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128.   Procedures relating to certain crew agreements

Revised Laws of Saint Lucia (2021)

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128.   Procedures relating to certain crew agreements

The following provisions shall have effect with respect to a crew agreement made in the case of ships trading from and beyond the Saint Lucia waters—

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    (a)     the agreement shall, subject to the provisions of this Act as to substitutes, be signed by each seaman;

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    (b)     the Registrar of Seamen shall cause the agreement to be read over and explained to each seaman or otherwise ascertain that each seaman understands the agreement before he or she signs it and shall attest each signature;

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    (c)     when the crew is first engaged, the agreement shall be signed in duplicate, and one part shall be forwarded to the Registrar of Seamen and the other shall be retained by the master and shall contain a special place or form for the descriptions and signatures of substitutes or persons engaged subsequent to the first departure of the ship;

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    (d)     where a substitute is engaged in the place of a seaman who duly signed the agreement and whose services are, within 24 hours of the ship proceeding to sea, lost by death, desertion or other unforeseen cause, the master shall, before the ship proceeds to sea if practicable, and if not, as soon as possible afterwards, cause the agreement to be read over and explained to the substitute, and the substitute shall thereupon sign the same in the presence of a witness and the witness shall attest the signature;

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    (e)     an agreement may be made for a voyage or, if the voyage of the ship averages less than 6 months in duration, may be made to extend over 2 or more voyages, and an agreement made to extend over 2 or more voyages is in this section referred to as a “running agreement”;

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    (f)     a running agreement shall not extend beyond the 12 months' period of time next following the date of the making of the agreement or the first arrival of the ship at its port of destination after the termination of that period;

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    (g)     on every return to the port where the crew was engaged before the final termination of a running agreement, the master shall make on the agreement an endorsement as to the engagement or discharge of seamen, either that no engagements or discharges have been made or are intended to be made before the ship leaves port, or that all those made have been made as required by law, and if the master wilfully makes a false statement in any such endorsement he or she commits an offence;

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    (h)     the duplicate crew agreement retained by the Registrar of Seamen on the first engagement of the crew shall be kept by the Registrar of Seamen for a period of 7 years after the expiration of the agreement;

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    (i)     except as provided in section 144 a crew agreement shall not purport to deprive any court of its jurisdiction to hear and determine disputes respecting the agreement.

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