The Seafarers (Insolvency, Collective Redundancies and Information and Consultation Miscellaneous Amendments) Regulations 2018

• Citation: S.I. 2018/407
• Sections: 5

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Seafarers (Insolvency, Collective Redundancies and Information and Consultation Miscellaneous Amendments) Regulations 2018 and come into force on the 22nd day after the day on which they are made.

(2) These Regulations extend to England and Wales and Scotland.

Section 2 Amendment of the Employment Rights Act 1996

(1) Section 199 of the Employment Rights Act 1996 (mariners) is amended as follows.

(2) In subsection (2) for “Parts X to XII ” substitute “Part X”.

(3) In subsection (4) omit “and Part XII”.

(4) The amendment made by paragraph (2), insofar as it relates to Part XI of the Employment Rights Act 1996, only has effect in relation to employees who on or after the date on which these Regulations come into force—

(a) are dismissed by reason of redundancy, or

(b) become eligible for a redundancy payment by reason of being laid off or kept on short-time.

(5) The amendment made by paragraph (2), insofar as it relates to Part XII of the Employment Rights Act 1996, and the amendment made by paragraph (3) only have effect in relation to employees whose employer has become insolvent on or after the date on which these Regulations come into force.

Section 3 Amendment of the Trade Union and Labour Relations (Consolidation) Act 1992

(1) Section 284 of the Trade Union and Labour Relations (Consolidation) Act 1992 (share fishermen) is amended as follows.

(2) Omit—

In Part IV, Chapter II (procedure for handling redundancies).

(3) The amendment made by paragraph (2) only has effect in relation to dismissals which are first proposed by an employer on or after the date on which these Regulations come into force.

Section 4 Amendment of the Information and Consultation of Employees Regulations 2004

(1) The Information and Consultation of Employees Regulations 2004 are amended as follows.

(2) Regulation 43 (exception for merchant navy) is omitted.

Section 5 Review of Regulations

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

(a) carry out a review of the regulatory provision contained in regulation 4, and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before the end of the period of five years beginning with the date on which these Regulations come into force.

(3) Subsequent reports must be published at intervals not exceeding five years.

(4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how Article 3(3) of Directive 2002/14/EC , which is amended by Article 3 of Directive 2015/1794/EC , is implemented in other member States.

(5) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a),

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

(c) assess whether those objectives remain appropriate, and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(6) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).