I. 1978/1757, S.I. 1985/340, S.I. 1994/791 and S.I. 1999/3360.

Payments pursuant to allotment notes

2.2.1. All sums payable pursuant to an allotment note must be paid promptly and directly to the person to whom the allotment is made.

Charges and exchange rates

2.2.2.

(1) Subject to paragraph (2), a person may recover from the relevant seafarer any costs incurred in making payments pursuant to an allotment note, but may not otherwise charge for the provision of that service.

(2) Where paragraph (1) applies, costs which that person ordinarily incurs in making payments to the seafarer may not be recovered.

(3) Where it is appropriate or necessary to exchange currency in order to make payments pursuant to an allotment note, the person making the payment must make the exchange at a reasonable rate.

Late payment of wages etc.

2.2.3.

(1) Subject to paragraph (2), if wages or other remuneration payable to a seafarer are not paid in the manner and at the time required by a seafarer employment agreement, interest must also be paid on the sum at the rate of 20 per cent per annum from the date on which the sum is due until the date on which the sum is paid.

(2) Paragraph (1) does not apply to the extent that the failure to make such payment on the required date or as soon as practicable thereafter was due to:

(a) a mistake;

(b) a reasonable dispute as to liability;

(c) the act or default of the seafarer; or

(d) any other cause not being the wrongful act or default of the persons liable to make the payment or of their servants or agents.

Account of seafarer’s wages etc.

2.2.4.

(1) The shipowner must ensure that accounts of the seafarer’s wages or other remuneration under a seafarer employment agreement are prepared and delivered to the seafarer:

(a) periodically during the term of the seafarer employment agreement, at intervals not exceeding one month; and

(b) at the end of that term, within one month of the agreement terminating.

(2) Subject to paragraph (4), such accounts must include the following information:

(a) name of the seafarer;

(b) the number of the seafarer’s current discharge book (or other unique identifier);

(c) capacity in which the seafarer was employed;

(d) dates when employment commenced and ceased and total period of employment in which wages were earned, showing separately the dates of the beginning and end of any period in which wages were not earned;

(e) sums payable under each allotment note, date when the first payment was due, the intervals between payments, and the total of all such sums;

(f) total amount of gross wages earned, with, shown separately, the total amounts in respect of:

(i) the wages at the rate provided for in the seafarer’s employment agreement;

(ii) overtime;

(iii) leave pay;

(iv) subsistence;

(v) any other earnings during the period of employment;

(g) deductions, specifying the nature of the deduction and showing the total amount in respect of each deduction.

(h) total amount deducted from gross wages;

(i) total amount of net wages;

(j) amount of net wages retained (whether pursuant to a notice (relating to a claim for maintenance etc of the seaman’s dependants) under section 40 of the Merchant Shipping Act 1995 or otherwise) together with details of any notices served in connection with that retention; and

(k) balance of wages.

(3) Where, pursuant to paragraph (2), the accounts include information of amounts which have been determined by reference to a currency exchange rate, they must include details of the relevant exchange rate and any commission paid.

(4) Where the seafarer is not an employee, paragraph (2) does not apply and the accounts must instead include the following information:

(a) payments due;

(b) payments made (including any not falling within sub-paragraph (a)); and

(c) any rates of exchange and any commissions paid which are relevant to those payments.

Title 2.3 Hours of Work

Merchant Shipping (Hours of Work) Regulations 2002 (S.I. No 2002/2125) (*6) regulations 5 to 9 and MSN 1767 to which those regulations refer.

Title 2.4 Annual Leave

Entitlement to annual and additional leave

2.4.1

(1) An employed seafarer is entitled to paid annual leave that is to be calculated on the basis of two and a half days for each month of employment and pro rata for incomplete months.

(2) An employed seafarer is entitled to additional paid leave of eight days per year of employment and pro rata for incomplete years.

(3) Leave to which a seafarer is entitled under this paragraph —

(a) may be taken in instalments; and

(b) may not be replaced by a payment in lieu, except where the seafarer’s employment is terminated.

(4) The employer of a seafarer must not enter into an agreement with the seafarer under which the seafarer forgoes the leave to which the seafarer is entitled under paragraph (1).

(5) Justified absences from work shall not be considered as annual leave under paragraph (1).

Shore leave

2.4.2. The shipowner and the master must ensure that shore leave is granted to seafarers to benefit their health and well-being where consistent with the operational requirements of their positions.

(6*) S.I. 2002/2125 was amended by SI 2003/3049, SI 2004/1469, SI 2004/1713 and SI 2005/2114.

Title 2.5 Repatriation

2.5.1.

(1) Subject to paragraphs 2.5.2 and 2.5.3, a shipowner must make such provision as is necessary for repatriation of a seafarer as soon as is practicable in the following cases.

(2) Case 1 is where the seafarer’s employment agreement expires.

(3) Case 2 is where the seafarer’s employment agreement is terminated by the shipowner.

(4) Case 3 is where the seafarer’s employment agreement is terminated by the seafarer in accordance with the terms of the agreement.

(5) Case 4 is where the seafarer is no longer able to carry out the seafarer’s duties under the seafarer’s employment agreement or cannot be expected to carry them out in the specific circumstances.

(6) Case 4 includes the following circumstances:

(a) the seafarer has an illness, injury or medical condition which requires their repatriation when found medically fit to travel;

(b) shipwreck;

(c) the shipowner is not able to fulfil its legal or contractual obligations to the seafarer following insolvency, the sale of the ship or a change in the ship’s registration; and

(d) the ship is bound for a war zone to which the seafarer does not consent to go.

(7) Case 5 is where the seafarer has completed the maximum duration of service periods on board following which the seafarer is entitled to repatriation, as set out in the seafarer’s employment

agreement.

(8) Case 6 is where the seafarer’s employment agreement is terminated pursuant to an order of a court or tribunal.

Place for return.

2.5.2.—(1) Subject to paragraph (2), a seafarer is entitled to repatriation to the destination provided for in or under the seafarer employment agreement, or such other place as may subsequently be agreed with the shipowner.

(2) If the seafarer employment agreement does not identify a destination, the seafarer is entitled to repatriation to the seafarer’s choice of the following destinations:

(a) the place at which the seafarer entered into the seafarer’s employment agreement;

(b) a place agreed with the shipowner;

(c) the seafarer’s country of residence.

Limitations on and exceptions to duty to repatriate

2.5.3. The duty in paragraph 2.5.1 ends when:

(a) the seafarer is repatriated in accordance with paragraph 2.5.2;

(b) the shipowner makes reasonable arrangements for repatriation which are unsuccessful because of the seafarer’s unreasonable conduct;

(c) notwithstanding reasonable endeavours, the shipowner is unable to contact the seafarer for a period of three months or more;

(d) the seafarer confirms in writing to the shipowner that repatriation is not required; or

(e) the seafarer is dead.

Duty pending repatriation

2.5.4. (1) — A shipowner to whom the duty in paragraph 2.5.1 applies must make such provision as is necessary for the seafarer’s relief and maintenance (including food and lodging) pending repatriation.

(2) The shipowner must have regard to the seafarer’s personal circumstances and requirements when determining what provision is required under paragraph (1).

(3) Without prejudice to the generality of paragraph (1) the provision for relief and maintenance must include:

(a) clothing;

(b) toiletries and other personal necessaries;

(c) surgical, medical, dental or optical treatment (including the repair or replacement of any appliance) for any condition requiring immediate care;

(d) in cases where legal aid is unavailable or insufficient, reasonable costs for the defence of the seafarer in any criminal proceedings in respect of any act or omission within the scope of his employment, being proceedings where neither the shipowner nor the shipowner’s agent is a party to the prosecution; and

(e) sufficient money to meet any minor ancillary expenses necessarily incurred or likely to be so incurred for the seafarer’s relief and maintenance.

(4) The duty in paragraph (1) ends when the duty in paragraph 2.5.1 ends.

Prohibition on recovering costs from seafarer

2.5.5.

(1) — Subject to paragraph (2), a shipowner must not enter into an agreement with a seafarer under which the seafarer must make payment in respect of either:

(a) repatriation costs; or

(b) relief and maintenance costs.

(2) A seafarer’s employment agreement may provide that the seafarer must reimburse repatriation costs where the agreement is terminated because of the seafarer’s misconduct.

(3) If a seafarer’s employment agreement contains provision described in paragraph (2) and the duty on the seafarer arises, a deduction equivalent to those costs may be made from the wages due to the seafarer under that agreement.

(4) If a seafarer’s employment agreement does not contain provision described in paragraph (2), the shipowner may only recover damages in respect of the costs described in paragraph (1)(a) and

(b) where the agreement is terminated because of the seafarer’s serious misconduct.

(5) An agreement entered into in breach of paragraph (1) is void.

Seafarer property

2.5.6. (1) — This paragraph applies where:

(a) a shipowner is under a duty under paragraph 2.5.1 in respect of a seafarer; and

(b) property belonging to that seafarer has been left behind on a ship belonging to the shipowner.

(2) The master must take charge of that property and enter a description of each item in the official log book.

(3) Subject to paragraph (4), the master and the shipowner must cause reasonable care to be taken of the property pending its delivery in accordance with paragraph (7).

(4) The master may at any time:

(a) sell any part of the property which is of a perishable or deteriorating nature; or

(b) destroy or otherwise dispose of any part of the property considered a potential risk to the health or safety of any person.

(5) The proceeds of any sale under paragraph (4)(a) shall be the property of the seafarer and details of the sale must be entered in the official log book.

(6) Details of any destruction or disposal under paragraph (4)(b) must be entered in the official log book.

(7) Subject to paragraphs (8) and (9), the shipowner must cause the property and a document containing the information entered in the log book pursuant to paragraphs (5) and (6) to be delivered to the seafarer or to the seafarer’s next of kin.

(8) The duty in paragraph (7) is discharged if the shipowner causes the delivery to be made to the last known address of the seafarer or the next of kin, as the case may be.

(9) The seafarer or the next of kin, as the case may be, must reimburse the shipowner for the reasonable delivery costs if demanded.

Duty to carry documents

2.5.7.

(1) A shipowner must ensure that a copy of this notice is held on board the ship and is available to seafarers.

(2) If the working language of the ship is not English, the shipowner must ensure that this notice is translated into the working language of the ship and that copies of that translated version is also held on board the ship and available to seafarers.

(3) For the purposes of paragraph (2), the working language of a ship to which the Merchant Shipping (Minimum Standards of Safety Communications) Regulations 1997(*7) apply is the language so determined and recorded pursuant to regulation 5(2)(a)(i) of those Regulations.

Financial security requirement

2.5.8.

(1) A shipowner must not allow a ship to enter or leave a port or remain at sea unless it complies with the requirement in paragraph (2).

(2) The requirement referred to in paragraph (1) is that there is in force a contract of insurance or other security adequate to ensure that the shipowner will be able to meet any liabilities arising from the duty to make provision for the repatriation of seafarers under paragraph 2.5.1.

Title 2.6 Seafarer compensation for the ship’s loss or foundering

2.6.1.

(1) This paragraph applies in relation to a seafarer working on a ship which is wrecked or lost.

(2) Subject to paragraph (3), if the loss or foundering of the ship causes the seafarer to be unemployed, the shipowner must pay to the seafarer an amount equivalent to the wages which would otherwise have been payable under the seafarer employment agreement for the period in which the seafarer remains unemployed.

(3) The duty in paragraph (2) ends on the day which is two months after the date of the loss or foundering of the ship.

(4) Subject to paragraph (5), if the loss or foundering of the ship causes the seafarer to suffer injury or loss, the shipowner must pay to the seafarer compensation.

(5) In relation to loss other than personal injury or death, the duty in paragraph (4) is limited to the amount specified (if any) in the seafarer employment agreement.

Title 3.1 Crew Accommodation

General

3.1.1 A ship must comply with the following requirements relating to crew accommodation:

3.1.1.1 For ships the keel of which was built before 20 August 2013, the Merchant Shipping (Crew Accommodation) Regulations 1997 (S.I. 1997/1508) (*8) apply.

3.1.1.2 For ships built on or after 20 August 2013, Schedule 1 to this Notice applies, except insofar as the Secretary of State has exempted or approved as a substantial equivalence the crew accommodation on the ship..

3.1.2 Crew accommodation must be cleaned and maintained to conform with the requirements set out in Schedule 1.

(*7) S.I. 1997/529. A revised regulation 5 was substituted by S.I. 1999/1704, regulations 2 and 5.

(*8) S.I. 1997/1508 was amended by S.I. 2005/2114.

3.1.3 The master or a person authorised by the master must :

(a) inspect:

(i) the crew accommodation, and

(ii) the cleanliness and maintenance of the crew accommodation, and

(b) record the findings of that inspection in the official log book of the ship.

Exemptions

3.1.4

(1) The Secretary of State may exempt a ship of less than 200 gross tonnage from some or all of the requirements of Schedule 1 if :

(a) the exemption:

(i) is reasonable taking account of the size of the ship and the number of persons on board,

(ii) does not result in overall facilities less favourable than those which would result if no exemption had been given, and

(iii) relates to Standard A3.1.7(b), 11(d) and 13 of the Maritime Labour Convention or, as respects floor area only, Standard A3.1.9(f) and (h) to (l) of the Maritime Labour Convention, or

(b) the exemption is otherwise expressly permitted in Standard A3.1 of the Maritime Labour Convention, 2006.

(2) An exemption under this paragraph:

(a) is valid only if given in writing,

(b) may be given subject to such conditions and limitations as the Secretary of State may specify, and

(c) may be altered or cancelled by the Secretary of State giving written notice to the shipowner.

(3) In this paragraph “gross tonnage” means gross tonnage as determined under the Merchant Shipping (Tonnage) Regulations 1997(*9).

Equivalences

3.1.5 —(1) As respects a particular ship, or ships of a particular description, the Secretary of State may approve requirements which, when taken together with the conditions and limitations to which the approval is subject, the Secretary of State considers are substantially equivalent to the requirements which are set out in Schedule 1.

(2) An approval under this paragraph :

(a) is valid only if given in writing,

(b) may be given subject to such conditions and limitations as the Secretary of State may specify, and

(c) may be altered or cancelled by the Secretary of State giving written notice to the shipowner.

Title 3.2 Food and catering

Provision of food and drinking water

3.2.1. —(1) The shipowner and the master of a ship must ensure that food and drinking water are provided on the ship which:

(a) are suitable in respect of quantity, nutritional value, quality and variety, taking account of:

(*9) S.I. 1997/1510, amended by S.I. 1998/1916, S.I. 1999/3206 and S.I. 2005/2114.

(i) the number of seafarers on board and the character, nature and duration of the voyage, and

(ii) the different religious requirements and cultural practices in relation to food of the seafarers on board,

(b) do not contain anything which is likely to cause sickness or injury to health or which renders any food or drinking water unpalatable, and

(c) are otherwise fit for consumption.

(2) The shipowner and master of a ship must ensure that food and drinking water provided in accordance with paragraph (1) are provided free of charge to all seafarers while they are on board.

Organisation and equipment of the catering department

3.2.2. The shipowner and the master of a ship must ensure that—

(a) food and drinking water which are provided for seafarers are stored and handled, and

(b) the catering department is organised and equipped, to the satisfaction of the surveyor.

Note: Compliance with MGN 397(M) will satisfy the surveyor that these requirements are being met.

Inspection of food and catering provision

3.2.3.-(1) The master of a ship must ensure that, not less than once a week:

(a) the supplies of food and drinking water on board are inspected to check compliance with paragraphs 3.2.1 and 3.2.2, and

(b) the catering department and its equipment are inspected to check compliance with paragraph 3.2.2.

(2) An inspection under paragraph 1 must be carried out by:

(a) the master, or

(b) a person authorised by the master, together with a member of catering staff.

(3) The master must ensure that the results of any inspection under paragraph (1) are recorded in the official logbook of the ship.

Requirement to carry a qualified ship’s cook

3.2.4. —(1) This paragraph applies to a sea-going United Kingdom ship which ordinarily operates with 10 or more seafarers on board, and which does not operate exclusively on domestic voyages within 60 miles of a safe haven in the UK.

(2) Subject to paragraphs (3) and (4) the shipowner and the master of a ship to which this paragraph applies must ensure that the ship does not proceed to sea unless a qualified ship’s cook is on board.

(3) In circumstances of exceptional necessity the Secretary of State may grant an exemption from paragraph (2) —

(a) until the next port of call, or

(b) for a period not exceeding one month, but only if there is a person on board the ship who is trained or instructed in food and personal hygiene and handling in accordance with the relevant requirements of Schedule 2.

(4) The Secretary of State may approve as respects a particular ship, or as respects ships of a particular description, requirements which, when taken together with the conditions and limitations to which the approval is subject, the Secretary of State considers are substantially equivalent to the requirement in paragraph (2) to have a qualified ship’s cook on board.

(5) An exemption or approval by the Secretary of State must be given in writing, may be given subject to such conditions and limitations as he may specify, and may be altered or cancelled.

Recognition of certificates of competency

3.2.5.—(1) A valid certificate of competency:

(a) issued under the Merchant Shipping (Certification of Ships’ Cooks) Regulations 1981 (*10)

(b) treated as equivalent under regulation 8 of those Regulations, or

(c) deemed under regulation 9 of those Regulations to be issued pursuant to section 43 of the 1970 Act,

(d) as a ships’ cook issued by an E.U. Member State or an Administration after the date they ratify the Maritime Labour Convention (2006), providing that in addition to a current ships’ cook certificate they hold the basic training listed in Schedule 2. is acceptable for the purposes of 3.2.4

Note: A certificate of competency recognised under this provision will be valid for a period of 5 years, which period will begin once the MLC Regulations governing food and catering come into force later this year.

Training requirements for catering staff and other persons processing food in the galley

3.2.6. This paragraph does not apply to a sea-going United Kingdom ship which operates exclusively on domestic voyages within 60 miles of a safe haven in the UK.

The shipowner and the master of a ship must ensure that:

(a) every member of catering staff is properly trained or instructed for their position in accordance with the relevant requirements set out in Schedule 2, and

(b) any person processing food in the galley is properly trained or instructed in areas including food and personal hygiene and handling in accordance with the relevant requirements set out in

Schedule 2.

Title 4.1 Medical Care

The Merchant Shipping (Training and Certification) Regulations 1997 (S.I. 1997/348)(*11)

Note: Relevant guidance is included in MGN 96

The Merchant Shipping and Fishing Vessels (Medical Stores) Regulations 1995 (S.I. 1995/1802)(*12) and MSN 1768(M+F) which supplements it.

Note: Relevant guidance on Radio Medical Advice for Ships is included in MGN 225(M+F)

Shipowner duty to make provision for seafarer medical and other expenses

4.1.1.—(1) This standard applies in relation to a seafarer who experiences sickness or injury falling within paragraph (2) or (3).

(2) Sickness or injury falls within this paragraph if it:

(a) first occurs during a period which starts on the date on which that seafarer’s seafarer employment agreement commences and ends on the date on which the shipowner’s duty to repatriate ends; and

(b) does not first occur during a period of leave which is not shore leave.

(*10) S.I. 1981/1076.

(*11) See earlier footnote.

(*12) S.I. 1995/1802 was amended by S.I. 1996/2821 and S.I. 1997/2971.

(3) Sickness or injury falls within this paragraph if it arises from the seafarer’s employment during the period referred to in paragraph (2)(a), whether it occurs during that period or not.

(4) Subject to paragraphs (5) to (8), the shipowner must:

(a) ensure that the seafarer is provided with medical care on board, so far as is practicable; and

(b) meet any expenses falling within paragraph (5) reasonably incurred in connection with the seafarer’s sickness or injury.

(5) Expenses falling within this paragraph are:

(a) expenses of surgical, medical, dental or optical treatment (including the repair or replacement of any appliance); and

(b) expenses for board and lodging.

(6) The duty to meet expenses referred to in paragraph (4)(b)—

(a) does not apply to expenses which are met by a public authority; and

(b) does not affect any duty on the shipowner under paragraph 2.5.4 of this Annex, and does not apply in respect of any expenses met by the shipowner under that duty.

(7) Subject to paragraph (8), the duty to meet expenses referred to in paragraph (4)(b) is limited to expenses incurred during whichever of the following periods is the shorter—

(a) a period of 16 weeks beginning on the day on which the sickness or injury first occurs; and

(b) a period beginning on the day on which the sickness or injury first occurs and ending on the day on which a certifying medical practitioner notifies the seafarer of a decision that—

(i) the seafarer is not fit to carry out the duties which that seafarer is required to carry outunder the terms of that seafarer’s seafarer employment agreement, and

(ii) the seafarer is unlikely to be fit to carry out duties of that nature in the future.

(8) If sub-paragraph (b) of paragraph (7) applies and a certifying medical practitioner subsequently notifies the seafarer that the decision referred to in that sub-paragraph is reversed, the duty to meet expenses referred to in paragraph (4)(b) is limited to expenses incurred during the period set out in paragraph (7)(a).

(9) The shipowner may recover from the seafarer as a civil debt any expenses it has met under theduty to meet expenses referred to in paragraph (4)(b) in connection with—

(a) injury incurred otherwise than in the service of the ship;

(b) injury or sickness arising from the wilful misconduct of the seafarer which is injured or sick;

or

(c) injury or sickness intentionally concealed by the seafarer prior to entering into the seafarer employment agreement.

Duty to carry a medical practitioner on ship

4.1.2.—(1) A shipowner must not allow a ship to which this paragraph applies and which is within paragraph (2)—

(a) to put to sea; or

(b) if it is already at sea, to remain at sea, unless a medical practitioner is carried on the ship.

(2) A ship is within this paragraph if:

(a) it has 100 or more persons on board; and

(b) it is engaged on a voyage which is an international voyage lasting more than 72 hours.

In this standard:

“medical practitioner” means—

(a) in the case of a practitioner based in the United Kingdom, a fully registered person who holds a licence to practise;

(b) in the case of a practitioner not based in the United Kingdom, a person:

(i) entitled to practise in the country or territory in which that practitioner is based;

(ii) whose qualifications are specified in Merchant Shipping Notice 1822 as sufficient

for the holder to become a fully registered person if they were based in the United Kingdom; and

(iii) whose entitlement and qualifications to practice have been subject to satisfactory periodic assessment in a manner which satisfies the requirements specified in Merchant Shipping Notice 1822.

Right to medical attention

4.1.3 .—(1) When a ship is in a port of call, and a seafarer wants to seek medical attention of a kind which is not available on board the ship, the shipowner must permit this where reasonably practicable.

Title 4.2 Shipowner’s liability

4.2.1.—(1) A shipowner must not allow a ship—

(a) to put to sea; or

(b) if it is already at sea, to remain at sea,

unless the requirement in paragraph (2) is met.

(2) The requirement referred to in paragraph (1) is that there is in force a contract of insurance or other security adequate to ensure that the shipowner will be able to meet any liabilities the shipowner may have under legislation or seafarer employment agreements to provide compensation in the event of death or long term disability to seafarers arising from occupational injury, illness or hazard.

Shipowner liability for wages following sickness or injury sustained by seafarer

4.2.2 —(1) Subject to paragraph (8), this standard applies in relation to a seafarer who experiences sickness or injury which:

(a) first occurs during a period which starts on the date on which that seafarer’s seafarer employment agreement commences and ends on:

(i) the date on which the shipowner’s duty to repatriate that seafarer under paragraph 2.5.1 ends; or

(ii) if there is no such duty, the date on which the seafarer employment agreement ends;

Or (b) first occurs subsequent to that period but is caused by circumstances or events arising during that period, and results in the seafarer’s incapacity for work.

(2) If the seafarer does not receive the basic wages payable under the seafarer employment agreement for the period starting on the date of the injury or the first day of the sickness referred to in paragraph (1) and ending on the date on which the seafarer is repatriated or otherwise leaves the ship, the shipowner must pay to the seafarer sums equal to the difference between—

(a) any wages received by the seafarer for that period under that agreement; and

(b) the basic wages which would have been payable to the seafarer under that agreement if the seafarer had remained fit for work throughout that period.

(3) Subject to paragraphs (4) and (5), if the seafarer remains incapacitated for work for the reason described in paragraph (1) after being repatriated or otherwise leaving the ship, and does not receive the basic wages payable under the seafarer employment agreement for the period starting on the day after repatriation or departure from the ship and ending on the date on which the seafarer is again fit for work, the shipowner must pay to the seafarer sums equal to the difference between:

(a) any wages received by the seafarer for that period under that agreement; and

(b) the basic wages which would have been payable to the seafarer under that agreement if the seafarer had remained fit for work throughout that period, and (if the agreement would otherwise have terminated during that period) if the agreement had continued on the same terms throughout that period.

(4) The amount which the shipowner must pay to the seafarer under paragraph (3) in relation to any period is to be reduced by an amount equal to any sums which the seafarer is entitled to receive in respect of that period under—

(a) Part XI of the Social Security Contributions and Benefits Act 1992(*13) (statutory sick pay);

(b) Part 1 of the Welfare Reform Act 2007(*14) (employment and support allowance); and

(c) the Social Security (Industrial Injuries) (Mariners’ Benefits) Regulations 1975(*15) (industrial injuries disablement benefit), or any laws or arrangements in the country to which the seafarer is repatriated under which the seafarer is entitled to similar financial support.

(5) The duty in paragraph (3) ends on expiry of the period of 16 weeks commencing on the day following the date of the injury or the first day of the sickness referred to in paragraph (1).

(6) The sums payable to the seafarer under paragraphs (2) and (3) must be paid in the same manner and at the same frequency as wages payable under the seafarer employment agreement.

(7) Paragraph 2.5.6 of this Annex applies in respect of property left behind on the ship by a seafarer to which this standard applies as it does in respect of property left behind by a seafarer falling within paragraph 2.5.6.1.

(8) Paragraphs (1) to (6) above do not apply to a seafarer insofar as:

(a) the injury referred to in paragraph (1) was incurred while the seafarer was not at work;

(b) the injury or sickness referred to in paragraph (1) was incurred due to the seafarer’s wilful misconduct; and

(c) the sickness or incapacity for work existed on the date on which the seafarer entered the seafarer’s employment agreement, and the seafarer deliberately concealed the sickness or incapacity from the shipowner.

Shipowner liability in respect of burial or cremation of seafarer

4.2.3 —(1) Subject to paragraph (2), if a seafarer dies while employed to work on a ship, the shipowner must meet any expenses reasonably incurred in connection with the seafarer’s burial or cremation.

(2) The duty in paragraph (1) does not apply:

(a) if the seafarer dies while ashore in the seafarer’s country of residence; or

(b) to expenses which are met by a public authority.

Title 4.3 Health and safety

The requirements of the Merchant Shipping and Fishing Vessels (Health and Safety at Work)

Regulations 1997 (S.I. 1997/2962)(*16), regulations 5, 7, 11, 12, 14 – 21 and 22, as if they were modified so that references to obligations in respect of workers were also obligations in respect of seafarers, and such obligations were owed to the worker/seafarer by the shipowner in addition to any employer owing those duties, and as if:

(*13) 1992 c.4.

(*14) 2007 c.5.

(*15) S.I. 1975/470.

(*16) S.I. 1997/2962 was amended by S.I. 1998/2411 and S.I. 2001/54.

4.3.1. The requirement for a safety committee under Regulation 17 applies to any ship on which five or more seafarers work.

4.3.2. The person conducting the assessment referred to in Regulation 7 paragraphs (1) and (2), or a review referred to in paragraph (3), were required have regard to relevant statistical information and associated advice on occupational health and safety.

For the purposes of paragraph 4.3.2, relevant statistical information and associated advice on occupational health and safety means the MAIB Annual Report, the Code of Safe Working Practices for Merchant Seamen, and any Merchant Shipping Notices and Marine Guidance Notices issued by MCA relating to the health and safety of seafarer.

In addition, the following paragraphs apply.

Reporting of occupational diseases

4.3.3 .—(1) This paragraph applies where:

(a) an employer receives a written report from a medical practitioner which indicates that a seafarer who has worked on the ship has (or has had) a disease listed in column 1 of the table in

Schedule 3 of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995(S.I. 1995/3163) ; and

(b) that seafarer was involved in an activity listed in column 2 of that table as corresponding to that disease when working on the ship.

(2) The employer must:

(a) have regard to the International Labour Organization guidance concerning the protection of workers’ personal data;

(b) complete the form set out at Schedule 3 to this notice in respect of the seafarer; and

(c) send the completed form to the address specified on the form referred to in (b).

Note: for convenience, a link to Schedule 3 of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 is below.

http://www.legislation.gov.uk/uksi/1995/3163/schedule/3/made

For the purposes of this standard:

“fully registered person” has the meaning given in section 55(1) of the Medical Act 1983(*17);

“licence to practise” has the meaning given in section 55(1) of the Medical Act 1983(*18);

“medical practitioner” means—

(a) in the case of a practitioner based in the United Kingdom, a fully registered person who holds a licence to practise,

(b) in the case of a practitioner not based in the United Kingdom, a person:

(i)entitled to practise in the country or territory in which that practitioner is based;

(ii)whose qualifications are specified in Merchant Shipping Notice 1822(M) as sufficient for the holder to become a fully registered person if they were based in the United Kingdom; and

(iii)whose entitlement and qualifications to practice have been subject to satisfactory periodic assessment in a manner which satisfies the requirements specified in Merchant Shipping Notice 1822 (M).

(*17) 1983 c.54. The relevant amendments to section 55(1) were made by S.I. 2000/3041, S.I. 2006/1914, S.I. 2007/3101 and S.I. 2008/1774.

(*18) The relevant amendment to section 55(1) was made by S.I. 2002/3135.

Note: Information about acceptable overseas qualifications is available on the General Medical Council’s website : http://www.gmcuk.org/doctors/registration_applications/acceptable_primary_medical_qualification.asp

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

4.3.4.—(1) This paragraph applies if—

(a) a duty in one of the Regulations listed below is owed by an employer to a worker on a ship which is not a fishing vessel in respect of a risk; 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 the duty referred to in paragraph (1)(a) in respect of that risk as regards workers is also taken as regards seafarers.

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010(*19)

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Asbestos) Regulations 2010(*20)

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Work at Height) Regulations 2010(*21)

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Chemical Agents) Regulations 2010(*22)

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Biological Agents)Regulations 2010(*23)

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Carcinogens and Mutagens) Regulations 2007(*24)

The Merchant Shipping and Fishing Vessels (Control of Vibration at Work) Regulations 2007(*25)

The Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007(*26)

The Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) Regulations 2006(*27)

The Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006(*28)

The Merchant Shipping and Fishing Vessels (Safety Signs and Signals) Regulations 2001(*29)

The Merchant Shipping and Fishing Vessels (Personal Protective Equipment) Regulations 1999(*30)

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

(*19) S.I. 2010/2987.

(*20) S.I. 2010/2984.

(*21) S.I. 2010/332.

(*22) S.I. 2010/330.

(*23) S.I. 2010/323.

(*24) S.I. 2007/3100.

(*25) S.I. 2007/3077.

(*26) S.I. 2007/3075.

(*27) S.I. 2006/2184.

(*28) S.I. 2006/2183.

(*29) S.I. 2001/3444.

(*30) S.I. 1999/2205.

The Merchant Shipping and Fishing Vessels (Manual Handling Operations) Regulations 1998(*31)

The Merchant Shipping (Safety at Work Regulations) (Non-UK Ships) Regulations 1988(*32)

The Merchant Shipping (Safe Movement on Board Ship) Regulations 1988(*33)

The Merchant Shipping (Entry into Dangerous Spaces) Regulations 1988(*34)

The Merchant Shipping (Means of Access) Regulations 1988(*35)

(*31) S.I. 1998/2857.

(*32) S.I. 1988/2274.

(*33) S.I. 1988/1641.

(*34) S.I. 1988/1638.

(*35) S.I. 1988/1637.

Schedule 1

(Annex 1, paragraphs 3.1.1.2 and 3.1.2)

Crew accommodation standards for ships the keel of which is laid after 20 August 2013

1. New ships the keel of which is laid after 20 August 2013 must comply with the requirements for crew accommodation set out in this Schedule.

2. General

2.1 All parts of the crew accommodation except store rooms shall:

(a) wherever practicable be situated amidships or aft; but in no case shall any part of the crew accommodation, except a store room be situated forward of the collision bulkhead; and

(b) be situated wholly above the Summer Load Line (if any) marked on the ship inaccordance with the provisions of rules made or treated as made under Schedule 3 of the Merchant Shipping Act 1995.

2.2 The crew accommodation shall be so situated, constructed and arranged as to exclude so far as reasonably practicable:-

(a) from the crew accommodation, noise coming from other parts of the ship; and

(b) from any part of the crew accommodation noise coming from other parts of it.

2.3 Sleeping rooms forming part of the crew accommodation of a passenger ship shall not be situated immediately beneath a working passageway.

2.4 Any bulkhead, casing or deck separating a sleeping room from:-

(a) a machinery space;

(b) a mess room;

(c) a recreation room;

(d) a room in which films or television are shown;

(e) a games room; and

(f) a public room

shall be acoustically insulated in a way which will prevent the occupants of that sleeping room from being disturbed by excessive noise from that space or room.

2.5 All parts of the crew accommodation except cold store rooms, shall have a clear headroom of at least 203 centimetres at every point where and free movement is necessary, but a reduction in headroom in any space or part of a space in such accommodation may be permitted if it is reasonable to do so and such reduction will not result in discomfort to the crew.

2.6 With the exception of hospitals on passenger ships, no part of the crew accommodation shall be shared with passengers or used by or for the benefit of passengers.

2.7 Inside panelling in the crew accommodation shall be constructed of a suitable material.

2.8 The crew accommodation shall be so situated, constructed and arranged as to ensure the exclusion from the crew accommodation effluvia originating in other spaces in the ship.

2.9 In the case of ships where there is need to take account, without discrimination, of the interests of seafarers having differing and distinctive religious and social practices, the MCA, may after consultation with the shipowners’ and seafarers’ organisations concerned permit fairly applied variations on condition that such variations do no result in overall facilities less favourable.

2.10 Ships of less than 200 gross tonnage may be exempted after consultation with the shipowners’ and seafarers’ organisations, where it is reasonable to do so, taking into account the size of the ship and the number of persons on board in relation to the requirements of the following parts of this MSN;

(a) section 20 and

(b) paragraphs 7.1(b), and 11.1(b) to 11.8 inclusive, with respect to floor area only.

3. Divisions between the crew accommodation and other parts of the ship

3.1 Bulkheads which enclose any part of the crew accommodation and are exposed to the weather shall be properly constructed of steel or other suitable material and shall be of watertight construction; any openings in them shall be provided with means of a weathertight closure. The means of a weathertight closure for any entrance shall be a hinged door.

3.2 Bulkheads which enclose any part of the crew accommodation and are exposed to the weather, and any part of the side of the ship which forms a wall or part of a wall of the crew accommodation; shall be so insulated as to prevent overheating or condensation unless the crew accommodation is so protected by its situation and ventilation that overheating and condensation are unlikely to occur.

3.3 Every bulkhead, casing or deck separating any part of the crew accommodation from any space (including a cold store room) which is subject to abnormal heat or cold shall be so insulated as to prevent condensation or discomfort to the crew.

3.4 Every bulkhead which separates any part of the crew accommodation (other than recreation deck space) from a space used as:

(a) a machinery space;

(b) a bunker;

(c) a room for storing fire extinguishing gases;

(d) a chain locker;

(e) a cofferdam;

(f) a cargo space;

(g) a store room;

(h) a lamp room or a paint room;

(i) a battery locker

shall be of gastight construction, and shall be of watertight construction where necessary to protect the crew accommodation.

3.5 There shall be no opening in any of the bulkheads referred to in paragraph 3.4 except that:-Where sanitary accommodation or changing rooms provided for the exclusive use of engine room officers and rating are sited adjacent to the propelling machinery space there may be an opening in the propelling machinery space bulkhead to the sanitary accommodation or changing rooms and an opening from the sanitary accommodation to a passageway forming part of the crew accommodation provided that a hinged, steel self-closing gastight door is fitted to one of such openings.

3.6 No batteries of a type which emit gases shall be stored in the crew accommodation and there shall be no opening from the crew accommodation into a space where such batteries are stored. Precautions shall be taken to ensure that fumes from batteries cannot be discharged into the crew accommodation.

3.7 No manhole or other opening to a fuel tank shall be situated in the crew accommodation.

4. Interior bulkheads

4.1 All bulkheads within the crew accommodation shall be properly constructed of steel or other suitable material.

4.2

(a) Every bulkhead which separates any part of crew accommodation from:

(j) sanitary accommodation;

(ii) a laundry;

(iii) a drying room;

(iv) a galley;

(v) a cold store room;

(vi) a dry provision store room

shall be of gastight construction, and

(b) Every bulkhead which separates any part of the crew accommodation from any of the spaces specified in subparagraphs (a)(i) to (v) inclusive shall be watertight to a height ofnot less than 23 centimetres, except in the case of doorways situated in bulkheads when the bulkheads shall be watertight to a height of not less than 10 centimetres.

4.3 There shall be no openings in any bulkhead separating any sanitary accommodation, laundry or drying room from any part of the crew accommodation except a passageway, recreation deck space or other sanitary accommodation, laundry or drying room; nor in a bulkhead separating a galley from a sleeping room.

5. Floor decks

5.1 Every floor deck which forms the floor of any part of the crew accommodation (called a“floor deck”) shall be properly constructed. If it is directly over an oil tank or permanent coal bunker it shall be oil tight or gastight respectively. Every floor deck shall have a surface which provides a good foothold and can be easily kept clean. Any floor covering shall be impervious to water and if the deck is directly over an oil tank, impervious to oil.

5.2 Every floor deck made of metal, except floor decks in sanitary accommodation, galleys, laundries and store rooms, shall be covered with material suitable to its purpose. The material shall be laid properly and the joins where the floor meets the walls shall be rounded in such a way as to avoid crevices.

5.3 Every floor deck in sanitary accommodation, galleys and laundries shall be covered with terrazzo tiles or other hard material which is impervious to liquids and provides a good foothold. The covering shall be properly laid and joins where the floor meets the walls shall be rounded in such a way as to avoid crevices.

6. Pipes in crew accommodation

6.1 Hawse pipes shall not pass through crew accommodation.

7. Heating

7.1 Except in ships employed solely within the Tropics or the Gulfs area, all sleeping rooms, mess rooms, day rooms, recreation rooms, rooms for watching films and television, hobbies and games rooms, offices, studies, sanitary accommodation and hospitals shall be installed with a main heating system capable of ensuring that when:-

(a) The ventilation system provided for the room or crew accommodation is working as to supply at least 25 cubic metres of fresh air per hour for each person which the room or crew accommodation is designed to accommodate at any one time; and

(b) The temperature of the ambient air is -1˚ C the temperature in that room or crew accommodation can be maintained at 21˚C.

7.2 The main heating system shall be operated by steam, hot water or electricity, or shall be a system supply warm air.

7.3 Means for turning on or off or varying the heat emitted by a radiator or other heating device without using a tool or key shall, wherever reasonably practicable, be provided in the space in which that radiator or other device is fitted. All heating equipment shall be so constructed that its operation is not affected by the use or non use of propelling machinery, steering gear, deck machinery, calorifiers or cooking appliances.

7.4 (a) Subject to subparagraph (b) below, the crew accommodation shall be heated by means of the main heating system at all times when any members of the crew are living or working on board and the circumstances are such that heating is required.

(b) Heating by means of the main heating system need not be provided when the vessel is in port if such parts of the crew accommodation as are then in use provided with a safe and efficient temporary means of heating capable of ensuring the standard required by paragraph

7.1

7.5 Heating equipment shall be so constructed and installed, and if necessary shielded, as to avoid risk of fire or of danger of discomfort to the crew.

8. Lighting

8.1 In passenger ships all parts of the crew accommodation, except galleys, pantries, laundries, drying room, lockers, private and semi-private bathrooms and store rooms, shall wherever reasonably practicable be adequately lit by natural light.

8.2 In all other ships other than passenger ships:-

(a) subject to paragraph (b) below, all parts of the crew accommodation except galleys,pantries, laundries, drying room, lockers, private and semi-private bathrooms and store rooms shall be adequately lit by natural light; and

(b) sanitary accommodation and passageways shall wherever practicable be adequately lit by natural light.

8.3 An electric lighting system shall be installed which is capable of supplying adequate light in all parts of the crew accommodation. Electric lights shall be so arranged as to give maximum benefit to the crew and shall include an electric reading lamp for each bed with a controlling switch at the head of the bed.

9. Ventilation

9.1 Every enclosed space in the crew accommodation, except a cold store room, shall be provided with a ventilation system capable of maintaining the air in that space in a sufficiently pure condition for the health and comfort of the crew in all conditions of weather and climate which the ship is likely to encounter during the voyages on which she is intended to be engaged, and capable of being controlled as necessary for that purpose.

9.2 Without prejudice to the generality of paragraph 9.1:-

(a) in all foreign going ships of 1000 tons or over except those regularly engaged in latitudes north of latitude 50˚ North or south of latitude 45˚ south; and

(b) in all ships of under 1000 tons regularly engaged on voyages solely with the area of the Tropics or the Gulfs area the ventilation system provided for every enclosed space in the crew accommodation except a cold store or a galley shall be an air conditioning system which shall be designed:-

(i) to maintain the air at a satisfactory temperature and relative humidity as compared with the outside air conditions, and to ensure a sufficiency of air changes in all air-conditioned spaces; and

(ii) to take account of the particular characteristics of operations at sea and not produce objectionable noises and vibrations.

9.3 In ships provided with an air-conditioning system, sanitary accommodation, laundries, drying rooms, changing rooms and pantries shall be provided with mechanical exhaust ventilation capable of ensuring rates of air changes sufficient for the type of accommodation for which it is provided.

10. Drainage

10.1 The crew accommodation shall be efficiently drained. In particular:-

(a) drainage pipes and channels shall be provided wherever necessary to clear water shipped from the sea; and

(b) in order to preclude effluvia from the crew accommodation, the soil and other waste water drainage system shall be so arranged and fitted with such water

seals, air vents and storm valves as are necessary to prevent siphonage or blow-back.

10.2 Each space in the sanitary accommodation (except private bathrooms) and each laundry shall be served by one or more scuppers which do not serve any space other than sanitary accommodation or another laundry. The scuppers shall be at least 50 millimetres in diameter and shall be placed wherever water is likely to collect on the floor.

10.3 There shall be no drainage into sanitary accommodation from any source outside that accommodation except other sanitary accommodation.

11. Sleeping rooms

11.1 When sleeping accommodation on board ships is required, the following requirements

for sleeping rooms apply:

(a) in ships other than passenger ships, an individual sleeping room shall be provided for each seafarer; in case of ships less than 3000 gross tonnage or special purpose ships, exemptions from this requirement may be granted after consultation with the shipowners’ and seafarers’ organisation concerned;

(b) in single berth seafarers’ sleeping rooms the floor area should be not less than:

(i) 4.5 square metres in ships of less than 3000 gross tonnage;

(ii) 5.5 square metres in of 3000 gross tonnage or over but less than 10,000 gross tonnage;

(iii) 7 square metres in ships of 10,000 gross tonnage or over

11.2 However, in order to provide single berth sleeping rooms on ships of less than 3000gross tonnage, passenger ships and special purpose ships, a reduced floor area may be permitted.

11.3 In ships of less than 3000 gross tonnage other than passenger ships and special purpose ships, sleeping rooms may be occupied by a maximum of two seafarers; the floor area of such sleeping rooms shall not be less than 7 square metres.

11.4 On passenger ships and special purpose ships the floor area of sleeping rooms for seafarers not performing the duties of ships’ officer shall be not less than:

(i) 7.5 square metres in rooms accommodating two persons;

(ii) 11.5 square metres in rooms accommodating three persons;

(iii) 14.5 square metres in rooms accommodating four persons.

11.5 On special purpose ships sleeping rooms may accommodate more than four persons the floor area of such sleeping rooms shall not be less than 3.6 square metres per person.

11.6 In the case of seafarers performing the duty of petty officers there should be not morethan two persons per sleeping room.

11.7 On passenger ships and special purpose ships the floor area for seafarers performing the duties of ships’ officer where no private sitting room or day room is provided, the floor area per person for junior officers shall not be less than 7.5 square metres and for senior officers not less than 8.5 square metres; junior officers are understood to be at operational level and senior officers at the management level.

11.8 On ships other than passenger ships and special purpose ships, sleeping rooms for seafarers’ who perform the duties of ships’ officers, where no private sitting room or day room is provided, the floor area per person shall be not less than;

(i) 7.5 square metres in ships of less than 3000 gross tonnage;

(ii) 8.5 square metres in less of 3000 gross tonnage or over but less than 10,000 gross tonnage;

(iii) 10 square metres in ships of 10,000 gross tonnage or over.

11.9 The master, the chief engineer and the chief navigating officer shall have, in addition to their sleeping rooms, an adjoining sitting room, day room or equivalent additional space; ships of less than 3000 gross tonnage may be exempted from this requirement after consultation with the shipowners’ and seafarers’ organisations.

11.10 In determining the floor area of a room for the purpose of this requirement, spaces occupied by berths, lockers, seats or chests of drawers and other furniture shall be included in the measurement of the floor area but spaces which by reason of their small size or irregular shape cannot accommodate furniture and do not contribute to the area available for free movement shall not be so included.

11.11 Where sleeping rooms are shared, separate sleeping rooms must be provided for male and female persons.

12. Beds

12.1 Every sleeping room shall be fitted with a bed for each person accommodated in the room.

12.2 Beds shall not be fitted fore and aft along the ships’ side unless the size of the room is such that it would be impracticable to fit them elsewhere. Where beds are fitted along the ships’ side, they shall be in single-tier, except in a room where there is no sidescuttle fitted or in which any sidescuttle fitted is fitted clear of the beds.

12.3 The minimum inside dimension of beds shall be adequate to accommodate mattresses of a size not less than 198 centimetres by 80 centimetres.

12.4 Every bed shall be fitted with either:-

(a) a spring bottom or spring under-mattress and a top mattress of a material which will resist damp and is unlikely to harbour vermin; or

(b) a suitable resilient mattress on a suitably ventilated base.

12.5 Leeboards or lee-rails shall be fitted to the upper berth of every double tier bed.

12.6 Where a double tier bed is fitted a suitable portable ladder shall be supplied for access to the upper berth. The ladder shall be so constructed that it hooks on to the lee rail to prevent any slipping when in use. Suitable provision shall be made for its safe stowage when not in use.

13. Furniture and fittings in sleeping rooms

13.1 Every sleeping room shall be so planned and equipped as to ensure reasonable comfort for the occupants and to facilitate tidiness.

13.2 For each occupant, the furniture shall include a clothes locker of ample space (minimum 475 litres) and a drawer or equivalent space of not less than 56 litres; if the drawer is incorporated in the clothes locker then the combined minimum volume of the clothes locker shall be 500 litres; it shall be fitted with a shelf and be able to be locked by the occupant so as to ensure privacy.

13.3 Each sleeping room shall be provided with a table or desk, which may be of the fixed, drop-leaf or slide-out type, and with comfortable seating accommodation.

13.4 Sleeping rooms shall be fitted with curtains or equivalent for the sidelights.

13.5 Sleeping rooms shall be fitted with a mirror, small cabinets for toilet requisites, a book rack and a sufficient number of coat hooks.

13.6 With the exception of passenger ships, each sleeping room shall be provided with a washbasin having hot and cold running fresh water, except where such a washbasin is situated in the private bathroom provided.

14. Mess Rooms

14.1 Unless the circumstances are such that no members of the crew are required to mess on board, mess rooms shall be provided for the crew; each mess room shall be large enough to accommodate the greatest number of persons likely to use it at any one time.

14.2 Mess rooms shall be located away from sleeping rooms and as close as practicable to the galley. Ships of less than 3000 gross tonnage may be exempted from this requirement after consultation with the shipowners’ and seafarers’ organisations concerned.

14.3 Mess rooms should be of adequate size and comfort and properly furnished and equipped (including ongoing facilities for refreshment), taking account of the number of seafarers likely to use them at any one time; provision shall be made for separate or common mess room facilities as appropriate.

14.4 Mess room facilities may be either common or separate. The decision in this respect should be taken after consultation with seafarers’ and shipowners’ representatives and subject to the approval of the MCA. Account should be taken of factors such as the size of the ship and the distinctive cultural, religious and social needs of the seafarers.

14.5 Where separate mess room facilities are to be provided to seafarers, then separate mess rooms shall be provided for:-

(a) master and officers; and

(b) petty officers and other seafarers

14.6 On ships other than passenger ships, the floor area of mess rooms for seafarers should be not less than 1.5 square metres per person of the planned seating capacity.

15. Furniture and fittings in mess rooms

15.1 In all ships, mess rooms should be equipped with tables, appropriate seats, fixed or moveable, sufficient to accommodate the greatest number of seafarers likely to use them at any one time.

15.2 Every mess room provided for persons who do not provide their own food shall be provided with adequate stowage space for mess utensils in a sideboard, dresser or in separate lockers.

15.3 Every mess room provided for persons who do provide their own food shall be fitted with a stowage locker for each person likely to use the room. Each such stowage locker shall be:-

(i) large enough to contain one person’s mess utensils and supply of food;

(ii) fitted with a secure lock or hasp for a padlock

(iii) so fitted as to be clear of the floor by at least 300 millimetres; and

(iv) adequately ventilated lockers provided in pursuance or this paragraph may be fitted together in the mess room or in a suitable place readily accessible

from it.

15.4 There shall be available at all times when seafarers are on board:-

(a) a refrigerator, which shall be conveniently situated and of sufficient capacity for the number of persons using the mess room or mess rooms;

(b) facilities for hot beverages; and

(c) cool water facilities.

15.5 Where available pantries are not accessible to mess rooms, adequate lockers for mess utensils and proper facilities for washing utensils shall be provided.

16. Recreation spaces

16.1 Recreation rooms, conveniently situated and appropriately furnished, shall be provided for officers and ratings. Where these are not provided separately from the mess rooms the latter shall be planned, furnished and equipped to give recreational facilities. Furnishings for recreation accommodation shall as a minimum include a bookcase and facilities for reading, writing and where practicable, for games.

16.2 Appropriate seafarers’ recreational facilities, amenities and services, as adapted to meet the special needs of seafarers who must live and work on ships, shall be provided on board for the benefit of all seafarers, taking into account provisions on health and safety protection and accident prevention.

16.3 In every ship, deck space permanently reserved for the use of the crew for recreational purposes shall be provided on an open deck. The space shall be adequate in area having regard to the number of persons in the crew and the size of the ship.

17. Offices

17.1 All ships shall be provided with separate offices or common ship’s office for use by deck and engineering departments; ships of less than 3,000 gross tonnage may be exempted from this requirement after consultation with the shipowners’ and seafarers’ organisations concerned.

18. Sanitary accommodation

18.1 The following private and semi-private bathrooms shall be provided for officers:-

(a) in ships of 5,000 tons, or over but less than 15,000 tons at least 5 officers’ sleeping rooms shall be provided with adjoining private bathrooms for the use of the officers occupying those sleeping rooms;

(b) in ships of 15,000 tons or over every officer’s sleeping room shall be provided withan adjoining private bathroom for the use of the officer using that sleeping room;

(c) without prejudice to (a) in ships of 10,000 tons or over but less than 15,000 tons, every officer’s sleeping room which is not provided with an adjoining private bathroom shall have a semi-private bathroom appropriated to it; that bathroom shall comply with the requirements of paragraph (3) as regards semi-private bathrooms for officers.

18.2 In ships of 25,000 tons or over, other than passenger ships, every ratings sleeping room which is not provided with a private bathroom shall have a semi-private bathroom appropriated to it. These semi-private bathrooms shall not be shared by petty officers and other ratings.

18.3 All seafarers shall have convenient access on the ship to sanitary facilities meeting the minimum standards of health and hygiene and reasonable standards of comfort, with separate sanitary facilities being provided for men and women

18.4 In all ships a minimum of one toilet, one wash basin and one tub or shower or both for every six persons or less who do not have personal facilities shall be provided at a convenient location.

18.5 Every bath and shower shall be provided with a handrail, grating or mat. Except in private or semi-private bathrooms the showers shall be provided with kerbs and individual drainage.

18.6 Hot and cold running fresh water shall be available in all wash places.

18.7 The hot water shall be at a constant temperature of at least 66˚C and shall be heated by thermostatically controlled calorifiers of adequate capacity or by some equally safe and efficient means.

18.8 Every shower shall be provided with an anti-scalding mixing valve which shall be set insuch a way that the temperature of the shower water can be varied by the person using it to any temperature between the ambient temperature and a temperature of at least:-

(i) in the case of a thermostatically controlled mixing valve, 38˚C but not more than 43˚C; or

(ii) in the case of any other mixing valve, 35˚C but not more than 40˚C.

18.9 All sanitary spaces shall have ventilation to the open air, independently of any other part of the accommodation.

18.10 Every water closet shall be provided with the following:-

(a) (i) a water closet pedestal of a single type with a pan of white vitreous china or other suitable material;

(ii) a hinged seat of a suitable hard smooth impervious material;

(iii) a trap with a metal inspection plate; and

(iv) an efficient ventilator connected to the outlet;

(c) an adequate flush of water which shall always be available and supplied through selfclosing non-concussive supply valves with a portable seating of metal which is not likely to become corroded.

18.11 Where water closets specified in paragraph (18.10) would be unsuitable for use by some members of the crew because of distinctive national habits or customs then those water closets may be suitably adapted or other suitable closets shall be provided for those members of the crew, provided that the sanitary accommodation is equal or comparable to the standard otherwise.

18.12 In ships of 1,600 tons or over the following additional sanitary accommodation shall be provided:-

(a) a separate room containing a water closet and a washbasin easily accessible from the navigating bridge for the use of those working in that area;

(b) a separate room containing a water closet and a washbasin within or near to the engine room control compartment or, in ships not fitted with such a compartment within easy access of the propelling machinery space;

(c) a separate room containing a water closet and a washbasin easily accessible from the galley for the use of those working in that area; and

(d) except in ships in which single-berth sleeping rooms and private or semi-private bathrooms are provided for the use of all engine room personnel, washing

accommodation fitted with showers, washbasins and mirrors in sufficient number having regard to the number of such personnel, not provided with single-berth sleeping rooms and private or semi-private bathrooms situated in a place outside but conveniently close to the propelling machinery space.

19. Supply of drinking water and fresh water

19.1 Cold drinking water for the purposes of drinking, cooking and dishwashing shall be laid on to taps in galleys, bars and pantries and in the case of any mess room provided for members of the crew for whom no pantry is provided, a tap to the mess room.

19.2 The tanks from which the drinking water and the fresh water laid on to the washbasins, baths and showers is supplied and any plant installed on board ship from which drinking water and/or fresh water is produced shall be or a capacity to ensure an adequate supply of such water at all times for all members of the crew, provided that as a minimum the tanks shall be sufficient to provide at least 2 days supply of such water.

19.3 Where drinking water and/or fresh water is produced by plant on board the water so produced shall be treated by suitable automatic means of disinfection.

20. Facilities for washing and drying clothes and for hanging oilskins and working clothes

20.1 In all ships, except where due to the nature of the service the crew are not accommodated overnight, facilities for washing, drying and ironing clothes shall be provided for officers and ratings on a scale appropriate to the size of the crew and the normal duration of the voyage. These facilities shall, wherever possible, be located withineasy reach of their accommodation and arrangements shall be made to ensure separate availability of the facilities to officers and ratings.

20.2 The facilities to be provided shall include:-

(a) suitable sinks and washing machines which may be installed in wash rooms if provision of a separate laundry facility is not reasonably practicable, with an adequate supply of hot and cold fresh water or by means of heating water;

(b) drying machines and adequately heated and ventilated drying rooms unless drying machines are of a type which dry clothes completely; and

(c) electric irons and ironing boards or their equivalent.

20.3 Adequately ventilated compartments or lockers solely for use solely for hanging oilskins and other working clothes shall be provided in a place outside but conveniently near to the sleeping rooms. Separate compartments or lockers shall be provided for officers and ratings

20.4 Where washing accommodation is provided in accordance with paragraph 18(12)(d) such accommodation shall be provided with a clothes locker for each member of the engine room department not provided with a single-berth sleeping room and a private or a semi-private bathroom. Clothes lockers so provided shall be considered as complying with the requirements of paragraph (3) in respect of lockers for working clothes.

21. Galleys

21.1 Except in ships in which no member of the crew will be required to mess on board, a galley suitably positioned clear of working areas and situated as close as practicable to the mess rooms shall be provided for the preparation of food for the crew.

21.2 Every galley shall be provided with all equipment necessary to enable food in sufficient quantity to be properly and readily prepared for all persons whom the galley is intended to serve and served hot to them in the mess room in all weathers.

21.3 Every galley shall be provided with facilities for washing up. Hot fresh water and cold drinking water shall be laid on to any sink or other washing up facility in the galley. In ships of 3,000 tons or over there shall, in addition, be provided a washbasin supplied with hot and cold fresh water.

21.4 The ventilation in the galley shall be so arranged as to ensure an adequate supply of fresh air and the efficient discharge of fumes into the open air.

22. Dry provision store rooms

22.1 In every ship, except one in which each member of the crew provides his own food, one or more store rooms shall be provided for the storage of provisions for the crew. The rooms shall be fitted with sufficient shelves, cupboards and bins having regard to the maximum period likely to elapse between successive replenishment of stores and to the maximum number of persons for whom food is to be provided. Shelves, cupboards and bins shall be so constructed as to enable them to be effectively cleaned.

22.2 Access to every dry provision store room shall be obtained from a passageway, galley, pantry or other dry provision store room.

23. Cold store rooms and refrigerating equipment

23.1 The following requirements as regards cold store rooms apply:-

(a) In every foreign going ship of 1,000 tons or over, cold store rooms shall be provided for the storage of perishable provisions;

(b) In every foreign going ship of under 1,000 tons and in every home trade ship, there shall be provided for the storage of perishable provisions for the crew either cold store rooms or adequate alternative cold store room facilities:

(c) If the said door opens into any part of the crew accommodation, the door shall be of steel, gastight and self-closing.

23.2 A red warning light outside every cold store room or group of cold store rooms shall be included in the lighting circuit of each such room or groups of rooms. Every cold store room shall be fitted with an internal means of sounding an external alarm and with a means of releasing the door fastenings from the inside.

24. Hospitals

24.1 Ships carrying 15 or more seafarers and engaged on voyages of more than three days duration shall provide separate hospital accommodation to be used exclusively for medical purposes.

24.2 For ships exclusively engaged in near coastal voyages, a suitable room shall be appropriated for use, in case of need, as a temporary hospital. When that room is in use as a temporary hospital it shall not be used for any purpose other than the treatment of sick persons.

24.3 “near-coastal voyage" means a voyage during which the vessel is never more than 150 nautical miles from a safe haven in the United Kingdom, or never more than 30 nautical miles from a safe haven in the Republic of Ireland.

24.4 Every hospital, whether permanent or temporary, shall be so situated that it is as quiet and comfortable as possible and is readily accessible in all weathers:-

(a) from the sleeping room of a member of the crew who is and is employed as, a duly qualified doctor or nurse; and

(b) if no such doctor or nurse is carried, from the master’s accommodation.

24.5 At least one bed in every permanent hospital shall be a single-tier bed and shall, wherever practicable, be so placed that it is accessible from both sides and from the foot.

25. Medical cabinet

25.1 A cabinet or other suitable facility for storing medicines and other medical stores, which the ship is required by regulations made under Section 85 of the Merchant Shipping Act 1995 to carry for the crew, shall be well ventilated and fitted in a place in the crew area of the ship:-

(a) is always dry;

(b) is readily accessible from (but not sited in) the permanent or temporary hospital; and

(c) is not subject to abnormal heat.

25.2 Where a medical cabinet is required it shall be provided with the following:-

(a) an outer door with an efficient lock

(b) where controlled drugs are to be stored, an inner cupboard fitted with a door and a lock which cannot be opened by the same key as the lock to the outer door;

(c) suitable arrangements for the storage of these medicines, medical stores and associated measuring devices all as required by the regulations referred to in paragraph 25.1; and

(d) a dispensing counter with a surface that can be easily kept clean.

26. Protection from mosquitoes

26.1 Ships regularly trading in mosquito infested ports shall be fitted with the appropriate devices as required by the competent authority.

Schedule 2

(Annex 1, paragraphs 3.2.5 and 3.2.6)

Food Safety in Catering

Learning Outcomes Assessment Criteria

1.1 Outline the importance of food safety procedures, risk assessment, safe food handling and behaviour

1.2 Describe how to report food safety hazards

1 Understand how individuals can take personal responsibility for food safety

1.3 Outline the legal responsibilities of food handlers and food business operators

2.1 Explain the importance of personal hygiene in food safety including its role in reducing the risk of contamination

2 Understand the importanceof keeping him/herself clean and hygienic

2.2 Describe effective personal hygiene practices, for example, protective clothing, hand washing, personal illnesses, cuts and wounds

3.1 Explain how to keep the work area and equipment clean and tidy to include cleaning and disinfection methods, safe use and storage of cleaning chemicals and materials, and waste disposal

3.2 State how work flow, work surfaces and equipment can reduce contamination risks an aid cleaning

3 Understand the importance of keeping the work areas clean and hygienic

3.3 Outline the importance of pest control

4.1 State the sources and risks to food safety from contamination and cross contamination to include microbial, chemical, physical and allergenic hazards.

4.2 Explain how to deal with food spoilage including recognition, reporting and disposal

4.3 Describe safe food handling practices and procedures for storing, preparing, cooking, chilling, reheating, holding, serving and transporting food

4.4 Explain the importance of temperature controls when storing, preparing, cooking, chilling, reheating, holding, serving and transporting food

4 Understand the importance of keeping food safe

4.5 Describe stock control procedures including deliveries, storage, date marking and stock rotation

Schedule 3

(Annex 1, paragraph 4.3.3(2)(b))

OCCUPATIONAL DISEASE REPORT FORM

FOR UK REGISTERED MERCHANT SHIPS

Employers of seafarers on UK ships are required to complete and submit this form to the MCA when seafarers are diagnosed by a medical practitioner with a occupational disease, and where the seafarers have been engaged in the corresponding type of work specified for that disease under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations.

One form should be completed for each disease.

Please submit the completed form to : Maritime and Coastguard Agency

Bay 1/29 Spring Place

105 Commercial Road

Southampton

SO15 1EG

Fax : 02380 329 251

Email: [email protected]

This form must be completed by the employer or a responsible person.

Completing and signing this form does not constitute an admission of liability of any kind,

either by the person making the report or any other person.

PART A

About you

1. What is your full name?

2. What is your job title?

3. What is your telephone number?

About your organisation

4. What is the organisation’s name?

5. What is the land based address and

postcode?

6. What is the name of the vessel on

which the seafarer is currently

working?

7. Does the affected person usually

work aboard this vessel?

8. What type of vessel is it?

(Reference list below)

(a) Passenger /Cruise / Ferry

(b) Container / Cargo

(c) Tanker

(d) Offshore / Supply / Offshore support

(e) Research

(f) Standby

(g) Tug / Support / Maintenance

(h) Yacht

(i) Other – Please specify

Yes No

9. Where does it operate from and to?

PART B

About the affected person

1. What is their Rank

2. What is their job title?

3. What is their date of birth?

4. Are they

Male Female

5. Is the affected person (tick one of the

following boxes)

Employed

Self employed

Trainee / Cadet

(Give details below)

PART C

The disease you are reporting

6. Please give:

the name of the disease, and the type of

work it is associated with and quote the

RIDDOR reference number

7. What is the date on the statement from the doctor who first diagnosed or confirmed the disease?

8. Whats the name and the address of the doctor?

PART D

Describing the work that led to the disease

Please describe any work done by the affected person which might have resulted in the disease.

Give as much detail as you can for instance if the disease is thought to have been caused by exposure to an agent at work (eg. a specific chemical) please say what the agent is, consider also environmental conditions, the part played by any people, the name and type of machinery involved and any other information which is relevant.

Give your description here :

D D M M Y

D

Y Y Y

D D M M Y Y Y Y

PART E

Your signature

Your signature

Date:

If returning by post / fax, please ensure this

form is signed, alternatively, if returning by

email, please type your name in the

signature box.

D D M M Y Y Y Y

For official use

Ref No.

Entered by

(Part D contd.)

Annex 2 (Regulation 8(5) and paragraph 8.2 of this Notice)

Interim Maritime Labour Certificate

Issued under the provisions of Article V and Title 5 of the Maritime Labour Convention, 2006 (referred to below as “the Convention”) under the authority of the Government of the United Kingdom of Great Britain and Northern Ireland by the Maritime and Coastguard Agency, an Executive Agency of the Department for Transport.

Particulars of the ship

Name of ship

Distinctive number or letters Port of registry

Date of registry Gross tonnage ¹

IMO number Type of ship

Name and address of the

shipowner ²

¹ For ships covered by the tonnage measurement interim scheme adopted by the IMO, the gross tonnage is that which is included in the REMARKS column of the International Tonnage Certificate (1969). See Article II(1)(c) of the Convention.

² Shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with this Convention, regardless of whether any other organizations or persons fulfil certain of the duties or responsibilities on behalf of the shipowner.

This is to certify, for the purposes of Standard A5.1.3, paragraph 7, of the Convention, that:

(a) this ship has been inspected, as far as reasonable and practicable, for the matters listed in Appendix A5-I to the Convention, taking into account verification of items under (b), (c)

and (d) below;

(b) the shipowner has demonstrated to the competent authority or recognized organization that the ship has adequate procedures to comply with the Convention;

(c) the master is familiar with the requirements of the Convention and the responsibilities for implementation; and

(d) relevant information has been submitted to the competent authority or recognized organization to produce a Declaration of Maritime Labour Compliance.

This Certificate is valid until subject to inspections in accordance with Standards A5.1.3 and A5.1.4

Completion date of the inspection referred to under (a) above was

Issued at on

Signature of the duly authorized official issuing the interim certificate

Name

Signed

Official Stamp

Annex 3 (Regulation 6(5) and paragraph 8(4) of this Notice)

Maritime Labour Certificate

(Note: This Certificate shall have a Declaration of Maritime Labour Compliance attached)

Issued under the provisions of Article V and Title 5 of the Maritime Labour Convention, 2006 (referred to below as “the Convention”) under the authority of the Government of the United Kingdom of Great Britain and Northern Ireland by the Maritime and Coastguard Agency, an Executive Agency of the Department for Transport.

Particulars of the ship

Name of ship

Distinctive number or letters Port of registry

Date of registry Gross tonnage ¹

IMO number Type of ship

Name and address of the

shipowner ²

¹ For ships covered by the tonnage measurement interim scheme adopted by the IMO, the gross tonnage is that which is included in the REMARKS column of the International Tonnage Certificate (1969). See Article II(1)(c) of the Convention.

² Shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with this Convention, regardless of whether any other organizations or persons fulfil certain of the duties or responsibilities on behalf of the shipowner.

This is to certify:

1. That this ship has been inspected and verified to be in compliance with the requirements of the Convention, and the provisions of the attached Declaration of Maritime Labour Compliance.

2. That the seafarers’ working and living conditions specified in Appendix A5-I of the Convention were found to correspond to the abovementioned country’s national requirements implementing the Convention. These national requirements are summarized in the Declaration of Maritime Labour Compliance, Part I.

This Certificate is valid until subject to inspections in accordance with Standards A5.1.3 and A5.1.4 of the Convention

This Certificate is valid only when the Declaration of Maritime Labour Compliance issued at on Is attached.

Completion date of the inspection on which this Certificate is based was

Issued at on

Signature of the duly authorized official issuing the Certificate

Name

Signed

Official Stamp

Endorsements for mandatory intermediate inspection and, if required, any additional inspection

This is to certify that the ship was inspected in accordance with Standards A5.1.3 and A5.1.4 of the Convention and that the seafarers’ working and living conditions specified in Appendix A5-I of the Convention were found to correspond to the abovementioned country’s national requirements implementing the Convention.

Intermediate inspection (to be completed between the second and third anniversary dates)

Additional endorsements (if required)

This is to certify that the ship was the subject of an additional inspection for the purpose of verifying that the ship continued to be in compliance with the national requirements implementing the Convention, as required by Standard A3.1, paragraph 3, of the Convention (re-registration or substantial alteration of accommodation) or for other reasons.

Name

Signed

Date

Marine Office Official Stamp

Additional

Inspection: Name

(if required)

Signed

Date

Marine Office Official Stamp

Additional

Inspection: Name

(if required)

Signed

Date

Marine Office Official Stamp

Additional

Inspection: Name

(if required)

Signed

Date

Marine Office Official Stamp

Annex 4 (Regulation 11(4) and paragraph 10.1.1 of this Notice)

Maritime Labour Certificate

Declaration of Maritime Labour Compliance – Part I

(Note: This Declaration must be attached to the ship’s Maritime Labour Certificate (MSF2403) Issued under the authority of the Government of the United Kingdom of Great Britain and Northern Ireland by the Maritime and Coastguard Agency, an Executive Agency of the Department for Transport.

With respect to the provisions of the Maritime Labour Convention, 2006, the following referenced ship:

Name of ship IMO number Gross tonnage

1

is maintained in accordance with Standard A5.1.3 of the Convention.

The undersigned declares, on behalf of the abovementioned competent authority, that:

(a) the provisions of the Maritime Labour Convention are fully embodied in the national requirements referred to below;

(b) these national requirements are contained in the national provisions referenced below; explanations concerning the content of those provisions are provided where necessary;

(c) the details of any substantial equivalencies under Article VI, paragraphs 3 and 4, are provided [under the corresponding national requirement listed below] [in the section provided for this purpose below];

(d) any exemptions granted by the competent authority in accordance with Title 3 are clearly indicated in the section provided for this purpose below; and

(e) any ship-type specific requirements under national legislation are also referenced under the requirements concerned.

1. Minimum age (Regulation 1.1)

2. Medical Certification (Regulation 1.2)

3. Qualifications of Seafarers (Regulation 1.3)

4. Seafarers’ employment agreements

(Regulation 2.1)

5. Use of any licensed or certified or regulated private recruitment and placement service

(Regulation 1.4)

6. Hours of work or rest (Regulation 2.3)

7. Manning levels for the ship (Regulation 2.7)

8. Accommodation (Regulation 3.1)

9. On-board recreational facilities (Regulation 3.1)

10. Food and catering (Regulation 3.2)

11. Health and safety and accident prevention (Regulation 4.3)

12. On-board medical care (Regulation 4.1)

13. On-board complaint procedures (Regulation 5.1.5)

14. Payment of wages (Regulation 2.2)

Name

Signed

Date

Marine Office

Official Stamp

Substantial equivalencies

(Note: Strike out the statement which is not applicable)

The following substantial equivalencies, as provided under Article VI, paragraphs 3 and 4, of the Convention, except where stated above, are noted (insert description if applicable):

No equivalency has been granted.

Name

Signed

Date

Marine Office

Official Stamp

Exemptions

(Note: Strike out the statement which is not applicable)

The following exemptions granted by the competent authority as provided in Title 3 of the Convention are noted:

No exemption has been granted.

Name

Signed

Date

Marine Office

Official Stamp

Annex 5 (Regulation 11(4) and paragraph 10.1.2 of this Notice)

Maritime Labour Certificate

Declaration of Maritime Labour Compliance – Part II

Measures adopted to ensure ongoing compliance between inspections

The following measures have been drawn up by the shipowner, named in the Maritime Labour Certificate MSF 2403 to which this Declaration is attached, to ensure ongoing compliance between inspections.

(State below the measures drawn up to ensure compliance with each of the items in Part I)

1. Minimum age (Regulation 1.1)

2. Medical certification (Regulation 1.2)

3. Qualifications of seafarers (Regulation 1.3)

4. Seafarers’ employment agreements (Regulation 2.1)

5. Use of any licensed or certified or regulated private recruitment and placement service (Regulation 1.4)

6. Hours of work or rest (Regulation 2.3)

7. Manning Levels for the ship (Regulation 2.7)

8. Accommodation (Regulation 3.1)

9. On-board recreational facilities (Regulation 3.1)

10. Food and catering (Regulation 3.2)

11. Health and safety and accident prevention (Regulation 4.3)

12. On-board medical care (Regulation 4.1)

13. On-board complaint procedures (Regulation 5.1.5)

14. Payment of wages (Regulation 2.2)

I hereby certify that the above measures have been drawn up to ensure ongoing compliance, between inspections, with the requirements listed in Part I.

Name of shipowner ¹

Company address

Name of the authorized signatory

Title

Signature of the authorized signatory Official Stamp

Date

The above measures have been reviewed by Maritime and Coastguard Agency, an Executive Agency for the Department for Transport and, following inspection of the ship, have been determined as meeting the purposes set out under Standard A5.1.3, paragraph 10(b), regarding measures to ensure initial and ongoing compliance with the requirements set out in Part I of this Declaration.

Name

Signed

Date Official Stamp

Marine Office

¹ Shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with this Convention, regardless of whether any other organizations or persons fulfil certain of the duties or responsibilities on behalf of the shipowner.

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