in

If the master is not a “seaman” for the purposes of UK legislation on Crew Agreements, why is he not included in the categories of persons exempted from the requirement to sign a Crew Agreement?

By virtue of the definition of “seaman” in section 313 of the Merchant Shipping Act 1995, Part I of the Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations 1991, which deals with Engagement of Seamen, does not apply to a master, in other words the master is excepted (as distinct from exempted) from the requirements of Part I. This is because, for the purposes of engagement of seamen, the master is the employer’s representative (or in legal terminology, agent) and not a seaman himself.

Share this:

Written by Ship Inspection

Leave a Reply

What matters are governed by the contractual provisions of a Crew Agreement in a UK ship, according to MGN 148?

Under the Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations, which persons are exempted from the requirement to sign a Crew Agreement?