UK Offence Report

Penalties

regulation 59(1) of The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

1 Subject to paragraphs (2) to (5), offences under these Regulations are punishable on summary conviction by

a fine not exceeding level

5 on the standard scale.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
breaching the provision
Fault element
Strict liability
Burden of proof
Legal burden on the defendant

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision gives a defence the defendant must prove, on the balance of probabilities. A legal burden of that kind can be read down to a merely evidential one under section 3 of the Human Rights Act 1998 where placing it on the defendant would be disproportionate (R v Lambert [2001] UKHL 37; Sheldrake v DPP [2004] UKHL 43).

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

The defence, as drafted

Regulations (other than an offence under regulation 10(5)) it is a defence for the person charged to show that all reasonable steps had been taken by that person to ensure compliance with the provision concerned.

What would breach regulation 59(1)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing what the provision prohibits, or failing to do what it requires under the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£5,000
Standard scale
Level 5
Maximum prison (summary)
Not determined

this is the level 5 value when the instrument came into force (2014-08-07); the standard scale is keyed to the date the offence was committed, and for conduct today the same words mean an unlimited fine.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
9 July 2014
In force from
7 August 2014
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations implement the following provisions relating to seafarers’ working conditions and entitlements: a those parts of the Maritime Labour Convention, 2006 (Cm 7049) (“the MLC”) referred to below and their related mandatory Standards; b the corresponding parts of the Agreement set out in the Annex to Council Directive 2009/13/EC (“the 2009 Directive”) of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006 (O.J. L124, 20.5.2009, p. 30); and c clauses 6 and 11 of the Agreement set out in the Annex to Council Directive 1999/63/EC (“the 1999 Directive”) concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners’ Association (ECSA) and the Federation of Transport Workers’ Unions in the European Union (FST) (O.J. L167, 2.7.1999, p. 33), as amended by Article 2(3) of the 2009 Directive. With some exceptions (including pleasure vessels and fishing vessels) the Regulations apply to sea-going United Kingdom ships, wherever they are, and to sea-going non-United Kingdom ships whilst in United Kingdom waters (regulation 3). Part 2 implements Regulation 1.1 of the MLC (Minimum age). Persons under the age of 16 must not work as seafarers and, with some exceptions, seafarers under the age of 18 must not work on ships at night (regulations 4 and 5). Separate provision is made in respect of non-United Kingdom ships with MLC documentation (regulation 6). Part 3 implements part of Regulation 1.4 of the MLC (Recruitment and placement) and applies to all ships within the scope of the Regulations. When recruiting seafarers, a shipowner must only use a recruitment and placement service which is (a) based in a country which has ratified the MLC or (b) based in another country and compliant with the MLC standards (irrespective of whether it is required to be so under the domestic law of that country). Part 4 implements Regulation 2.1 of the MLC (Seafarers’ employment agreements). Every seafarer is required to have a seafarer employment agreement (a “SEA”) with another person in respect of their work on a ship and the SEA must contain certain specified provisions (regulations9 and 10). Regulations 11 to 14 make related provision. Separate provision is made in respect of non-United Kingdom ships with MLC documentation (regulation 15). Part 5 implements Regulation 2.2 of the MLC (Wages). Provision is made for the payment of interest on wages or other remuneration due to a seafarer which are not paid on time (regulation 16). Seafarers are entitled to receive an account of the wages or other remuneration due to them, at intervals not exceeding one month (and also following the termination of a SEA) (regulation 17). Separate provision is made in relation to non-United Kingdom ships with MLC documentation (regulation 18). Part 6 implements Regulation 2.5 of the MLC (Repatriation). In the cases specified, a shipowner must make provision for the repatriation of a seafarer (regulations 19 to 21) and the shipowner is required to make provision for that seafarer’s relief and maintenance pending repatriation (regulation 22). A seafarer must not be required to pay towards the costs of such repatriation or relief and maintenance, other than in cases of serious misconduct (regulation 23). Regulation 24 makes provision with respect to seafarer property left behind on a ship. Regulation 25 requires that a copy of Part 6 of these Regulations and certain specified guidance is held on board ships and made available to seafarers. Where a shipowner fails to make provision for the repatriation of seafarers, or for their relief and maintenance pending repatriation, the Secretary of State is required to make such provision in the case of United Kingdom ships (and may do so in relation to non-United Kingdom ships) (regulation 27). Separate provision with regard to the repatriation of seafarers is made in respect of non-United Kingdom ships with MLC documentation (regulation 28). Regulation 26, which applies to all ships within the scope of these Regulations, requires a contract of insurance or other security, adequate to ensure that the shipowner will be able to meet any liabilities arising from the duty to repatriate under regulations 19 and 21, to be in place. Part 7 implements Regulation 3.1 of the MLC (Accommodation and recreational facilities). Ships are required to comply with the requirements relating to crew accommodation set out in Merchant Shipping Notice 1844 (M) and there are related inspection requirements (regulation 29). Provision is made to allow the Secretary of State to exempt ships from certain requirements in that Notice and to approve requirements which are substantially equivalent (regulations 31 and 32). Ships which were built before the coming into force of these Regulations (and whose crew accommodation has not been substantially reconstructed or altered after that date) are subject to requirements in earlier legislation (regulation 30). Separate provision is made with respect to non-United Kingdom ships with MLC documentation (regulation 33). Part 8 implements Regulation 3.2 of the MLC (Food and catering). Provision is made in relation to the quantity and quality of food and drinking water provided for seafarers on board a ship and such food and water must be provided free of charge (regulation 34). Provision is made in relation to the storage and handling of food and drinking water provided for seafarers and the organisation and equipment of catering departments on board ships, with related inspection requirements (regulations 35 and 36). Certain ships are required to carry a qualified ship’s cook (regulation 37). Provision is made to allow the Secretary of State to exempt ships from that requirement and to approve requirements which are substantially equivalent (regulation 37). Related provision is made in relation to the issue of certificates of competency as a ship’s cook and the recognition of existing certificates of competency (regulations 38 and 39). Regulation 40 imposes requirements in relation to the training of catering staff and other persons processing food in the galley of a ship. Separate provision is made in relation to food and catering on board non-United Kingdom ships with MLC documentation (regulation 41). Part 9 implements Regulation 4.1 of the MLC (Medical care on board ship and ashore). In specified circumstances, a seafarer who is sick or injured is entitled to medical care on board ship and, for a maximum period of 16 weeks, to certain expenses arising from such sickness or injury (regulation 43). Certain ships are required to carry a medical practitioner (as defined – see regulation 47) (regulation 44). In the circumstances specified, a seafarer is entitled to seek medical attention onshore when the ship is in a port of call (regulation 45). Separate provision is made in respect of non-United Kingdom ships with MLC documentation (regulation 46). Part 10 implements Regulation 4.2 of the MLC (Shipowners’ liability). Other than regulation 49 (which applies to all ships within the scope of the Regulations), Part 10 applies to United Kingdom ships and to non-United Kingdom ships without MLC documentation only. A seafarer who has become unemployed when the ship on which they work founders or is lost is entitled to receive a sum equivalent to the wages which would have been payable during the period specified and to compensation for other injury or loss (regulation 48). A seafarer who suffer sickness or injury in the circumstances specified is entitled to any unpaid wages (as defined – see regulation 53) for a specified period (regulation 50). A seafarer who remains incapable of work after that period is entitled to receive any basic wages (also defined in regulation 53) payable under the SEA for a 16 week period (less the amount of any social security benefits received in respect of that period). Provision is made in respect of property left behind on a ship by such a seafarer (regulation 51). Provision is made in respect of expenses incurred in connection with the burial or cremation of a seafarer who dies on board a ship or whilst on shore leave in a country other than their country of residence (regulation 52). Shipowners are required to ensure that a contract of insurance (or other security) is in force which adequately covers potential liabilities towards seafarers (regulation 49). Part 11 confers powers to allow the inspection and detention of ships where breaches of these Regulations have occurred. Provision is made for the detention of a non-United Kingdom ship with MLC documentation at the request of a foreign State where a shipowner has defaulted in its duty to repatriate a seafarer (regulation 57). Criminal penalties are attached to many of the requirements in the Regulations. Part 12 specifies the mode of trial and the maximum penalty level applicable to each offence (regulation 59) and provides a “reasonable steps” defence for all offences (except an offence under regulation 10(5)) (regulation 60). Part 13 contains a provision requiring the Secretary of State to review the Regulations and to publish a report of that review within five years of their coming into force (and within every five years after that). Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the relevant provisions or to amend them. Merchant Shipping Notices and Marine Guidance Notes are published by the Maritime and Coastguard Agency. Copies may be downloaded from the MCA’s website https://www.gov.uk/government/organisations/maritime-and-coastguard-agencyor by e-subscription frommnotices@ecgroup.co.uk with ‘Subscribe’ in the subject heading, or obtained from M-Notices Subscriptions, PO Box 362, Europa Park, Grays Essex RM17 9AY, tel 01375 484548, fax 01375 484556. The MLC may be downloaded from the website of the International Labour Organisation (“ILO”) at www.ilo.org/global/standards/maritime-labour-convention/lang--en/index.htm. Copies of the MLC may be obtained from www.tsoshop.co.uk, by e-mail from customer.services@tso.co.uk or by post from TSO, P.O. Box 29, Norwich, NR3 IGN, tel: +44 (0)870 600 5522/fax: +44 (0)870 600 5533, as a priced publication. Copies of the STCW Convention may be obtained via the website of the International Maritime Organization (“IMO”) at www.imo.org/Publications, by e-mail from sales@imo.org or by post from the IMO, 4 Albert Embankment, London SE1 7SR, tel: + 44 (0)20 7735 7611/fax: + 44 (0)20 7587 3241 as a priced publication. Nine full impact assessments of the effect that this instrument will have on the costs of business and the voluntary sector are published with the Explanatory Memorandum alongside this instrument on www.legislation.gov.uk.

Read the full note and every offence in this instrument

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.60.

Basis
the provision says the conduct is “punishable”
Confidence
0.60 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source