Navigation (Master and Seamen) Regulations (Amendment)

NAVIGATION (MASTER AND SEAMEN) REGULATIONS. (c)

Statutory Rules 1951, No. 67, (d)

Certificates of discharge.

1. Regulation 10 of the Navigation (Master and Seamen) Regulations is amended by omitting from the proviso to sub-regulation (1.) the words “Board of Trade” and inserting in their stead the words “Ministry of Transport”.

Final settlement of Wages.

2. Regulation 14 of the Navigation (Master and Seamen) Regulations is amended by omitting the words “any Sunday or holiday” (wherever occurring) and inserting in their stead the words “any Saturday, Sunday or holiday”.

(c) For previous Regulations, see Consolidated Commonwealth Statutory Rules 1901-1927, Volume II., p. 2337; Commonwealth Statutory Rules 1929, p. 110; 1931, p. 246; 1933, p. 112; 1935, p. 300; 1942, p. 1153; and 1947-48, p. 871.

(d) Made under the Navigation Act 1912-1950 on 5th July, 1951; notified in Gazette on 6th July, 1951.

Wages, &c., of seamen left behind.

3. Regulation 19 of the Navigation (Master and Seamen) Regulations is amended by omitting from paragraph (b) the words “British Board of Trade” and inserting in their stead the words “Ministry of Transport of the United Kingdom”.

Official log.

4. Regulation 24 of the Navigation (Master and Seamen) Regulations is amended by omitting from the proviso to sub-regulation (1.) the words “British Board of Trade” and inserting in their stead the words “Ministry of Transport of the United Kingdom”.

Precautions as to use of oil fuel.

5. Regulation 25a of the Navigation (Master and Seamen) Regulations is amended—

(a) by omitting the words “Board of Trade” and inserting in their stead the words “Ministry of Transport”; and

(b) by omitting the word “Board” and inserting in its stead the word “Ministry”.

Forms.

6. Regulation 28 of the Navigation (Master and Seamen) Regulations is amended by omitting from sub-regulation (2.) the words “British Board of Trade” and inserting in their stead the words “Ministry of Transport of the United Kingdom”.

7. Regulation 29 of the Navigation (Master and Seamen) Regulations is repealed and the following regulation inserted in its stead:—

Charges for forms.

“29. The charge (if any) for a form prescribed by these Regulations shall be the amount (if any) specified in relation to that form in the following table:—

8. Regulation 30 of the Navigation (Master and Seamen) Regulations is repealed and the following regulation inserted in its stead:—

Overtime charges.

“30.— (1.) When the services of officials are provided for work in connexion with the engagement or discharge of seamen in circumstances to which sub-regulation (2.), sub-regulation (3.) or sub-regulation (4.) of this regulation applies, charges for their services as prescribed by the sub-regulation applicable shall be payable by the owner or master of the ship concerned.

“(2.) Where the work is performed on board ship during ordinary official hours, the charge shall be in accordance with the following table:—

(a) Engagement of Seamen.

(b) Discharge of Seamen.

“ (3.) Where the work is performed in a Mercantile Marine office immediately before or immediately after ordinary official hours, the charge shall be half the amount of the charge prescribed by sub-regulation (2.) of this regulation.

 “(4.) Where the work is performed on a Saturday, Sunday or holiday, or before or after official hours in circumstances other than those specified in sub-regulation (2.) or sub-regulation (3.) of this regulation, the charge shall be that prescribed by sub-regulation (2.) of this regulation, but, if only one official is employed, the charge shall not exceed a maximum of Four pounds four shillings.

“(5.) When the services of officials are provided, before or after ordinary official hours, for work other than in connexion with the engagement or discharge of seamen, and that work is not performed at the same time as the engagement or discharge of seamen, a charge for their services of Eight shillings per hour or part of an hour in respect of each official employed shall be payable by the owner or master of the ship concerned.

“(6.) When the services of officials are provided on a Saturday, Sunday or holiday for work other than in connexion with the engagement or discharge of seamen, and that work is not performed at the same time as the engagement or discharge of seamen, a charge for their services of Sixteen shillings per hour or part of an hour in respect of each official employed shall be payable by the owner or master of the ship concerned.

Travelling time.

“(7.) When the services of an official are provided for work otherwise than at a Mercantile Marine Office during ordinary official hours or immediately before or immediately after ordinary official hours, and the time necessarily occupied by the official in travelling between the ship and the Mercantile Marine Office or his place of residence, or between the Mercantile Marine Office and his place of residence, as the case requires, exceeds a total time of half an hour, a charge at the rate of Eight shillings per hour in respect of the official’s travelling time shall be payable by the owner or master of the ship concerned in addition to the charge prescribed by sub-regulation (2.), sub-regulation (4.), sub-regulation (5.) or sub-regulation (6), as the case requires, of this regulation.

Waiting time.

“(8.) When, at the request of the owner or master of a ship, the services of an official are provided for work to be performed—

(a) on board ship at any time; or

(b) at a Mercantile Marine Office before or after ordinary official hours or on a Saturday, Sunday or holiday,

and the period of time between the time at which the official was requested to report for duty and the time at which conditions permit him to commence duty exceeds half an hour, a charge at the rate of Eight shillings per hour shall be payable by the owner or master in respect of that waiting time.

Postponement fee.

“(9.) If the owner or master of a ship gives notice that the services of an official will be required at a time, before or after ordinary official hours, specified in the notice, and gives a further notice, received less than four hours before the specified time, fixing a later time, a postponement fee at the rate of Eight shillings per hour in respect of all time from the time specified in the first notice and the later time fixed in the later notice or the commencement of ordinary official hours, as the case may be, shall be payable by the owner or master.

Cancellation fee.

“(10.) If the owner or master of a ship gives notice that the services of an official will be required at a time, before or after ordinary official hours, specified in the notice, and gives a further notice, received less than four hours before the specified time, cancelling the notice of requirement, a cancellation fee of Twelve shillings shall be payable by the owner or master.

“(11.) For the purposes of this regulation—

‘ordinary official hours’ means the hours during which the Mercantile Marine Office is open for public business on all the days (excluding holidays) of a week from Monday to Friday, inclusive;

‘holiday’ means any day observed as a holiday in the Public Service of the Commonwealth under section 76 of the Public Service Act 1922-1950.”.

Services of officers at places other than Mercantile Marine Offices.

9. Regulation 31 of the Navigation (Master and Seamen) Regulations is repealed.

The Schedule.

10. The Schedule to the Navigation (Master and Seamen) Regulations is amended—

(a) by omitting from Form M. & S.—9and 9a the figure and symbol “& 9a”; and

(b) by inserting after that form the following form:—

Form M. & S.—9A.

Form M. & S.—9a—continued.

Account of Wages—continued.

DEDUCTIONS (excluding Allotments).