Statutory Instruments
2014 No. 308
Merchant Shipping
The Merchant Shipping (Maritime Labour Convention) (Hours of Work) (Amendment) Regulations 2014
Made
13th February 2014
Laid before Parliament
19th February 2014
Coming into force
17th March 2014
M1,M2 The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the safety of ships and the health and safety of persons on them .
M3 The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 85(1)(a) and (b), (3), (5) and (7) and 86(1) of the Merchant Shipping Act 1995 and section 2(2) of the European Communities Act 1972.
In accordance with section 86(4) of the Merchant Shipping Act 1995 the Secretary of State has consulted the persons referred to in that section.
F1 Citation and commencement
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Merchant Shipping (Hours of Work) Regulations 2002
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendments to legislation
3. The Schedule (amendments to legislation) has effect.
Signed by authority of the Secretary of State for Transport
Stephen Hammond
Parliamentary Under Secretary of State
Department for Transport
Regulation 3
SCHEDULE AMENDMENTS TO LEGISLATION
M4 1. —(1)The Employment Tribunals Act 1996 is amended as follows.
(2) In section 18(1) (cases where conciliation provisions apply)—
(a) omit the “or” at the end of paragraph (w) ;
(b) at the end of paragraph (x) insert “ , or ” ;
(c) after paragraph (x) insert—
“ (y) under regulation 22 of the Merchant Shipping (Hours of Work) Regulations 2002. ” .
(3) In section 21(1) (jurisdiction of the Appeal Tribunal)—
(a) omit the “or” at the end of paragraph (x) ;
(b) at the end of paragraph (y) insert “ , or ” ;
(c) after paragraph (y) insert—
“ (z) the Merchant Shipping (Hours of Work) Regulations 2002. ” .
M5 2. —(1)The Employment Rights Act 1996 is amended as follows.
(2) In section 45A(5) (right not to suffer detriment: working time cases) after paragraph (c) insert—
“ (d) the Merchant Shipping (Hours of Work) Regulations 2002. ” .
(3) In section 101A(2) (fairness in dismissal: working time cases) after paragraph (c) insert—
“ (d) the Merchant Shipping (Hours of Work) Regulations 2002. ” .
(4) In section 104(4) (fairness in dismissal: assertion of statutory right), in paragraph (d), after “the Working Time Regulations 1998,” insert “ the Merchant Shipping (Hours of Work) Regulations 2002, ” .
M6 3. —(1)The Employment Rights (Northern Ireland) Order 1996 is amended as follows.
(2) In Article 68A(5) (rights not to suffer detriment: working time cases)—
(a) omit the “and” at the end of sub-paragraph (b);
(b) at the end of sub-paragraph (c) insert “ ; and ” ;
(c) after sub-paragraph (c) insert—
“ (d) the Merchant Shipping (Hours of Work) Regulations 2002. ” .
(3) In Article 132A(2) (right not to be unfairly dismissed: working time cases)—
(a) omit the “and” at the end of sub-paragraph (b);
(b) at the end of sub-paragraph (c) insert “ ; and ” ;
(c) after sub-paragraph (c) insert—
“ (d) the Merchant Shipping (Hours of Work) Regulations 2002. ” .
(4) In Article 135(4) (right not to be unfairly dismissed: assertion of statutory right), in sub-paragraph (d), after “the Working Time Regulations (Northern Ireland) 1998,” insert “ the Merchant Shipping (Hours of Work) Regulations 2002, ” .
M7 4. —(1)The Industrial Tribunals (Northern Ireland) Order 1996 is amended as follows.
(2) In Article 20(1) (cases where conciliation provisions apply)—
(a) omit the “or” at the end of sub-paragraph (s);
(b) at the end of sub-paragraph (t) insert “ , or ” ;
(c) after sub-paragraph (t) insert—
“ (u) under regulation 21 of the Merchant Shipping (Hours of Work) Regulations 2002. ”
M8 5. —(1)The Working Time Regulations 1998 are amended as follows.
(2) In regulation 18(1) (excluded sectors) for sub-paragraph (a) substitute—
“ (a) to workers to whom the Merchant Shipping (Hours of Work) Regulations 2002 apply. ” .
M9 6. —(1) The Working Time Regulations (Northern Ireland) 1998 are amended as follows.
(2) In regulation 18(1) (excluded sectors) for sub-paragraph (a) substitute—
“ (a) to workers to whom the Merchant Shipping (Hours of Work) Regulations 2002 apply. ” .