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Revised Laws of Saint Lucia (2023)

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PART 7
ENGAGEMENT AND WELFARE OF SEAMEN

Engagement of Seamen

PART 7 ENGAGEMENT AND WELFARE OF SEAMEN

PART 1 PRELIMINARY

2. Interpretation

2A. Force of law

3. Application to Government ships

PART 2 ADMINISTRATION OF THE ACT

4. Establishment of Division

5. Power of Minister to give directions

6. Maritime Officers

7. Surveyor's powers and duties

8. Registrar of Ships and Assistant Registrar of Ships

9. Minister may delegate certain powers and duties

10. Registrar of Seamen

PART 3 RESTRICTION ON TRADING

11. Trade in Saint Lucian waters

PART 4 REGISTRATION AND LICENSING OF SHIPS AND PROPRIETARY INTERESTS IN SHIPS

12. Qualifications for owning a Saint Lucian ship

12A. Qualification for registration of foreign ship as Saint Lucian ship

13. Obligation to register Saint Lucian ships

14. Application for registration

15. Declaration of ownership

16. Evidence on first registration

17. Restriction on registration

18. Cancellation of registration

19. Restriction on de-registration of ships

19A. Dispensations

19B. Termination and revocation of dispensation granted under section 19A

19C. Flag to be used where a dispensation has been granted under section 19A

20. Port of Registry

21. Register books

22. Documents to be retained by the Registrar of Ships

22A. Obligation of owner or operator of ship registered under section 12A

23. Name of ship

24. Change of name of ship

25. Identity marks for fishing vessels

26. Offences under section 24 and 25

28. Register book for ships under construction

29. Survey and measurements of ships

30. Minister to make Tonnage Regulations

31. Tonnage once ascertained to be tonnage of ship

32. Tonnage of foreign ship

33. Foreign and other measurements

34. Alterations between surveys

35. Appointment of surveyors of ships

36. Marking of ships

37. Certificate of Registry

38. Power to make Regulations in relation to certificate of registry

39. Issue and custody of certificate of registry

40. Improper use of certificate of registry

41. Provisional certificate of registry

42. Temporary pass in lieu of certificate of registry

43. Registration of alterations

44. Procedure for registration of alterations

45. Provisional certificate where ship registered anew

46. Registration anew on change of ownership

47. Procedure on registration anew

48. Restriction on re-registration of wrecked or abandoned ships

49. Ships to be licensed

50. Qualifications for owning a licensed Saint Lucian ship

51. Operating restrictions

52. Regulations for licensing of ships

53. Transfer of ship or share

54. Declaration of transfer

55. Registration of transfer

56. Transmission of property in ship on bankruptcy or death

57. Order for sale on transmission to an unqualified person

58. Transfer of ship or share by order of the Court

59. Power of Court to prohibit any dealing with ship

60. Mortgage of ship or share therein

61. Mortgage of provisionally registered ships

62. Entry of discharge of mortgage

63. Priority of mortgages

64. Mortgagee not treated as owner

65. Mortgagee to have power of disposal

66. Mortgage not affected by bankruptcy

67. Transfer of mortgages

68. Transmission of interest in mortgage on bankruptcy or death

69. Authority to sell or mortgage out of Saint Lucia

70. General rules for Certificates of Sale

71. Procedure where ship under certificate granted in Saint Lucia

72. Registration in Saint Lucia where ship sold under certificate of sale granted in a foreign state

73. Rules as to certificate of mortgage

74. Loss of certificate of sale or mortgage

75. Revocation of certificate of sale or mortgage

76. Maritime liens

77. Priority of liens

78. Order of priority of liens

79. Rights of ship builders and ship repairers

80. Overriding nature of maritime liens

81. Claims arising from radioactive products

82. Limitation period

83. Notice of sale to be given

84. Effect of sale on mortgages

85. Disposition of proceeds of sale

86. Issue of certificate that a ship is free of mortgages, liens and other encumbrances

87. Provision for cases of infancy and disability

88. Notice of trusts not receivable

89. Definition of beneficial interest

90. Liability of beneficial owners

91. Registration of managing owner

92. Power to dispense with declarations or evidence

93. Mode of making declaration

94. Admissibility in evidence of register book and other documents

95. Forgery of documents

96. False declarations

97. Procedure on forfeiture of ship

98. Liabilities of ship not recognised

100. Instructions to Registrar of Ships

101. Returns to be made by the Registrar of Ships

PART 5 NATIONAL CHARACTER AND FLAG

102. National character of ship to be declared on clearance

103. National colours

104. Right to fly the flag of Saint Lucia

105. Showing of national colours

106. Penalty for unduly assuming Saint Lucian character

107. National flag on foreign ship

108. Penalty for using national colours if not qualified

109. Penalty for concealing Saint Lucian character or assuming foreign character

110. Liabilities of ship not recognised as a Saint Lucian ship

PART 6 MANNING AND CERTIFICATION

111. Regulations regarding manning and qualifications of persons serving in Saint Lucian ships

112. Power to exempt

113. Recognition of certificates issued abroad

114. Board of Inquiry

115. Cancellation or suspension of certificates or licences

116. Court of formal investigation to recommend cancellation or suspension of certificate

117. Appeals against cancellation or suspension

119. Prohibition against going to sea undermanned

120. Production of certificates and other documents of qualification

121. Ship leaving port while under detention

122. Saving and transitional

123. Functions of Registrar of Seamen

124. Crew agreements

125. Contents of crew agreements

126. Regulations for disciplinary offences

127. Same offence

128. Procedures relating to certain crew agreements

129. Further provisions as crew agreements

130. Stipulations not to be contrary to law of flag State

131. Seamen's Certificate of discharge

132. Character report

133. Discharge on change of registration

134. Employment of children

135. Changes in crew of ships

136. Change of master

137. Regulations for conditions of service

138. Use of English language

139. Crew's knowledge of English

140. Time and manner of payment of wages

141. Master to deliver account of wages

142. Deductions from wages

143. Settlement of wages

144. Registrar of Seamen's decision as to wages

145. Registrar of Seamen may require ship's documents

146. Rate of exchange

147. Registrar of Seamen may settle wage dispute

148. Court may award interest on wages due where there is no crew agreement

149. Allotment notes

150. Wages where service terminated

151. Protection of seaman's rights and remedies

152. Claims against seaman's wages for maintenance

153. Master's remedies for remuneration and disbursements

154. Wages not to depend on freight

155. Refusal or inability to work

156. Illness caused by own default

157. Costs for procuring conviction

158. Improper discharge

159. Protection of wages

160. Leave and holidays

161. Seaman may sue for wages

162. Jurisdiction of High Court in the recovery of wages

163. Power to rescind contracts

164. Property of deceased seaman

165. Delivery of deceased seaman's property

166. Forgery of documents

167. Occupational Safety Regulations

168. Provisions and water

169. Complaints as to provisions and water

170. Allowance for short or bad provisions

171. Weights and measures

172. Medical Fitness Regulations

173. Crew Accommodation Regulations

174. Certified cook to be carried

175. Medical Stores Regulations

176. Expenses for medical treatment and burial

177. Medical practitioners to be carried

178. Welfare Board for seamen's welfare

179. Facilities for making complaints

180. Assignment and sale of salvage

181. Seaman's debts

182. Misconduct endangering life of ship

183. General offences against discipline

184. Desertion and absence without leave

185. Improper negotiation of advance note

186. Summary remedies not to affect other remedies

187. Certificate of discharge may be withheld

188. False statements as to last ship

189. Deserters from foreign ships

190. Proof of desertion when wages are to be forfeited

191. Application of forfeiture

192. Questions of forfeiture decided in suit for wages

193. Deduction of fine from wages

194. Persuading seaman to desert and harbouring a deserter

195. Penalty on stowaways

196. Trade disputes involving seamen

197. Offences to be entered in official log book

198. Repatriation of seamen

199. Seaman to bear expense of repatriation in certain cases

200. Duty of Registrar of Seaman where seaman left behind

201. Effect of workman's compensation

202. Application to foreign vessels

203. Wages and effects of seaman left behind

204. Liability of master

205. Liability of Government

206. Payment to Government

207. Non-application of section 203

208. Sale of seaman's effects

209. Maintenance and return of seaman involuntarily terminating service

210. Discharge of change of ownership

211. Certificate when seaman left behind

213. Account of wages of seaman left behind

214. Payment of seaman's wages

215. Application of wages of seaman left behind

216. Relief of distressed seaman

217. Repayment of relief and repatriation expenses

218. Forcing ashore

219. Proper return port

220. Manner of return

221. Return of seaman to proper return port

222. Minister may provide temporary relief

223. Unauthorised presence on board ship

PART 8 OFFICIAL LOG BOOK AND ORDINARY SHIP'S LOG

224. Official log book

225. Entries in official log book

226. Delivery of official log book to Director

227. Delivery of official log book where ship is or last was

228. Offences in respect of official log book

229. Ordinary ship's log

230. Returns of crew lists

231. Returns of births and deaths in Saint Lucian ships

232. Returns of births and deaths of Saint Lucian citizens in foreign ships

234. Returns to be sent to the Registrar of Births and Deaths

PART 9 PREVENTION OF COLLISIONS AND SAFETY OF NAVIGATION

235. Collision Regulations

236. Saint Lucian ships to observe Collision Regulations

237. Foreign ships in Saint Lucian waters

238. Damage caused by non-observance of Collision Regulations

239. Local rules for inland navigation

240. Inspection to enforce compliance with Collision Regulations

241. Duty to render assistance following collision

242. Record of boat and fire drills to be kept in official log book

243. Crew to be sufficient and efficient

244. Dangers to navigation to be notified

245. Master to proceed moderately in danger area

246. Notices to mariners and navigational warnings

247. Obligation to assist vessels in distress

248. Right to requisition ships when in distress

249. Obligation to assist persons in danger at sea

250. Salvage rights not affected

251. Regulations for signals of distress

252. Reports of accidents to ships

253. Loss of ship

PART 10 SAFETY OF LIFE AT SEA

254. Interpretation

255. List of Safety Convention Countries

256. Application of Safety Convention

257. Regulations relating to Safety at Sea

258. Ships in port through stress of weather

259. Breach of Safety Regulations

260. Appointment of surveyors

261. Surveyor's powers of inspection

262. Surveyor's Report to Director

263. Surveyor's record of inspections and certificates

264. Survey of passenger ships

265. Initial survey of passenger ships

266. Periodic surveys of passenger ships

267. Additional surveys of passenger ships

268. Passenger Ship Safety Certificate

269. Short Voyage Certificates for passenger ships

270. Exemption and Qualified Certificates for passenger ships

271. Validity of passenger ship Short Voyage Certificates

272. Passenger Ship Safety Certificate to be carried on board

273. Penalty for carrying excess passengers

274. Safety Equipment survey on Cargo Ships

275. Cargo ship Safety Equipment Certificate

276. Cargo ship exemption and Qualified Safety Equipment Certificates

277. Cargo ship radar and radio installation surveys

278. Issue of cargo ship Radio Certificate

279. Cargo ship exemption and Qualified Radio Certificates

280. Radio Exemption Certificates

281. Cargo ship safety construction surveys

282. Regulations for cargo ship safety construction requirements and surveys

283. Issue of cargo ship Safety Construction Certificate

284. Cargo ship exemption and Qualified Safety Construction Certificates

285. Validity period of cargo ship Safety Construction Certificate

286. Appeals against withholding of ship's certificates or detention

287. Periods of Validity of Certificates

288. Extension of validity of certificates

289. Validity of qualified certificate

290. Penalty for breach of Exemption Certificates

291. Posting up of certificates on boardship

292. Survey to verify compliance with Safety Certificates

293. Production of Safety Convention Certificate

294. Inspection of ships holding Safety Convention Certificates

295. Ship not to proceed to sea without appropriate certificate

296. Detention of ship for non-production of certificates

297. Ships to carry stability information

298. Penalty for forgery of survey report or certificate

299. Notice of accident, defect or alterations affecting the efficiency or sea-worthiness of the ship

300. Resurvey of a ship following alterations or damages

301. Application of this Part to foreign ships

302. Survey of foreign ships and issue of Safety Convention Certificates

303. Issue of Certificate by other Governments

304. Exceptions

305. Regulations for safety requirements and issue of local certificates

PART 11 LOAD LINES

306. Interpretation

307. Exceptions

308. Countries to which Load Lines Convention applies

309. Load Line Regulations

310. Certificates issued under the Load Lines Convention

311. International and Local Load Line Certificate

312. Certificates issued by other governments

313. Certificates issued at the request of other government

314. Regulations as to the validity of foreign certificates

315. Power to make Exemption Orders

316. Further powers to exempt ships of novel design

317. Extent of exemption

318. Issue of Exemption Certificate

319. Duration of extension of exemption

320. Effect of Load Line Certificates

321. Duration, renewal and cancellation of Load Line Certificate

322. Ships not to proceed to sea without Load Line Certificate

323. Deck Cargo Regulations

324. Inspection of Saint Lucian load line ships

325. Notice to be given of alterations affecting position of ship's load lines

326. Submersion of load lines

327. Alteration or defacement of load line marks

328. Ships not to proceed to sea unless complying with the Load Line Regulations

329. Production of Load Line Certificates of Saint Lucian ships

330. Production of Load Line Certificates of foreign ships

331. Submersion of load lines of foreign ships

332. Posting up of Load Line Certificate and entry of load line details in ship's log book

333. Inspection of ships regarding load lines

334. Contravention of Load Line Regulations and detention of ship

PART 12 CARRIAGE OF BULK CARGOES

335. Bulk Cargo Regulations

336. Precautions regarding grain cargoes

PART 13 DANGEROUS GOODS

338. Regulations in to dangerous goods

339. Carriage and marking of dangerous goods

341. Rejection and disposal of dangerous goods by the ship

342. Forfeiture of dangerous goods

PART 14 SEAWORTHINESS OF SHIPS

343. Unseaworthy ship

344. Sending unseaworthy ship to sea

345. Duty to ensure seaworthiness

346. Detention of unseaworthy ship

347. Liability for costs and damages

348. Complainant liability

349. Security for costs

350. Desertion from unseaworthy ship

351. Appointment of Surveyors or other maritime officers

352. Costs of survey

PART 15 WRECK AND SALVAGE

353. Appointment and powers of Principal Receiver of Wreck and of receivers of wreck

354. Fees of receiver

355. Duty of receiver where vessel is in distress

356. Power of receiver in case of ship in distress

357. Power to pass over adjoining lands

358. Duties of persons finding wreck

359. Suppression of plunder and disorder

360. Immunity of receiver

361. Notice of wreck to be given by receiver

362. Claims of owner of wreck

363. Sale of wreck

364. Penalty for taking wreck at the time of casualty

365. Right to unclaimed wreck

366. Wrecked goods subject to duties

367. Delivery of wreck not to prejudice title

368. Removal of wreck by port or harbour Authority

369. Breaking and removal of wrecks

370. Extent of power of removal of wreck

371. Taking wreck to a foreign port

373. Interfacing with wreck

374. Summary procedure for concealment of wreck

375. Examination on oath regarding vessels in distress

376. Interpretation

377. Non-application to platforms and drilling units

378. Non-application of Salvage Convention to foreign state-owned vessel

379. Salvage of life

380. Salvage of cargo

381. Services excluded from salvage remuneration

382. Conditions for salvage remuneration

383. Salvage contracts

384. Annulment or modification of contracts

385. Duties of salvor

386. Duties of owner and master

387. Powers of the Minister

388. Criteria for fixing salvage reward

389. Responsibility for payment of reward

390. Maximum amount of reward

391. Special compensation

392. Services rendered under existing contracts

393. Apportionment between salvors

394. Salvor's misconduct

395. Maritime lien

396. Duty to provide security

397. Interim payment

398. State-owned cargoes

399. Humanitarian cargoes

400. Determination of salvage disputes

401. Summary determination of salvage disputes

402. Appeal in case of salvage disputes

403. Valuation of property salvaged

404. Detention of property by receiver where salvage payments due

405. Sale of detained property

406. Apportionment of small amounts of salvage

407. Apportionment of salvage by High Court

408. Salvor's right to interest

409. Salvage services rendered by Government

410. Limitation of actions

411. Publication of judicial and arbitral awards

PART 16 PASSENGER SHIPS

412. Power of the Minister to make Regulations respecting passenger ships

413. Offences in connection with passenger ships

PART 17 LIMITATION AND DIVISION OF LIABILITY

414. Interpretation

415. Persons entitled to limit liability

416. Claims subject to limitation

417. Liability of ships

418. Claims not subject to limitation

419. Conduct barring limitation

420. Counterclaims

421. Calculation of limits of liability

422. Priorities

423. Measurement of ship's tonnage

424. Limitation of liability of authorities and owners of docks

425. Limit for passenger claims

426. Conversion of Unit of Account to Saint Lucian funds

427. Aggregation of claims

428. Provision of security

429. Distribution of proceeds of security

430. Bar to other actions

431. Release of ship on security

432. Rules as to division of loss

433. Damages for personal injury

434. Definition of “freight”

435. Right of contribution

436. Limitation of actions

PART 18 INQUIRIES AND INVESTIGATIONS

437. Investigations into shipping casualties

438. Preliminary inquiry

439. Formal investigations

440. Expenses of witnesses

441. Effect on certificates or licences

442. Inquiry into fitness or conduct

443. Rehearing and appeal

444. Appeals to High Court

445. Delivery of certificates or licences

446. Power of Minister to vary suspension or cancellation

447. Remuneration

PART 19 LEGAL PROCEEDINGS

448. Jurisdiction of a Magistrate's Court

449. Provision as to jurisdiction over offences

450. Jurisdiction over ships off the coast

451. Jurisdiction as to offences on board ships

452. Application of fines

453. Conviction under other law

454. Jurisdiction in collision and other cases

455. Actions in rem

456. Jurisdiction as to unsatisfied mortgages

457. Detention of foreign ship

458. Enforcing detention of ship

459. Comptroller to be informed of detention of ship

460. Notice to consular officer of detention of foreign ship

461. Distress on ship

462. Inquiry into death on board

463. Seizure and sale

464. Liability of shipowners

465. Liability of bodies of persons

466. Persons who may prosecute

467. Prosecution of offences and penalties

468. Compounding of offences

469. Limitation of actions in civil proceedings

470. Deposition to be received in evidence where witness cannot be produced

471. Proof of attestation not required

472. Admissibility of documents in evidence

473. Notices to be in writing

474. Service of documents

475. All officers to be public officers

476. Protection of public officers and other persons acting under this Act

PART 19A SMALL COMMERCIAL VESSELS

476A. Interpretation: Part 19A

476B. APPLICATION

476C. Ships to be inspected within 1 year

476D. Dry-dock inspection

476E. Information to accompany application

476F. Responsibility of owner and master

476G. Suspension of Certificate of Inspection

476H. Prohibition on proceeding to sea

476I. Fee for application

476J. Loss of licences

476K. Suspension of licence

476L. Duty of owner or master

476M. Working hours on vessels on voyage that exceed 24 hours

476N. Working hours in vessel on voyage of less than 24 hours

476O. Contravention of sections 476M and 476N

476P. Training in emergency procedures

476Q. Exemptions

476R. Equivalent standards

476S. Power to detain

PART 20 MISCELLANEOUS

477. Definition of “authorised officer”

478. Powers of authorised officers to board ships

479. Power to require production of documents

480. Inspection of ships

481. Power of arrest

482. Returns by Surveyor of Ships

483. Appointment of Inspectors

484. Powers of Inspectors

485. Expenses of witnesses

486. Obstruction of Inspector

487. Powers of Director to prescribe forms

488. Exemption from stamp duty

489. Offences in respect of use of forms

490. Power to apply Act to ships of other countries, and to exempt such ships

491. General power to make Regulations

492. General powers of exemption

493. Application of international Conventions

494. Conventions to prevail

495. Contravention of international conventions

PART 21 FINAL AND TRANSITIONAL PROVISIONS

496A. Amendment of Schedule 2

497. Regulations for resolving transitional difficulties

PART 2 UNITED KINGDOM LEGISLATION

CHAPTER I GENERAL PROVISIONS

Part A Application and Interpretation

Part B Inspections

Part C Certification

Part D Passenger and crew capacity

Part E Passenger Ships on International Voyages

CHAPTER II CONSTRUCTION

Part A General Provisions

Part B Watertight And Weathertight Openings

Part C Accommodation

Part D Working Decks

CHAPTER III FREEBOARD, STABILITY AND WATERTIGHT INTEGRITY

Part A Freeboard

Part C Watertight Integrity

Part D Subdivision

CHAPTER IV MACHINERY

Part B Steering And Propeller Systems

Part C Bilge Systems

Part D Electrical Arrangements

CHAPTER V FIRE PROTECTION

Part B Fire Extinguishing and Detecting Equipment

CHAPTER VI LIFESAVING EQUIPMENT

CHAPTER VII MISCELLANEOUS SYSTEMS AND EQUIPMENT

CHAPTER VIII OPERATIONAL REQUIREMENTS

Part A Operational Requirements

Part B Preparations For Emergencies

CHAPTER IX LICENCING OF BOATMASTERS AND ENGINEERS, MANNING AND HOURS OF WORK

Part A Licences

Part B Hours Of Work

SUBSIDIARY LEGISLATION

Forms and Fees Under the Merchant Shipping Acts of the United Kingdom – Section 491 (Gazettes 20-11-1896, 30-5-1908 and 11-5-1912)

Shipping (Ship and Port Facility Security) Regulations (Statutory Instrument 46/2004)

PART 1 PRELIMINARY

Shipping (Fees) Regulations (S.I. 16/2010)

2. Registration fees

Shipping (Safety of Pleasure Vessels) Regulations (S.I. 17/2010)

2. Interpretation

4. Prohibition on proceeding on any voyage

5. Equivalent provisions

PART A CHECK LIST OF REQUIREMENTS FOR THE SAFETY OF PLEASURE VESSELS

PART B GUIDANCE FOR SURVEYORS, INSPECTORS, OWNERS OF PLEASURE BOATS AND FISHERMEN

PART C FIRST AID KITS

Shipping (Registration and Proprietary Interests in Ships) Regulations (S.I. 18/2010)

PART 1 PRELIMINARY

Shipping (Distress Signals and Prevention of Collisions) Regulations (S.I. 19/2010)

2. Interpretation

4. Signals of distress

5. Prevention of collision

PART B STEERING AND SAILING RULES

PART C LIGHTS AND SHAPES

PART D SOUND AND LIGHT SIGNALS

PART E EXEMPTIONS

Shipping (Tonnage) Regulations – Section 30 (Statutory Instrument 9/2016)

Shipping (Inquiry and Formal Investigation) Regulations – Sections 111(1)(l) and 491 (Statutory Instrument 69/2016)

Shipping (Medical Fitness) Regulations – Section 172 (Statutory Instrument 70/2016)

2. Interpretation

4. Recognition of duly qualified medical practitioners

5. Requirement for medical fitness certificate

6. Medical examination

7. Conduct of medical examination

8. Assessment of fitness

9. Issuance of medical fitness certificate

10. Recognition of medical fitness certificate issued abroad

11. Period of validity

12. Suspension or cancellation of medical fitness certificate

14. Inspection, production of documents and detention

15. Other offences

16. Transitional

Shipping (Load Lines) Regulations – Section 309 (Statutory Instrument 97/2019)

Shipping (Manning and Certification) Regulations – Section 111 (Statutory Instrument 93/2020)

CRISIS MANAGEMENT AND HUMAN BEHAVIOUR

Shipping (Accident Reporting and Investigation) Regulations – Section 491 (Statutory Instrument 160/2021)

2. Interpretation

4. Material damage

5. Contents of report

6. Report by senior surviving officer

7. Submission of report or notice to the Minister

8. Report on examination of circumstances

9. Factors causing a safety investigation

10. Preservation of evidence

11. Conduct of inspection by inspector

12. Preliminary inquiry

13. Safety investigation

14. Cooperation with substantially interested country

15. Disclosure of records

16. Publication of preliminary inquiry report

17. Publication of safety investigation report

18. Other duties of the Chief Inspector

19. Safety recommendations

20. Fair treatment