Merchant Shipping (Maritime Labour Convention) (Shipowners' Liabilities and Repatriation) Regulations 2014

JurisdictionIreland
CitationIR SI 375/2014

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th August, 2014.

I, PASCHAL DONOHOE, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by section 87 of the Merchant Shipping Act 2010 (No. 14 of 2010) (as adapted by the Transport (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 141 of 2011 )) and for the purpose of giving effect to Council Directive 2009/13/EC of 16 February 20091 , hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the Merchant Shipping (Maritime Labour Convention) (Shipowners’ Liabilities and Repatriation) Regulations 2014.

(2) These Regulations come into operation on 20 August 2014.

Definitions

2. In these Regulations—

“Act of 1992” means the Merchant Shipping Act 1992 (No. 2 of 1992);

“Act of 2010” means the Merchant Shipping Act 2010 (No. 14 of 2010);

“agreement” means a seafarer employment agreement (SEA);

“competent authority” means that part of the Department of Transport, Tourism and Sport which is known as the Marine Survey Office;

“Convention” means the Maritime Labour Convention 2006 adopted at Geneva on 23 February 2006;

“enactment” means—

(a) an Act of the Oireachtas,

(b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution, or

(c) an instrument made under—

(i) an Act of the Oireachtas, or

(ii) a statute referred to in paragraph (b);

“international voyage” means a voyage from a port in one country to a port in another country;

“Irish ship” has the meaning assigned to it by section 2 of the Act of 2010;

“Minister” means the Minister for Transport, Tourism and Sport;

“registered medical practitioner” means a medical practitioner who is registered in the register established under section 43 of the Medical Practitioners Act 2007 (No. 25 of 2007);

“Regulations of 2011” means the European Communities (Passenger Ships) Regulations 2011 ( S.I. No. 322 of 2011 );

“seafarer” means any person, including the master, who is employed, engaged or works in any capacity on board a ship and whose normal place of work is on the ship but does not include a pilot within the meaning of section 2 of the Harbours Act 1996 (No. 11 of 1996);

“seafarer employment agreement” includes both a contract of employment and articles of agreement;

“seagoing”, in relation to a ship, means—

(a) a ship in respect of which a certificate is required to be in force in accordance with the Merchant Shipping (Load Lines) Act 1968 (No. 17 of 1968),

(b) a passenger boat that proceeds to sea of Class P3, P4, P5 or P6, in respect of which a passenger boat licence is required to be in force in accordance with the Act of 1992,

(c) a passenger ship of Class I, II, II(A), III or VI in respect of which a passenger ship certificate is required to be in force in accordance with the Act of 1992,

(d) a passenger ship of Class A, B, C or D in respect of which a passenger ship safety certificate is required to be in force in accordance with the Regulations of 2011,

(e) a high-speed passenger craft in respect of which a High Speed Craft Safety Certificate and a Permit to Operate High Speed Craft outside waters of Categories A, B, C or D are required to be in force in accordance with the Regulations of 2011,

(f) a Dynamically Supported Craft (DSC) in respect of which a DSC Construction and Equipment Certificate, and a DSC Permit to Operate High Speed Craft outside waters of Categories A, B, C or D are required to be in force in accordance with the Regulations of 2011, or

(g) any other ship that proceeds to sea beyond the limits of smooth or partially smooth waters;

“ship” means any vessel, whether publicly or privately owned, which is ordinarily engaged in commercial operations, being a vessel other than a fishing vessel, warship or naval auxiliary;

“shipowner”, in relation to a ship, has the meaning assigned to it in the Convention and includes an owner within the meaning of section 2 of the Act of 2010.

Application

3. (1) Subject to paragraph (2), these Regulations apply to seagoing Irish ships wherever they may be.

(2) These Regulations do not apply to seagoing Irish ships of less than 200 gross tonnage not engaged in international voyages.

Provision of financial security

4. (1) A shipowner of a ship to which these Regulations apply shall ensure that before the ship proceeds to sea or, if already at sea, whilst it remains at sea and at any relevant time thereafter, there is in force a contract of insurance or other form of financial security adequate to ensure that the shipowner will be able to meet any liabilities the shipowner may have by or under any enactment (including these Regulations) or a seafarer employment agreement to provide compensation in the event of death or long term disability to seafarers arising from occupational injury, illness or hazard.

(2) A shipowner shall ensure—

(a) that proof, in the form of a certificate or certificates issued by the provider of the insurance or financial security referred to in paragraph (1), is carried on board the ship, and

(b) that such certificate or certificates are displayed in a prominent position on board the ship.

Shipowner duty to make provision for seafarer medical care and other expenses

5. (1) This Regulation 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 agreement commences and ends on the date on which the shipowner’s duty to repatriate that seafarer under Regulation 11 ends, or

(b) first occurs subsequent to that period but is caused by circumstances or events arising during that period referred to in subparagraph (a).

(2) Subject to paragraphs (4), (5) and (7), the shipowner shall meet any medical care expenses reasonably incurred in connection with the seafarer’s sickness or injury.

(3) Medical care expenses referred to in paragraph (2) include—

(a) expenses of medical treatment, essential dental treatment and the supply of necessary medicines and therapeutic appliances, and

(b) expenses for board and lodging.

(4) The duty under paragraph (2) is limited to medical care 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—

(i) on which a registered medical practitioner notifies the seafarer of a decision that the seafarer is not fit to carry out the duties which that seafarer is required to carry out under the terms of his or her agreement and the seafarer is unlikely to be fit to carry out duties of that nature in the future, or

(ii) on which the seafarer has recovered from his or her sickness or injury.

(5) If subparagraph (b)(i) of paragraph (4) applies and a registered medical practitioner subsequently notifies the seafarer that the decision referred to in that subparagraph no longer applies from a date specified in the notification, the duty under paragraph (2) is limited to medical care expenses incurred during the period set out in paragraph (4)(a).

(6) Any medical care expenses incurred by a seafarer to which the duty under paragraph (2) applies may be recovered by the seafarer as a simple contract debt in any court of competent jurisdiction.

(7) Where medical services are provided in the State to a seafarer, the duty of a shipowner under paragraph (2) shall be limited to such amount that the seafarer is required to pay having regard to—

(a) the medical services provided, and

(b) the relevant enactments.

(8) For the purposes of paragraphs (4)(b)(i) and (5), if it is not practicable that the notifications referred to in those provisions be performed by a registered medical practitioner, they may be performed by a medical practitioner duly registered under the law of a country or territory other than the State.

(9) In this Regulation, “relevant enactments” means—

(a) Regulation 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, or

(b) the Health Acts, or

(c) any other enactment relating to the provision of medical services.

Right to seek medical attention

6. When a ship to which these Regulations apply is in a port of call, the shipowner shall permit a seafarer to seek medical attention, where reasonably practicable, without delay.

Shipowner liability for seafarer wages following sickness or injury resulting in incapacity for work

7. (1) Subject to paragraph (6), this Regulation applies in relation to a seafarer who experiences sickness or injury...

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