Seafarers’ Wages Act 2023
2023 Chapter 8An Act to make provision in relation to the remuneration of seafarers who do not qualify for the national minimum wage.
Enacted[23rd March 2023]
Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Introductory¶
I211 Services to which this Act applies¶
I12 Non-qualifying seafarers¶
In this Act, “non-qualifying seafarer” means a person—National minimum wage equivalence declarations¶
I18I203 Request for declaration¶
I9I154 Nature of declaration¶
I11I315 Offence of operating service inconsistently with declaration¶
Surcharges¶
I33I196 Imposition of surcharges: failure to provide declaration in time¶
- “prescribed period” means the period within which the operator is required to provide the declaration in accordance with regulations under section 3(5)(a);
- “prescribed form and manner” means the form and manner in which the operator is required to provide the declaration in accordance with regulations under section 3(5)(b) and (c).
I32I257 Imposition of surcharges: in-year declaration that is prospective only¶
I30I28 Imposition of surcharges: operating inconsistently with declaration¶
I7I229 Surcharges: general¶
I14I2610 Objections to surcharges¶
I3I611 Refusal of harbour access for failure to pay surcharge¶
Enforcement powers¶
I17I2812 Provision of information by operators¶
I10I1613 Provision of information by harbour authorities¶
I23I2414 Inspections¶
I8I2915 Prosecution of offences¶
In England and Wales and Northern Ireland, proceedings relating to offences under this Act may be instituted and carried on by the Secretary of State.Supplementary¶
I516 Directions¶
I417 Regulations¶
General¶
I2718 “Harbour” and “harbour authority”¶
I1219 General interpretation¶
In this Act—- “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
- “equivalence declaration” has the meaning given by section 3(2);
- “false or misleading” means false or misleading in a way which is relevant to the operation of any provision of this Act;
- “Maritime Labour Convention” means the Maritime Labour Convention adopted on 23 February 2006 by the General Conference of the International Labour Organisation, as amended from time to time;
- “national minimum wage equivalent” has the meaning given by section 4(6);
- “non-qualifying seafarer” has the meaning given by section 2;
- “operator”, in relation to a service to which this Act applies, means the person who has, or has agreed to take over, in respect of any ship providing the service, the duties and responsibilities imposed on shipowners under the Maritime Labour Convention;
- “relevant year” has the meaning given by section 3(6);
- “ship” has the meaning given by section 1(4);
- “surcharge” has the meaning given by section 9;
- “UK work” has the meaning given by section 4(10);
- “work” has the same meaning as in the National Minimum Wage Act 1998.
I1320 Extent, commencement and short title¶
Footnotes
- I1S. 2 in force at Royal Assent, see s. 20(2)(b)
- I2S. 8 in force at 1.12.2024 by S.I. 2024/1008, reg. 2
- I3S. 11 in force at Royal Assent for specified purposes, see s. 20(2)(a)
- I4S. 17 in force at Royal Assent, see s. 20(2)(b)
- I5S. 16 in force at Royal Assent, see s. 20(2)(b)
- I6S. 11 in force at 1.12.2024 in so far as not already in force by S.I. 2024/1008, reg. 2
- I7S. 9 in force at Royal Assent for specified purposes, see s. 20(2)(a)
- I8S. 15 not in force at Royal Assent, see s. 20(3)
- I9S. 4 in force at Royal Assent for specified purposes, see s. 20(2)(a)
- I10S. 13 not in force at Royal Assent, see s. 20(3)
- I11S. 5 not in force at Royal Assent, see s. 20
- I12S. 19 in force at Royal Assent, see s. 20(2)(b)
- I13S. 20 in force at Royal Assent, see s. 20(2)(b)
- I14S. 10 in force at Royal Assent for specified purposes, see s. 20(2)(a)
- I15S. 4 in force at 1.12.2024 in so far as not already in force by S.I. 2024/1008, reg. 2
- I16S. 13 in force at 1.12.2024 by S.I. 2024/1008, reg. 2
- I17S. 12 not in force at Royal Assent, see s. 20(3)
- I18S. 3 in force at Royal Assent for specified purposes, see s. 20(2)(a)
- I19S. 6 in force at 1.12.2024 by S.I. 2024/1008, reg. 2
- I20S. 3 in force at 1.12.2024 in so far as not already in force by S.I. 2024/1008, reg. 2
- I21S. 1 in force at Royal Assent, see s. 20(2)(b)
- I22S. 9 in force at 1.12.2024 in so far as not already in force by S.I. 2024/1008, reg. 2
- I23S. 14 not in force at Royal Assent, see s. 20(3)
- I24S. 14 in force at 1.12.2024 by S.I. 2024/1008, reg. 2
- I25S. 7 in force at 1.12.2024 by S.I. 2024/1008, reg. 2
- I26S. 10 in force at 1.12.2024 in so far as not already in force by S.I. 2024/1008, reg. 2
- I27S. 18 in force at Royal Assent, see s. 20(2)(b)
- I28S. 12 in force at 1.12.2024 by S.I. 2024/1008, reg. 2
- I29S. 15 in force at 1.12.2024 by S.I. 2024/1008, reg. 2
- I30S. 8 not in force at Royal Assent, see s. 20(3)
- I31S. 5 in force at 1.12.2024 by S.I. 2024/1008, reg. 2
- I32S. 7 not in force at Royal Assent, see s. 20(3)
- I33S. 6 not in force at Royal Assent, see s. 20(3)