Shipowner duty to make provision for seafarer medical and other expenses
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(1) This regulation applies in relation to a seafarer who suffers sickness or injury falling within paragraph (2). (2) Sickness or injury falls within this paragraph if it— (a) first occurs during a period— (i) which starts on the date on which that seafarer's seafarer employment agreement commences and ends on the next date on which the shipowner's duty to make provision for the repatriation of that seafarer under regulation 19 ends under regulation 21; or (ii) which starts after a period referred to in sub-paragraph (i) but is caused by circumstances or events arising during that period; and (b) does not first occur during a period of leave, other than shore leave. (3) Subject to paragraphs (5) and (6), 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 (4) which are reasonably incurred in connection with the seafarer's sickness or injury. (4) Expenses falling within this paragraph are— (a) expenses of surgical, medical, dental or optical treatment (including the supply, repair or replacement of any appliance); and (b) expenses for board and lodging. (5) The duty to meet expenses referred to in paragraph (3)(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 regulation 22 and does not apply in respect of any expenses met by the shipowner in accordance with that duty. (6) Subject to paragraph (7), the duty to meet expenses referred to in paragraph (3)(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; or (b) a period beginning on the day on which the sickness or injury first occurs and ending on the day on which a person authorised to issue seafarer medical certificates 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 out under 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. (7) If a person authorised to issue seafarer medical certificates has notified a seafarer of a decision in the terms described in paragraph (6)(b) and that or another such person subsequently notifies the seafarer that such a decision no longer applies in both or either respects, the duty to meet expenses referred to in paragraph (3)(b) is limited to expenses incurred during the period set out in paragraph (6)(a). (8) The shipowner may recover from the seafarer as a civil debt any expenses it has met under the duty to meet expenses referred to in paragraph (3)(b) in connection with— (a) injury suffered otherwise than in the service of the ship; (b) injury or sickness arising from the wilful misconduct of the seafarer who is injured or sick; or (c) injury or sickness intentionally concealed by the seafarer prior to entering into the seafarer employment agreement. (9) If any expenses are incurred by a seafarer to which the duty in paragraph (3) applies, the seafarer may (other than in the circumstances referred to in sub-paragraphs (a) to (c) of paragraph (8)) recover those expenses from the shipowner as a civil debt. (10) A breach of paragraph (3) is an offence by the shipowner.