The Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004

UK Statutory Instrument 2004 No. 1713 — creates 2 criminal offences.

2offences created

0recorded in force

0revoked

Made: 5 July 2004
In force from: 16 August 2004
Extent: Not stated
Subject: Corporate, financial services, company law, employment, charity, electoral and tax
Made under: European Communities Act 1972, Merchant Shipping Act 1995

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 implement Council Directive 2000/34/EC of the European Parliament and of the Council (OJ No. L 195, 1.8.2000, p.41) in so far as that Directive applies to workers on sea-going fishing vessels. Council Directive 2000/34/EC amends Directive 93/104/EC concerning aspects of the organisation of working time (OJ No. L 307, 13.12.1993, p.18). The Regulations are made under the powers contained in the Merchant Shipping Act 1995 except in respect of regulation 19 and the amendments in the Second Schedule, where the power is provided by section 2(2) of the European Communities Act 1972. Subject to the exceptions in Part 3 of the Regulations, a worker to whom the Regulations apply should not work more than 48 hours a week, averaged over a reference period of 52 weeks, and the worker’s employer should take all reasonable steps to ensure that the limit is complied with (regulation 6). A worker is entitled to adequate rest (regulation 7) and the total number of hours comprised in rest periods is not to be less than 10 hours in each day and 77 hours for each seven day period. Regulation 8 is concerned with health assessments where a worker is a “night worker” within the meaning in the Regulations. The limits of “night work” are either prescribed by the Regulations, or may be determined by a relevant agreement, such as a workforce agreement complying with the requirements of Schedule 1. Companies may be required to provide information on their night workers to the Maritime and Coastguard Agency. An employer must keep records of the hours worked by workers employed by him (regulation 10). Regulation 11 provides for a worker’s entitlement to paid annual leave. Regulation 19 makes provision in respect of complaints to an employment tribunal. Regulation 21 prevents contracting out of the provisions of the Regulations (subject to exceptions). Regulation 22 and the Second Schedule contain amendments to primary and secondary legislation. A Regulatory Impact Assessment has been produced and a copy placed in the library of both Houses of Parliament. Copies may be obtained from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone number 023 80329 100). A transposition note has been prepared and copies may be obtained from the Seafarer Health and Safety Branch of the Maritime and Coastguard Agency (at the address given above). Merchant Shipping Notices are published by the Maritime and Coastguard Agency. Copies may be obtained from Mail Marketing (Scotland), Bloomsgrove Industrial Estate, Norton Street, Nottingham NG7 3JG (telephone number 0115 9013336; fax 0115 9013334; e-mail mca@promo-solution.com).

Offences created by this instrument

Subject to regulation 14, an employer who fails to comply with regulation 6(2), 8(1), 8(4) or 9 shall be guilty of an… regulation 18(1) · Status not determined · Strict liability
An employer who fails to comply with regulation 10 or 15 shall be guilty of an offence, punishable on summary… regulation 18(2) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Employment Rights Bill (Seventeenth sitting) Commons · Public Bill Committees · 9 January 2025 · Justin Madders
The working time regulations have had a relatively long history in our legal framework. They provide vital rights: a maximum working week of 48 hours, rest breaks of 20 minutes every six hours, rest periods of 11 hours each day and at least 24 hours each week, and 28 days of annual leave each year. The regulations implement the EU working time directive; the then Government deliberately designed them to provide maximum flexibility for both employers and workers. For example, workers can choose to opt out in writing from the 48-hour week maximum. We believe that the regulations have benefited…
Employment Rights Bill (Twenty First sitting) Commons · Public Bill Committees · 16 January 2025 · Chris Law
I appreciate the comments that have been made in this short debate. Just to be clear, the new clause is about issues that are not currently protected under the Modern Slavery Act 2015 and are often under-reported. I welcome the Minister’s comments about the fair work agency and the recent Low Pay Commission report, but I must ask about the timeframe. My suggestion—I will try to work with him on this—is that the timeframe be six months beyond the passing of the Bill, so that we can get decisions made. Perhaps the Secretary of State could let us know what kind of timeframe we are talking…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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