UK Offence Report

The Merchant Shipping (Repatriation) Regulations 1979

UK Statutory Instrument 1979 No. 97 — creates 13 criminal offences.

13offences created
0recorded in force
0revoked
Made
2 February 1979
In force from
1 March 1979
Extent
Not stated
Subject
Transport: maritime, aviation, rail and harbours

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations revoke the Merchant Shipping (Repatriation) Regulations 1972. Those 1972 Regulations are re-enacted, with minor drafting amendments, except in two respects:— provisions relating to the return and relief of seamen left behind or shipwrecked; and provisions relating to wages and accounts of such seamen. The Regulations require the employer to return a seaman (if he has not been absent without cause for more than three months) who is unable to inform his employer of his desire to return, as soon as the employer, the employer's agent, a superintendent or a proper officer obtains the seaman's confirmation that he wishes to be returned by his employer (regulation 3(2)(c)); the employer's obligation will cease (additionally) when he is informed in writing by the seaman that he does not wish to be returned by him (regulation 3(3)(c)). The employer is obliged to make provision for the seaman's relief and maintenance (except in the case of a seaman absent without cause for more than three months). Relief and maintenance now includes reasonable legal costs for the defence of the seaman in certain criminal proceedings (regulation 3(5)(d)). In regulation 10 the conveyance rate is increased to £2 per day. The requirements relating to the payment of wages and accounts of seamen left behind or shipwrecked have been simplified. Regulation 11 now deals with these matters in respect of seamen who had been employed in a ship and regulation 12 in respect of seamen who had been employed in a fishing vessel. Under regulations 11 and 12, in general, the wages have to be paid in full at the time when a seaman is discharged from his ship or fishing vessel and, when he is not so discharged, within 28 days. It is now prescribed in regulation 2 (formerly in regulations 14(1)(b) and 15(1)(b)) that regulations 11 to 14 apply also to seamen who leave their ship in the United Kingdom, otherwise than on being discharged therefrom. The offences remain unchanged, but have been inserted at the end of each regulation to which they relate.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

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