Statutory Instruments
2019 No. 716
Merchant Shipping
The Merchant Shipping (Maritime Labour Convention) (Extension of Maritime Labour Certificate) (Amendment) Regulations 2019
Made
at 11.10 a.m. on 28th March 2019
Laid before Parliament
at 1.30 p.m. on 28th March 2019
Coming into force
23rd April 2019
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972( 1 ) in relation to measures relating to the safety of ships and the health and safety of persons on them( 2 ) and in relation to measures relating to maritime transport( 3 ).
The Secretary of State, in exercise of the powers conferred by section 2(2) of that Act( 4 ) and sections 85(1) and 86(1) of the Merchant Shipping Act 1995( 5 ), makes the following Regulations.
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.
Citation, commencement and application
1. —(1) These Regulations may be cited as the Merchant Shipping (Maritime Labour Convention) (Extension of Maritime Labour Certificate) (Amendment) Regulations 2019 and come into force on 23rd April 2019.
(2) These Regulations do not apply in relation to renewal surveys required by regulation 5(1)(b) of the Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013( 6 ) which are completed before the coming into force of these Regulations.
Amendment of the Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013
2. —(1)The Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013 are amended as follows.
(2) In regulation 2 (interpretation), in the definition of “anniversary date”, for “date of expiry” substitute “original date of expiry”;
(3) In regulation 10 (duration and validity of maritime labour certificates)—
(a) in paragraph (1) for “paragraph (2)” substitute “paragraphs (2) and (2B)”;
(b) in paragraph (2), before “date” insert “original”;
(c) after paragraph (2) insert—
“ (2A) This paragraph applies where a renewal survey as required by regulation 5(1)(b) has been completed but a new Maritime Labour Certificate cannot, on the date of completion of the survey—
(a) be issued; or
(b) made available on board the ship.
(2B) Where paragraph (2A) applies, the certifying authority may extend the period of validity of the existing Maritime Labour Certificate by a period not exceeding 5 months.
(2C) Where a certifying authority extends the period of validity of a Maritime Labour Certificate under paragraph (2B), it must—
(a) issue the new Maritime Labour Certificate as being valid from the original date of expiry of the existing certificate; and
(b) endorse the existing certificate accordingly.
(2D) “Original date of expiry”, in relation to a Maritime Labour Certificate, means the final day of the period of validity of the certificate, excluding any extension to that period added under paragraph (2B). ” .
Signed by authority of the Secretary of State for Transport
Nusrat Ghani
Parliamentary Under Secretary of State
Department for Transport
At 11.10 a.m. on 28th March 2019
S.I. 1993/595 , to which there are amendments not relevant to these Regulations.
S.I. 1994/757 , to which there are amendments not relevant to these Regulations.
Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c.51) and by section 3 of, and Part I of the Schedule to, the European Union (Amendment) Act 2008 (c.7) . The Maritime Labour Convention is regarded as one of the “EU Treaties” within the meaning of section 1(2) of the European Communities Act 1972 by virtue of the European Communities (Definition of Treaties) (Maritime Labour Convention) Order 2009 ( S.I. 2009/1757 ).
1995 c.21 . Sections 85 and 86 were amended by section 8 of the Merchant Shipping and Maritime Security Act 1997 (c.28) and section 2 of the British Overseas Territories Act 2002 (c. 8) . Those sections are applied to hovercraft by article 4 of the Hovercraft (Application of Enactments) Order 1989 ( S.I. 1989/1350 ) (sections 85 and 86 re-enact sections 21 and 22 of the Merchant Shipping Act 1979 (c.39) , to which that article refers). There are other amendments not relevant to these Regulations.