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152.   Claims against seaman's wages for maintenance

Revised Laws of Saint Lucia (2021)

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152.   Claims against seaman's wages for maintenance

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    (1)   Where, during a seaman's employment in a ship, expenses are incurred by a public officer for the benefit of any of his or her dependents and the expenses are of a kind specified in the regulations made under this Act, and such further conditions, as may be so specified are satisfied, the public officer may by notice in writing require the persons employing the seaman—

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      (a)     to retain for a period specified in the notice such proportion of his or her net wages as may be so specified; and

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      (b)     to give to the public officer as soon as may be notice in writing of the seaman's discharge from the ship,

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    and the persons employing the seaman shall comply with the notice, subject to subsection (3), and give notice in writing of its contents to the seaman.

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    (2)   For the purposes of this section—

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      (a)     the following persons, and no others, shall be taken to be a seaman's dependents, that it to say, his or her spouse and any person under the age of 16 years, whom he or she is liable, for the purposes of any written law, to maintain or in respect of whom he or she is liable under such written law to make contributions to a local authority; and

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      (b)     expenses incurred for the benefit of any person include, in addition to any payments made to him or her or on his or her behalf, expenses incurred for providing him or her with accommodation or care or for exercising supervision over him or her, but not expenses shall be specified in the regulations unless they are such that a magistrate's court has power under any enactment in force in Saint Lucia to order the making of payments in respect thereof.

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    (3)   No more than the following proportion of a seaman's net wages shall be retained under subsection (1) whether in pursuance of one or more notices that is to say—

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      (a)     one-half, if the notice or notices relate to one dependant only;

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      (b)     two-thirds, if the notice or notices relate to 2 or more dependents.

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    (4)   Where a public officer has served a notice under this section on the persons employing a seaman, a magistrate's court may, on the application of the officer, make an order for the payment to the officer of such sum, not exceeding the proportion of the seaman's wages which those persons were required by virtue of this section to retain as the court, having regard to the expenses incurred by the officer and the seaman's means, thinks fit.

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    (5)   Any sums paid out of a seaman's wages in pursuance of an order under this section shall be deemed to be paid to him or her in respect of his or her wages; and the service, on the persons who employed the seaman, of such an order dismissing an order for payment shall terminate the period for which the persons employing the seaman are required to retain the wages.

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    (6)   An application for an order under this section for the payment of any sum by the persons employing a seaman shall be deemed, for the purposes of any proceedings, to be an application for an order against the seaman; but the order, when served on those persons, shall have effect as an order against them and may be enforced accordingly.

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    (7)   Any notice or order under this section may be served by registered post.

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    (8)   The Minister may make regulations specifying—

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      (a)     the circumstances in respect of which a notice may be served by a public officer under subsection (1);

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      (b)     any conditions that must be satisfied if a notice is to be served under subsection (1);

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      (c)     the period that may be specified in a notice to be served under subsection (1) being a period beginning with the service of the notice and ending a specified number of days after the seaman's discharge from his or her ship;

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      (d)     the form of a notice to be served under subsection (1) and the information to be contained therein;

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      (e)     the amounts to be deducted from a seamen's wages in computing his or her net wages for the purposes of this section, and the amounts specified under this paragraph may include amounts allotted by allotment notes issued under section 149.

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