Schedule 5 | Seafarers’ wages and working conditions

(1)The Seafarers’ Wages Act 2023 (“the Act”) is amended in accordance with paragraphs 2 to 23.

(2)For the italic heading before section 1 substitute— .

(3)In section 1 (services to which this Act applies)—

(a)for the heading substitute “Relevant services”;

(b)in subsection (1), for “This Act applies to” substitute “In this Act, “relevant service” means”;

(c)in subsection (2), for “this Act does not apply to” substitute ““relevant service” does not include”;

(d)for subsection (4) substitute—

(4)In this Act, “ship”—

(a)includes—

(i)any kind of vessel used in navigation, and

(ii)hovercraft;

(b)includes a ship which is registered in a State other than the United Kingdom.

(4)After section 1 insert— .

(5)In section 2 (non-qualifying seafarers), in paragraph (a), for “service to which this Act applies” substitute “relevant service”.

(6)For the italic heading before section 3 substitute— .

(7)In section 3 (request for declaration)—

(a)in the heading, after “for” insert “equivalence”;

(b)in subsection (1)—

(i)for “Act applies” substitute “Chapter applies (see subsection (4A))”;

(ii)at the end insert “(see section 19 for the meaning of “relevant year”)”;

(c)after subsection (4) insert—

(4A)This Chapter applies to a relevant service, subject to provision made by remuneration regulations in reliance on section 4A(6).

;

(d)omit subsections (5) and (6).

(8)In section 4 (nature of declaration)—

(a)in the heading, after “of” insert “equivalence”;

(b)after subsection (5) insert—

(5A)For the meaning of “UK work”, see section 19.

(5B)For the meaning of “national minimum wage equivalent”, see section 4D(1).

;

(c)omit subsections (6) to (10).

(9)After section 4 insert—

4ARemuneration regulations

(1)Regulations may specify requirements relating to the remuneration of non-qualifying seafarers in respect of their work carried out in relation to the provision of a relevant service (whether or not in the territorial waters of the United Kingdom).

(2)In this Act, regulations under subsection (1) are referred to as “remuneration regulations”.

(3)Remuneration regulations may relate to remuneration in respect of only some of the work carried out in relation to the provision of a relevant service, and may frame such provision by reference to the waters in which the work is carried out or in any other way.

(4)Remuneration regulations may apply to—

(a)all relevant services, or

(b)one or more relevant services of a specified description.

(5)For the purposes of subsection (4)(b), a service may be described by reference to (among other things) the route operated by the service.

(6)Remuneration regulations may provide that Chapter 2 does not apply to any extent to a relevant service to which the regulations apply.

4BRequest for remuneration declaration

(1)Subsection (2) applies where a harbour authority has reasonable grounds to believe that ships providing a service to which remuneration regulations apply will enter, or have entered, its harbour on at least—

(a)120 occasions, or

(b)if remuneration regulations specify a higher number in relation to services of a specified description and the service is of that description, that higher number of occasions,

during a relevant year (see section 19 for the meaning of “relevant year”).

(2)The harbour authority must, within such period as is determined by regulations under this subsection, request that the operator of the service provide the authority with a remuneration declaration in respect of the service for the relevant year.

(3)The duty under subsection (2) is subject to any direction given by the Secretary of State under section 16(1)(a).

(4)A harbour authority which fails to comply with subsection (2) is guilty of an offence and liable on summary conviction—

(a)in England and Wales, to a fine, or

(b)in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.

4CNature of remuneration declaration

(1)A remuneration declaration in respect of a service for a relevant year is a declaration within any of subsections (2) to (5).

(2)A declaration is within this subsection if it is provided before the beginning of the relevant year and it is to the effect that—

(a)in the relevant year there will be no non-qualifying seafarers working on ships providing the service, or

(b)in the relevant year non-qualifying seafarers working on ships providing the service will be remunerated in respect of their work in relation to the service in accordance with the remuneration regulations that apply in relation to them.

(3)A declaration is within this subsection if it is provided during the relevant year and it is to the effect that—

(a)in what remains of the relevant year there will be no non-qualifying seafarers working on ships providing the service, or

(b)in what remains of the relevant year non-qualifying seafarers working on ships providing the service will be remunerated in respect of their work in relation to the service in accordance with the remuneration regulations that apply in relation to them.

(4)A declaration is within this subsection if it is provided during the relevant year and it is to the effect that—

(a)in so much of the relevant year as has already occurred—

(i)there have been no non-qualifying seafarers working on ships providing the service, or

(ii)non-qualifying seafarers working on ships providing the service have been remunerated in respect of their work in relation to the service in accordance with the remuneration regulations that apply in relation to them, and

(b)in what remains of the relevant year—

(i)there will be no non-qualifying seafarers working on ships providing the service, or

(ii)non-qualifying seafarers working on ships providing the service will be remunerated in respect of their work in relation to the service in accordance with the remuneration regulations that apply in relation to them.

(5)A declaration is within this subsection if it is provided after the end of the relevant year and it is to the effect that—

(a)in the relevant year there were no non-qualifying seafarers working on ships providing the service, or

(b)in the relevant year non-qualifying seafarers working on ships providing the service were remunerated in respect of their work in relation to the service in accordance with the remuneration regulations that apply in relation to them.

4DRegulations about national minimum wage equivalent etc

(1)For the purposes of this Part, the national minimum wage equivalent is an hourly rate specified in regulations.

(2)Regulations may make provision for determining for the purposes of this Part—

(a)the hourly rate at which a non-qualifying seafarer is remunerated in any period in respect of any work, and

(b)whether, or the extent to which, a non-qualifying seafarer’s work in relation to a relevant service is UK work.

(3)Regulations under subsection (2)(a) may in particular make—

(a)any provision referred to in section 2(2) to (6) of the National Minimum Wage Act 1998;

(b)provision relating to currency conversion.

(4)Subsection (5) applies for the purposes of—

(a)section 4, and

(b)remuneration regulations that are framed by reference to the national minimum wage equivalent.

(5)The Secretary of State must in making regulations under this section seek to secure that a non-qualifying seafarer is remunerated at a rate equal to the national minimum wage equivalent only if their remuneration is in all the circumstances broadly equivalent to the remuneration they would receive if they qualified for the national minimum wage.

(10)After section 4D (inserted by paragraph 9 of this Schedule) insert—

4ESafe working regulations

(1)In this Part, “seafarer” means a person who works on a ship providing a relevant service.

(2)Regulations may specify conditions relating to the working pattern and rest requirements of seafarers who carry out work relating to the provision of a relevant service, including conditions about—

(a)their maximum periods of work in a specified period;

(b)their minimum periods of rest in a specified period.

(3)Regulations may make provision for the purpose of managing and mitigating risks arising from fatigue suffered by seafarers when carrying out their work relating to the provision of a relevant service.

(4)Regulations under subsection (3) may, among other things—

(a)require the operator of a relevant service to produce a plan to manage and mitigate risks arising from fatigue suffered by seafarers when carrying out their work relating to the provision of the service (a “fatigue management plan”);

(b)make provision about the contents of such a plan by reference to a specified document as amended from time to time.

(5)Regulations may make provision for and in connection with the training of seafarers who carry out work relating to the provision of a relevant service, for the purpose of ensuring—

(a)the safety of the ship on which they work,

(b)the safety of things on the ship, or

(c)the health or safety of persons on the ship.

(6)In this Act, regulations under subsection (2), (3) or (5) are referred to as “safe working regulations”.

(7)Safe working regulations may impose requirements on the operator of a relevant service.

(8)Safe working regulations may apply to—

(a)all relevant services, or

(b)one or more relevant services of a specified description.

(9)For the purposes of subsection (8)(b), a service may be described by reference to (among other things) the route operated by the service.

4FRequest for safe working declaration

(1)Subsection (2) applies where a harbour authority has reasonable grounds to believe that ships providing a service to which safe working regulations apply will enter, or have entered, its harbour on at least—

(a)120 occasions, or

(b)if safe working regulations specify a higher number in relation to services of a specified description and the service is of that description, that higher number of occasions,

during a relevant year (see section 19 for the meaning of “relevant year”).

(2)The harbour authority must, within such period as is determined by regulations under this subsection, request that the operator of the service provide the authority with a safe working declaration in respect of the service for the relevant year.

(3)The duty under subsection (2) is subject to any direction given by the Secretary of State under section 16(1)(a).

(4)A harbour authority which fails to comply with subsection (2) is guilty of an offence and liable on summary conviction—

(a)in England and Wales, to a fine, or

(b)in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.

4GNature of safe working declaration

(1)A safe working declaration in respect of a service for a relevant year is a declaration within any of subsections (2) to (5).

(2)A declaration is within this subsection if it is provided before the beginning of the relevant year and it is to the effect that the safe working conditions will be met in relation to the service in the relevant year.

(3)A declaration is within this subsection if it is provided during the relevant year and it is to the effect that the safe working conditions will be met in relation to the service in what remains of the relevant year.

(4)A declaration is within this subsection if it is provided during the relevant year and it is to the effect that—

(a)the safe working conditions have been met in relation to the service in so much of the relevant year as has already occurred, and

(b)the safe working conditions will be met in relation to the service in what remains of the relevant year.

(5)A declaration is within this subsection if it is provided after the end of the relevant year and it is to the effect that the safe working conditions were met in relation to the service in the relevant year.

(6)For the purposes of this section the safe working conditions are met in relation to a service at a particular time if at that time—

(a)the service is operated in compliance with regulations under section 4E(2) or (3) that apply to the service,

(b)the service is operated in compliance with a fatigue management plan that is required for the service by regulations under section 4E(3) (see section 4E(4)), and

(c)the service is operated in compliance with regulations under section 4E(5) that apply to the service.

(7)References in subsection (6) to the operation of a service include references to its operation outside the territorial waters of the United Kingdom.

(11)After section 4G (inserted by paragraph 10 of this Schedule) insert— .

(12)In section 5 (offence of operating service inconsistently with declaration)—

(a)in subsection (1)—

(i)for “service to which this Act applies” substitute “relevant service”;

(ii)in paragraph (a), for “an equivalence declaration” substitute “a declaration”;

(b)in subsections (2), (3) and (4), omit “equivalence”.

(1)Section 6 (imposition of surcharges: failure to provide declaration in time) is amended as follows.

(2)In subsection (1)(a)—

(a)for “service to which this Act applies” substitute “relevant service”;

(b)for “an equivalence declaration” substitute “a declaration”.

(3)In subsection (1)(b), for “an equivalence declaration” substitute “the requested declaration”.

(4)In subsection (2)(b)(ii), for “an equivalence declaration” substitute “the requested declaration”.

(5)In subsection (3)(b)(ii), for “an equivalence declaration” substitute “the requested declaration”.

(6)In subsection (5)(a), for “an equivalence declaration” substitute “the requested declaration”.

(7)In subsection (5)(b), for “section 4(4) or (5).” substitute

(i)section 4(4) or (5),

(ii)section 4C(4) or (5), or

(iii)section 4G(4) or (5),

(8)In subsection (6)—

(a)for “an equivalence declaration” substitute “a declaration”;

(b)in the definition of “prescribed period”, for “3(5)(a)” substitute “16A(1)(a)”;

(c)in the definition of “prescribed form and manner”, for “3(5)(b) and (c)” substitute “16A(1)(b) and (c)”.

(14)In section 7 (imposition of surcharges: in-year declaration that is prospective only), in subsection (1)—

(a)in paragraph (a)—

(i)for “service to which this Act applies” substitute “relevant service”;

(ii)for “an equivalence declaration” substitute “a declaration”;

(b)in paragraph (b), for “3(5)” substitute “16A(1)”;

(c)in paragraph (c), for the words from “within subsection (3)” to the end substitute

(i)within subsection (3) of section 4 (and not also within subsection (4) of that section),

(ii)within subsection (3) of section 4C (and not also within subsection (4) of that section), or

(iii)within subsection (3) of section 4G (and not also within subsection (4) of that section),

(1)Section 8 (imposition of surcharges: operating inconsistently with declaration) is amended as follows.

(2)In subsection (1)(a)—

(a)for “service to which this Act applies” substitute “relevant service”;

(b)for “an equivalence declaration” substitute “a declaration”.

(3)In subsection (3), after “equivalence declaration” insert “, remuneration declaration or safe working declaration (as the case may be)”.

(4)In subsection (4)(a)—

(a)for “service to which this Act applies” substitute “relevant service”;

(b)for “an equivalence declaration” substitute “a declaration”.

(5)In subsection (6), after “equivalence declaration” insert “, remuneration declaration or safe working declaration (as the case may be)”.

(16)In section 11 (refusal of harbour access for failure to pay surcharge), in subsection (1), for “service to which this Act applies” substitute “relevant service”.

(1)Section 12 (provision of information by operators) is amended as follows.

(2)In subsection (1)—

(a)for “service to which this Act applies” substitute “relevant service”;

(b)in paragraphs (a) and (b), for “an equivalence declaration” substitute “a declaration”.

(3)In subsection (2)—

(a)in paragraph (b), at the beginning insert “for the purposes of Part 2,”;

(b)after paragraph (b) insert—

(c)for the purposes of Part 3—

(i)information relating to the working pattern, working conditions or training of persons working on ships providing the service;

(ii)a fatigue management plan produced by the operator of the service (see section 4E(4)(a)).

(4)In subsection (5), for “service to which this Act applies” substitute “relevant service”.

(18)In section 13 (provision of information by harbour authorities), in subsection (2)(b), omit “equivalence”.

(19)In section 14 (inspections), in subsection (2)—

(a)in paragraph (a), for “service to which this Act applies” substitute “relevant service”;

(b)in paragraphs (a) and (b), for “an equivalence declaration” substitute “a declaration”.

(20)After section 15 insert— .

(21)After section 16 insert—

16ARegulations about declarations

(1)Regulations may make provision—

(a)as to the period within which declarations are to be provided;

(b)as to the wording of declarations and the form in which they are to be provided;

(c)as to the manner in which declarations are to be provided.

(2)Regulations under subsection (1)(b) may specify a single form combining different kinds of declarations (but a requirement to provide a declaration in such a form does not require an operator of a service to provide a declaration which a harbour authority has not requested the operator to provide).

(22)In section 17 (regulations)—

(a)in the heading, at the end insert “: general”;

(b)in subsection (2)(a), for sub-paragraph (i) (but not the “or” after it) substitute—

(i)relevant service,

.

(1)Section 19 (general interpretation) is amended as follows.

(2)After the definition of “the data protection legislation” insert— .

(3)Omit the definition of “national minimum wage equivalent”.

(4)In the definition of “operator”, for “service to which this Act applies” substitute “relevant service”.

(5)After the definition of “operator” insert— .

(6)In the definition of “relevant year”, for “has the meaning given by section 3(6);” substitute .

(7)After the definition of “relevant year” insert— .

(8)In the definition of “UK work”, for “has the meaning given by section 4(10)” substitute “means work which is carried out in the United Kingdom or its territorial waters”.

(1)The Seafarers’ Wages Act 2023 may be cited as the Seafarers (Wages and Working Conditions) Act 2023.

(2)For the words “Seafarers’ Wages Act 2023” wherever they occur in any enactment substitute “Seafarers (Wages and Working Conditions) Act 2023”.