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The Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013

The Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013 reg 18

reg 18 Documentation and complaint procedure requirements for non-United Kingdom ships

(1) A ship to which this regulation applies must comply with the following requirements of the Maritime Labour Convention— (a) Standard A5.1.1 paragraph 2 (requirement to have copy of Maritime Labour Convention on board), (b) Regulation 5.1.3 paragraphs 3 and 4 and Standard A5.1.3 paragraph 12 (Maritime Labour Certificate and Declaration of Maritime Labour Compliance to be carried on board ship), (c) Regulation 5.1.5 and Standard A5.1.5 (on-board complaint procedures), and (d) Regulation 5.2.2 and Standard A5.2.2 (onshore seafarer complaint-handling procedures). (2) If a ship to which this regulation applies proceeds to sea in United Kingdom waters or attempts to proceed to sea or on a voyage or excursion in United Kingdom waters without complying with the requirements referred to in paragraph (1), the shipowner and the master of the ship are guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years, or a fine, or both. (3) In any proceedings for an offence under this regulation, it is a defence for the person charged to prove that all reasonable steps had been taken by that person to ensure compliance with the requirements in question. (4) In any proceedings for an offence under sub-paragraph (1)(b) where the Maritime Labour Convention is not in force for the State whose flag the ship is entitled to fly, it is a defence for the person charged to prove that documents containing substantially similar information to the documents referred to in that sub-paragraph are carried on board the ship.

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