The Merchant Shipping (Seamen's Wages and Accounts) (Amendment) Regulations 1978 No. 1757


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Statutory Instruments

1978 No. 1757

MERCHANT SHIPPING

MASTERS AND SEAMEN

The Merchant Shipping (Seamen'S Wages and Accounts) (Amendment) Regulations 1978

Made

4th December 1978

Laid before Parliament

5th December 1978

Coming into Operation

1st January 1979

The Secretary of State, after consulting with the organisations referred to in section 99(2) of the Merchant Shipping Act 1970, in exercise of powers conferred by section 9 of that Act and now vested in him(1), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

1. These Regulations may be cited as the Merchant Shipping (Seamen's Wages and Accounts) (Amendment) Regulations 1978 and shall come into operation on 1st January 1979.

2. The Merchant Shipping (Seamen's Wages and Accounts) Regulations 1972 shall be amended as follows:-

(1) In Regulation 1(2) there shall be inserted, in the appropriate alphabetical order:

""Code of Conduct" means the National Maritime Board publication entitled "Code of Conduct for the Merchant Navy" published in 1978 by the Board."

(2) At the end of Regulation 5 there shall be added the following sub-paragraph:

"(e)subject to regulation 8, in cases where a seaman employed under a crew agreement, approved by the Secretary of State, to which the National Maritime Board agreement on disciplinary procedures applies and which, requires him to comply with the Code of Conduct, has been dismissed from the ship because he has committed one of the breaches of the Code specified in paragraph 9 thereof, a contribution by the seaman to his repatriation expenses, incurred by the employer, of an amount provided for in the crew agreement."

(3) In Regulation 8(1) for "regulation 5(c) or (d)" there shall be substituted "regulation 5(c), (d) or (e)";".

Stanley Clinton Davis

Parliamentary Under-Secretary of State

Department of Trade

4th December 1978

EXPLANATORY NOTE

These Regulations amend the Merchant Shipping (Seamen's Wages and Accounts) Regulations 1972 by authorising a deduction from the wages of a seaman (who is employed under a crew agreement, approved by the Secretary of State, to which the National Maritime Board agreement on disciplinary procedures applies) who has committed one of the acts of misconduct set out in paragraph 9 of a National Maritime Board publication entitled "Code of Conduct for the Merchant Navy" published in 1978 by the Board and obtainable from its office at 17/18 Bury Street, London E.C.3. The deduction is a contribution, of an amount provided for in the crew agreement, towards the seaman's repatriation expenses incurred by his employer. The seaman's employer, or the master on his behalf, must give the seaman a notice of deduction in respect of this contribution.

Consequential amendments are being made by the following Regulations which will come into operation at the same time as these Regulations: the Merchant Shipping (Official Log Books) (Amendment) Regulations 1978 (S.I. 1978/1755); the Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) (Amendment) Regulations 1978 (S.I. 1978/1756); the Merchant Shipping (Seaman's Documents) (Amendment No. 3) Regulations 1978 (S.I. 1978/1758); and the Merchant Shipping (Disciplinary Offences) (Amendment) Regulations 1978 (S.I. 1978/1754).

(1)

S.I. 1970/1537.


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URL: http://www.bailii.org/uk/legis/num_reg/1978/uksi_19781757_en.html