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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Merchant Shipping (Medical Examination) Regulations 2002 URL: http://www.bailii.org/uk/legis/num_reg/2002/20022055.html |
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| Made | 4th August 2002 | ||
| Laid before Parliament | 6th August 2002 | ||
| Coming into force | 1st September 2002 |
Interpretation etc
2.
- (1) In these Regulations:
and is on a voyage or excursion which is one for which the owner is not paid for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion; or
(b) any vessel which is wholly owned by or on behalf of a members' club formed for the purpose of sport or pleasure which, at the time it is being used, is used for the sport or pleasure of members of that club or their immediate family; and for the use of which any charges levied are paid into club funds and applied for the general use of the club,
and no payments other than those mentioned above are made by or on behalf of users of the vessel, other than by the owner, and in this definition "immediate family" means in relation to an individual, the husband or wife of the individual, and a relative of the individual or the individual's husband or wife, and a brother, sister, ancestor or lineal descendant of that individual or that individual's husband or wife;
and is operating under one of the following codes -
(2) Any approval in pursuance of these Regulations shall be given in writing and specify the date on which it takes effect and the conditions (if any) on which it is given.
Application
3.
- (1) Subject to paragraph (2) -
(2) These Regulations shall not apply to fishing vessels, pleasure vessels, and offshore installations whilst on their working stations.
(3) These Regulations shall not apply to any person who is subject to any requirement contained in the Working Time Regulations 1998[10].
Employment of seafarers
4.
- (1) Subject to paragraph (2), no person shall employ a seafarer in a ship to which these Regulations apply unless that seafarer is the holder of a valid medical fitness certificate.
(2) A seafarer, the validity of whose certificate expires while he is in a location where medical examination in accordance with these Regulations is impracticable, may continue to be employed without such a certificate for a period not exceeding three months from the date of expiry of such medical certificate.
(3) No person shall employ a seafarer in a ship to which these Regulations apply in a capacity or in a geographical area precluded by any restriction in that seafarer's medical fitness certificate.
Certificates equivalent to a medical fitness certificate - existing certificates
5.
- (1) Any certificate of medical fitness issued to a seafarer by an approved medical practitioner in respect of a medical examination conducted before the date on which these Regulations come into force shall be deemed for the purposes of these Regulations to be equivalent to a medical fitness certificate issued under regulation 7.
(2) Notwithstanding the appropriate maximum period (according to the age of the applicant prescribed in regulation 8), any such certificate issued by any such practitioner shall remain valid from the date of the medical examination for such period as may be specified in the certificate.
Certificates equivalent to a medical fitness certificate - non-United Kingdom certificates
6.
- (1) Any certificate of medical fitness issued to a seafarer by an approved authority empowered in that behalf by the laws of a country or territory outside the United Kingdom as may be specified by the Secretary of State in Merchant Shipping Notice No. MSN 1765(M) shall be deemed for the purposes of these Regulations to be equivalent to a medical fitness certificate issued under regulation 7.
(2) Notwithstanding the appropriate maximum period (according to the age of the applicant prescribed in regulation 8), any such certificate issued by any such authority shall remain in force, unless renewed, only until expiration of the period of validity specified in that certificate.
Issue of medical fitness certificate
7.
- (1) Every application for a medical fitness certificate shall, on payment of the fee prescribed in Regulations made under section 302 of the Act, be considered by an approved medical practitioner.
(2) If after examination of the applicant the practitioner considers that the applicant is fit, having regard to the medical standards specified by the Secretary of State in Merchant Shipping Notice No. MSN 1765(M), he shall issue the applicant with a medical fitness certificate in an approved form.
(3) The certificate may be restricted to such capacity of sea service or geographical areas as the practitioner considers appropriate.
(4) The person by whom a seafarer is employed at the time an application is made for a medical fitness certificate under paragraph (1) shall ensure that the application is at no cost to the seafarer to whom it relates.
Period of validity of certificate
8.
An approved medical practitioner who issues a medical fitness certificate under regulation 7 shall specify the period of validity, from the date of the medical examination, for which the certificate is to remain in force, subject to the following maximum periods:
Suspension and cancellation of certificate
9.
- (1) If an approved medical practitioner has reasonable grounds for believing that:
he may:
and shall notify the seafarer concerned accordingly.
(2) The approved medical practitioner may require that a medical fitness certificate which has been suspended or cancelled pursuant to paragraph (1) above be surrendered as he directs.
Application for a review
10.
- (1) A person who is aggrieved by:
may apply to the Secretary of State for the matter to be reviewed by a single medical referee appointed by the Secretary of State.
(2) Any such application shall:
(3) The Secretary of State shall notify the medical referee appointed by him to review the matter of the date on which any such application is lodged.
(4) The medical referee appointed by the Secretary of State to review the matter shall obtain a report from the approved medical practitioner by whom the applicant was examined or by whom the certificate was suspended or cancelled and shall examine the medical condition of the applicant. Subject to paragraph (5), the medical referee shall, if the applicant so requests, disclose to the applicant the report of the approved medical practitioner and any other evidence not produced by the applicant himself.
(5) If the medical referee considers that such disclosure would be harmful to the applicant's health the referee shall not be required to make such disclosure.
(6) The medical referee shall have regard to any relevant medical evidence, whether produced by the applicant, his employer, or otherwise, and whether or not disclosed to the applicant.
(7) In the light of the medical evidence before him, the medical referee shall, if he considers that the applicant is fit to go to sea, having regard to the medical standards referred to in regulation 7, issue the applicant with a medical fitness certificate in the approved form.
(8) Where the medical referee considers that restrictions as to capacity or geographical area other than those imposed on the medical fitness certificate issued to the applicant should be imposed, or that any restrictions so imposed should be deleted or varied, he shall issue to the applicant a revised medical fitness certificate and the former certificate shall thereupon cease to have effect.
(9) In the light of the medical evidence before him, if the medical referee considers that the applicant is unfit to go to sea, he shall notify the applicant of the period he considers the applicant will remain unfit to go to sea.
(10) Any such action by the medical referee under paragraphs (7) to (9) shall be taken not later than two months from the date on which the application for review is lodged with the Secretary of State or within such longer period as the Secretary of State may determine.
Health assessment and transfer of seafarers on watchkeeping duties to day work
11.
- (1) Where -
the person by whom the seafarer is employed shall transfer the seafarer accordingly.
(2) In this regulation, "night" means a period -
Records and returns
12.
An approved medical practitioner who conducts a medical examination in accordance with these Regulations shall:
Inspection and detention of a United Kingdom ship
13.
- (1) A relevant inspector may inspect any United Kingdom ship to which these Regulations apply and may detain the ship if he is satisfied that any seafarer, in relation to whom a person is required by regulation 4 of these Regulations to ensure that the seafarer is the holder of a medical fitness certificate, is unable to produce a certificate which meets the requirements of that regulation.
(2) The relevant inspector shall not in the exercise of his power under this regulation detain or delay the ship unreasonably.
Inspection, detention and other measures in respect of ships other than United Kingdom ships
14.
- (1) A relevant inspector may inspect any ship, which is not a United Kingdom ship, to which these Regulations apply when the ship is in a United Kingdom port, and if he is satisfied that any seafarer is unable to produce a valid medical fitness certificate he may -
when the ship has called at a United Kingdom port in the normal course of business or for operational reasons.
(2) If either of the measures specified in paragraph (1)(b) is taken, the relevant inspector shall forthwith notify the nearest maritime, consular or diplomatic representative of the State whose flag the ship is entitled to fly.
(3) The relevant inspector shall not in the exercise of his power under this regulation detain or delay the ship unreasonably.
Enforcement of detention
15.
Where a ship is liable to be detained under these Regulations, section 284[11] of the Act (which relates to the detention of a ship) shall have effect as if for the words "this Act", wherever they appear, there were substituted the words "the Merchant Shipping (Medical Examination) Regulations 2002".
Compensation
16.
Sections 96 and 97 of the Act (arbitration and compensation) shall have effect in relation to a detention notice under these Regulations as they apply to a detention notice under section 95(3) of the Act subject to the following modifications -
Penalties
17.
- (1) Any contravention of regulation 4 shall be an offence punishable on summary conviction by a fine of an amount not exceeding level 5 on the standard scale.
(2) A failure to comply with the requirements of regulation 7(4) or regulation 11 shall be an offence punishable on summary conviction by a fine of an amount not exceeding level 2 on the standard scale.
(3) If a seafarer fails without reasonable excuse to comply with a requirement made under regulation 9(2) he shall be liable on summary conviction to a fine of an amount not exceeding level 2 on the standard scale.
(4) In any proceedings for an offence under these Regulations it shall be a defence for the defendant to show that all reasonable steps had been taken by him to ensure compliance with the Regulations.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under-Secretary of State, Department for Transport
4th August 2002
Regulation 12 provides for the keeping of records and the making of returns by medical practitioners.
Regulations 13 to 17 provide for inspection, detention, compensation and penalties.
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 8032 9380).
Merchant Shipping Notices are published by the Maritime and Coastguard Agency. Copies may be obtained from Mail Marketing (Scotland), Unit 6, Bloomsgrove Industrial Estate, Norton Street, Nottingham NG7 3JG (telephone: 0115 901 3336; fax: 0115 901 3334; e-mail address: [email protected]).
The Codes of Practice are published by, and copies may be obtained from, The Stationery Office.
International Labour Organization Conventions are published by the International Labour Office and copies may be obtained from ILO Publications, International Labour Office, CH-211 Geneva 22, Switzerland.
A Transposition Note has been prepared and copies may be obtained from the Seafarer Health and Safety Branch of the Maritime and Coastguard Agency.
[5] Published by The Stationery Office in 1993 (ISBN 0-11-551184-9).back
[6] Published by The Stationery Office in 1997 (ISBN 0-11-551911-4).back
[7] Published by The Stationery Office in 1993 (ISBN 0-11-551185-7).back
[8] Published by The Stationery Office in 2000 (ISBN 0-11-551812-6).back
[10] S.I. 1998/1833, amended by S.I. 1999/3242, 1999/3372 and 2001/3256.back
[11] Section 284 was amended by the Merchant Shipping and Maritime Security Act 1997, Schedule I, paragraph 5.back
