Interpretation of Part 10B
53K
In this Part— “abandonment security” has the meaning given in regulation 53N(1); “relevant period” has the meaning given in regulation 53L(3); “wages” has the same meaning as in Part 10 (see regulation 53).
The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014 PART 10B — Security against the abandonment of seafarers
Abandonment
53L
(1) A seafarer is “abandoned” in relation to a ship if the shipowner— (a) fails to make the provision required under regulation 19 (duty to repatriate seafarers); (b) having regard to the seafarer’s personal circumstances and requirements, leaves the seafarer without necessary maintenance and support, including leaving the seafarer without— (i) adequate food; (ii) drinking water supplies; (iii) accommodation; (iv) essential fuel for survival on board the ship; or (v) necessary medical care; or (c) otherwise unilaterally severs ties with the seafarer, including failing to pay any amount in respect of wages payable to the seafarer under the seafarer’s seafarer employment agreement for a period of at least two months. (2) An abandoned seafarer ceases to be abandoned in relation to a ship if, after the end of the relevant period, the seafarer continues, resumes or takes up new employment on board the ship or is engaged on board the ship. (3) The “relevant period” begins with the day on which the seafarer is abandoned and ends with the earliest of the following events— (a) the seafarer’s arrival in or at— (i) the seafarer’s country of residence; (ii) the destination provided in the seafarer’s seafarer employment agreement as being that to which the seafarer should be returned in the event that the seafarer is repatriated; or (iii) such place as the seafarer has agreed in advance with— (aa) the abandonment security provider; or (bb) any person who has made provision for the seafarer’s repatriation; (b) the seafarer refusing unreasonably to be repatriated, or to co-operate with arrangements made for the seafarer’s repatriation; (c) the expiry of a period of 3 months during which the abandonment security provider has used reasonable endeavours to contact the seafarer but has been unable to make such contact; (d) the abandonment security provider receives written confirmation from the seafarer that financial assistance is no longer required; (e) the death of the seafarer.
Abandonment security requirement applicable to all ships
53M
(1) A ship must not be operated unless— (a) in the case of a ship in a category described in regulation 3(1)(a) or (b), an abandonment security is in force in relation to the ship; or (b) in the case of a ship in the category described in regulation 3(3), financial security is in place for the ship in accordance with paragraph 3 of standard A2.5.2 of the MLC (financial security for abandoned seafarers). (2) A breach of paragraph (1) is an offence by the shipowner.
Abandonment security
53N
(1) “Abandonment security” means a contract of insurance or other form of security relating to a ship that— (a) provides financial assurance of an amount which the shipowner reasonably considers adequate to cover the items in paragraph (2)(a) to (d) for any seafarer who is abandoned in relation to the ship; and (b) provides that any seafarer who is abandoned in relation to the ship is entitled to— (i) make an abandonment claim; and (ii) receive financial assistance in respect of the items in paragraph (2)(a) to (d). (2) The items referred to in paragraph (1)(a) and (b)(ii) are— (a) up to four months’ unpaid wages relating to work undertaken by the seafarer before the end of the relevant period; (b) the cost during the relevant period of— (i) adequate food; (ii) drinking water supplies; (iii) clothing, where necessary; (iv) accommodation; (v) essential fuel for survival on board the ship; (vi) necessary medical care; (c) the cost of repatriation, including— (i) the cost of appropriate travel arrangements and any related costs of passage, but this may be limited to travel or passage that is completed before the seafarer ceases to be abandoned; and (ii) the cost of transport of the seafarer’s personal effects; and (d) all other expenses reasonably incurred by the seafarer before the end of the relevant period as a result of being abandoned. (3) In this regulation— “abandonment claim” is a claim for financial assistance that— is submitted directly to the abandonment security provider by— an abandoned seafarer; or a person authorised by the seafarer to act on the seafarer’s behalf; and is supported by evidence showing that the seafarer is abandoned; “relevant period” has the meaning given in regulation 53L(3).
Consideration and payment of abandonment claims
53O
(1) This regulation applies where an abandonment claim is made. (2) The abandonment security provider to whom the abandonment claim is made must within 7 days of receipt of the claim determine whether the seafarer is entitled to receive financial assistance. (3) An abandonment security provider who determines that a seafarer is entitled to receive financial assistance, whether in relation to the whole or any part of an abandonment claim, must within 14 days of receipt of the claim provide such assistance, whether or not there are further parts of the claim yet to be determined. (4) An abandonment security provider who in contravention of paragraph (2) fails to determine whether a seafarer is entitled to receive financial assistance in relation to the whole or part of an abandonment claim must within 14 days of receipt of the claim provide financial assistance in the amount claimed by the seafarer. (5) Where, in contravention of paragraph (3) or (4) financial assistance is not provided, the abandonment security provider must pay interest on the unpaid amount at the rate of 20% per year from the date of receipt of the claim. (6) An abandonment security provider who— (a) has provided financial assistance to a seafarer under paragraph (3); and (b) subsequently determines that the seafarer was not entitled to receive the financial assistance, may recover as a civil debt the amount of the financial assistance less any interest payable under paragraph (5). (7) In this regulation “abandonment claim” has the meaning given in regulation 53N(3).
Subrogation
53P
(1) Paragraph (2) applies where an abandonment security provider provides financial assistance (“the sum provided”) to a seafarer under an abandonment security. (2) Any rights which a seafarer has (or but for the payment of that sum would have had) against the shipowner as a result of being abandoned are, with respect to the sum provided, transferred to and vested in the abandonment security provider.
Duty to carry and display an abandonment security document
53Q
(1) The shipowner must ensure that, for each abandonment security in force in relation to the ship, an abandonment security document containing the information specified in Schedule 4 is carried on board. (2) The shipowner must ensure that each abandonment security document that relates to the ship and is not in English, has with it an English translation. (3) A breach of paragraph (1) or (2) is an offence by the shipowner. (4) The shipowner and the master of a ship must ensure that each abandonment security document that relates to the ship, together with any English translation, is displayed in a conspicuous place on board ship. (5) A breach of paragraph (4) is an offence by the shipowner and the master of the ship. (6) “Abandonment security document” means a certificate or other documentary evidence of abandonment security issued by the abandonment security provider.
Termination of abandonment security effective only where notice given
53R
(1) The termination by an abandonment security provider of an abandonment security before the end of its period of validity is effective only if the abandonment security provider gives at least 30 days’ prior notice to the Secretary of State. (2) A notice under paragraph (1) must— (a) be in writing; and (b) include a copy of the abandonment security document. (3) “Abandonment security document” has the meaning given in regulation 53Q(6).
Duty on shipowner to notify seafarers if abandonment security is to be terminated
53S
(1) Where the shipowner becomes aware that any abandonment security that relates to a ship is to be, or has been, terminated before the end of its period of validity, the shipowner must give notice to that effect to all seafarers who work on the ship during the notification period. (2) A notice under paragraph (1) must— (a) be in writing; (b) state the date on which the abandonment security is to be or was terminated; and (c) be given as soon as reasonably practicable after the shipowner becomes aware that the abandonment security is to be or was terminated. (3) A breach of paragraph (1) is an offence by the shipowner. (4) In this regulation, the “notification period” means the period — (a) beginning with the date on which the shipowner becomes aware that the abandonment security is to be, or has been, terminated before the end of its period of validity; and (b) ending with on the date that the shipowner becomes aware that the abandonment security has been replaced or reinstated.
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