I appreciate the comments that have been made in this short debate. Just to be clear, the new clause is about issues that are not currently protected under the Modern Slavery Act 2015 and are often under-reported. I welcome the Minister’s comments about the fair work agency and the recent Low Pay Commission report, but I must ask about the timeframe. My suggestion—I will try to work with him on this—is that the timeframe be six months beyond the passing of the Bill, so that we can get decisions made. Perhaps the Secretary of State could let us know what kind of timeframe we are talking about, to give us peace of mind that action will be taken for those who are most vulnerable and have come here from overseas. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Schedule 1
Warrants under Part 5: further provision
“Part 1
Application of this Schedule
1 This Schedule applies in relation to—
(a) applications for warrants under section (Power to enter dwelling subject to warrant) or 83, and
(b) warrants issued under section (Power to enter dwelling subject to warrant) or 83.
Part 2
Warrants: applications and safeguards
Applications for warrants
2 (1) Where an enforcement officer applies for a warrant, the officer must—
(a) state the ground on which the application is made,
(b) state the provision of this Act under which the warrant would be issued,
(c) specify the premises which it is desired to enter, and
(d) identify, so far as is practicable, the purpose for which entry is desired.
(2) An application for a warrant must be made without notice and must be supported by an information in writing or, in Scotland, evidence on oath.
(3) The officer must answer on oath any question that the justice hearing the application asks the officer.
Safeguards in connection with power of entry conferred by warrant
3 A warrant authorises an entry on one occasion only.
4 (1) A warrant must specify—
(a) the name of the person who applies for it,
(b) the date on which it is issued,
(c) the provision of this Act under which it is issued, and
(d) the premises to be entered.
(2) A warrant must identify, so far as is practicable, the purpose for which entry is desired.
5 (1) Two copies are to be made of a warrant.
(2) In the case of a warrant issued in electronic form, the copies must be clearly marked as copies.
(3) In the case of a warrant issued otherwise than in electronic form, the copies must be clearly certified as copies.
Part 3
Execution of warrants
Warrant to be executed within three months
6 Execution of a warrant must be within three months from the date of its issue.
Time of entry
7 Execution of a warrant must be at a reasonable time, unless it appears to the officer executing it that there are grounds for suspecting that the purpose of entering the premises may be frustrated if the officer seeks to enter at a reasonable time.
Evidence of authority etc
8 (1) Where the occupier of premises to be entered under a warrant is present at the time when an enforcement officer seeks to execute the warrant, the following requirements must be satisfied—
(a) the officer must produce to the occupier documentary evidence of the fact that the officer is an enforcement officer;
(b) if the officer is asked for it, the occupier must be told the officer’s name;
(c) the officer must produce the warrant to the occupier;
(d) the officer must supply the occupier with a copy of the warrant that is marked or certified as a copy in accordance with paragraph 5.
(2) Where—
(a) the occupier of premises to be entered under a warrant is not present when an enforcement officer seeks to execute it, but
(b) some other person who appears to the officer to be in charge of the premises is present,
sub-paragraph (1) has effect as if any reference to the occupier were a reference to that other person.
(3) If there is no person present who appears to the enforcement officer to be in charge of the premises, the officer must leave a copy of the warrant, marked or certified as a copy in accordance with paragraph 5, in a prominent place on the premises.
Securing premises after entry
9 An enforcement officer who enters premises under a warrant must take reasonable steps to ensure that when the officer leaves the premises they are as secure as they were before the officer entered.
Return and retention of warrants
10 (1) A warrant which—
(a) has been executed, or
(b) has not been executed within the time authorised for its execution,
must be returned to the appropriate person.
(2) For the purposes of sub-paragraph (1) the appropriate person is—
(a) in the case of a warrant issued in England and Wales, the designated officer for the local justice area in which the justice was acting when the warrant was issued;
(b) in the case of a warrant issued in Scotland by a justice of the peace, the clerk of the justice of the peace court in the sheriffdom for which the justice of the peace was appointed;
(c) in the case of a warrant issued in Scotland by a sheriff or a summary sheriff, the sheriff clerk;
(d) in the case of a warrant issued in Northern Ireland, the clerk of petty sessions.
(3) A warrant that is returned under this paragraph must be retained by the person to whom it is returned for a period of 12 months.
(4) If during that period the occupier of the premises to which the warrant relates asks to inspect it, the occupier must be allowed to do so.”—(Justin Madders.)
This new Schedule makes further provision about applications for, and the execution of, warrants under Part 5.
Brought up, read the First and Second time, and added to the Bill.
New Schedule 2
Increase in time limits for making claims
“Safety Representatives and Safety Committees Regulations 1977
1 (1) In regulation 11 of the Safety Representatives and Safety Committees Regulations 1977 (S.I. 1977/500) (time off for safety representatives), in paragraph (2), for ‘three’, in both places it occurs, substitute ‘six’.
(2) In regulation 12 of those Regulations—
(a) in paragraph (2), for ‘three’ substitute ‘six’;
(b) in paragraph (3), for ‘three’ substitute ‘six’;
(c) in paragraph (4), for ‘three’ substitute ‘six’.
Trade Union and Labour Relations (Consolidation) Act 1992
2 (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.
(2) In section 66 (unjustifiable discipline by union), in subsection (2)(a), for ‘three’ substitute ‘six’.
(3) In section 68A (unauthorised deduction of union subscriptions), in subsection (1)(a), for ‘three’ substitute ‘six’.
(4) In section 70C (collective bargaining: obligations relating to training), in subsection (2)—
(a) in paragraph (a), for ‘three’ substitute ‘six’;
(b) in paragraph (b), for ‘three’ substitute ‘six’.
(5) In section 87 (unlawful deduction of contributions to political fund), in subsection (2)(a), for ‘three’ substitute ‘six’.
(6) In section 139 (refusal of employment on grounds related to union membership), in subsection (1)(a), for ‘three’ substitute ‘six’.
(7) In section 145C (inducements), in subsection (1)(a), for ‘three’ substitute ‘six’.
(8) In section 147 (detriment for trade union activities), in subsection (1)(a), for ‘three’ substitute ‘six’.
(9) In section 171 (time off for trade union activities), in subsection (1)(a), for ‘three’ substitute ‘six’.
(10) In section 189 (consultation in collective redundancy), in subsection (5)—
(a) in paragraph (b), for ‘three’ substitute ‘six’;
(b) in paragraph (c), for ‘three’ substitute ‘six’.
(11) In section 192 (remuneration under protective award), in subsection (2)—
(a) in paragraph (a), for ‘three’ substitute ‘six’;
(b) in paragraph (b), for ‘three’ substitute ‘six’.
(12) In paragraph 157 of Schedule A1 (detriment in relation to trade union recognition), in sub-paragraph (1)(a), for ‘3’ substitute ‘six’.
Pension Schemes Act 1993
3 In section 126 of the Pension Schemes Act 1993 (unpaid pension contributions), in subsection (2), for ‘three’ substitute ‘six’.
Employment Rights Act 1996
4 (1) The Employment Rights Act 1996 is amended as follows.
(2) In section 11 (written statements), in subsection (4)—
(a) in paragraph (a), for ‘three’ substitute ‘six’;
(b) in paragraph (b), for ‘three’ substitute ‘six’.
(3) In section 23 (protection of wages)—
(a) in subsection (2), for ‘three’ substitute ‘six’;
(b) in subsection (4), for ‘three’ substitute ‘six’.
(4) In section 27N (information relating to tips etc)—
(a) in subsection (2), for ‘three’ substitute ‘six’;
(b) in subsection (3), for ‘three’ substitute ‘six’.
(5) In section 34 (guarantee payments), in subsection (2)—
(a) in paragraph (a), for ‘three’ substitute ‘six’;
(b) in paragraph (b), for ‘three’ substitute ‘six’.
(6) In section 48 (detriment in employment), in subsection (3)—
(a) in paragraph (a), for ‘three’ substitute ‘six’;
(b) in paragraph (b), for ‘three’ substitute ‘six’.
(7) In section 51 (time off for public duties), in subsection (2)—
(a) in paragraph (a), for ‘three’ substitute ‘six’;
(b) in paragraph (b), for ‘three’ substitute ‘six’.
(8) In section 54 (time off following redundancy), in subsection (2)—
(a) in paragraph (a), for ‘three’ substitute ‘six’;
(b) in paragraph (b), for ‘three’ substitute ‘six’.
(9) In section 57 (time off for ante-natal care), in subsection (2)—
(a) in paragraph (a), for ‘three’ substitute ‘six’;
(b) in paragraph (b), for ‘three’ substitute ‘six’.
(10) In section 57ZC (time off for ante-natal care: agency workers), in subsection (3)—
(a) in paragraph (a), for ‘three’ substitute ‘six’;
(b) in paragraph (b), for ‘three’ substitute ‘six’.
(11) In section 57ZF (time off to accompany to ante-natal appointment), in subsection (2)—
(a) in paragraph (a), for ‘three’ substitute ‘six’;
(b) in paragraph (b), for ‘three’ substitute ‘six’.
(12) In section 57ZH (time off to accompany to ante-natal appointment: agency workers), in subsection (3)—
(a) in paragraph (a), for ‘three’ substitute ‘six’;
(b) in paragraph (b), for ‘three’ substitute ‘six’.
(13) In section 57ZM (time off to attend adoption appointments), in subsection (2)—
(a) in paragraph (a), for ‘three’ substitute ‘six’;
(b) in paragraph (b), for ‘three’ substitute ‘six’.
(14) In section 57ZQ (time off to attend adoption appointments: agency workers), in subsection (3)—
(a) in paragraph (a), for ‘three’ substitute ‘six’;
(b) in paragraph (b), for ‘three’ substitute ‘six’.
(15) In section 57B (time off for dependants), in subsection (2)—
(a) in paragraph (a), for ‘three’ substitute ‘six’;
(b) in paragraph (b), for ‘three’ substitute ‘six’.
(16) In section 60 (time off for pension scheme trustees), in subsection (2)—
(a) in paragraph (a), for ‘three’ substitute ‘six’;
(b) in paragraph (b), for ‘three’ substitute ‘six’.
(17) In section 63 (time off for employee representatives), in subsection (2)—
(a) in paragraph (a), for ‘three’ substitute ‘six’;
(b) in paragraph (b), for ‘three’ substitute ‘six’.
(18) In section 63C (time off for study or training), in subsection (2)—
(a) in paragraph (a), for ‘three’ substitute ‘six’;
(b) in paragraph (b), for ‘three’ substitute ‘six’.
(19) In section 63I (requests in relation to study or training), in subsection (5)—
(a) in paragraph (a), for ‘three’ substitute ‘six’;
(b) in paragraph (b), for ‘three’ substitute ‘six’.
(20) In section 70 (rights following suspension from work)—
(a) in subsection (2)—
(i) in paragraph (a), for ‘three’ substitute ‘six’;
(ii) in paragraph (b), for ‘three’ substitute ‘six’;
(b) in subsection (5)—
(i) in paragraph (a), for ‘three’ substitute ‘six’;
(ii) in paragraph (b), for ‘three’ substitute ‘six’.
(21) In section 70A (rights of agency worker where supply is ended on maternity grounds)—
(a) in subsection (2)—
(i) in paragraph (a), for ‘three’ substitute ‘six’;
(ii) in paragraph (b), for ‘three’ substitute ‘six’;
(b) in subsection (5)—
(i) in paragraph (a), for ‘three’ substitute ‘six’;
(ii) in paragraph (b), for ‘three’ substitute ‘six’.
(22) In section 80 (parental leave), in subsection (2)—
(a) in paragraph (a), for ‘three’ substitute ‘six’;
(b) in paragraph (b), for ‘three’ substitute ‘six’.
(23) In section 80H (right to request flexible working), in subsection (5)—
(a) in paragraph (a), for ‘three’ substitute ‘six’;
(b) in paragraph (b), for ‘three’ substitute ‘six’.
(24) In section 80N (carer’s leave), in subsection (2)—
(a) in paragraph (a), for ‘three’ substitute ‘six’;
(b) in paragraph (b), for ‘three’ substitute ‘six’.
(25) In section 111 (unfair dismissal), in subsection (2)—
(a) in paragraph (a), for ‘three’ substitute ‘six’;
(b) in paragraph (b), for ‘three’ substitute ‘six’.
(26) In section 188 (rights on insolvency of employer), in subsection (2)—
(a) in paragraph (a), for ‘three’ substitute ‘six’;
(b) in paragraph (b), for ‘three’ substitute ‘six’.
Health and Safety (Consultation with Employees) Regulations 1996
5 (1) In paragraph 3 of Schedule 2 to the Health and Safety (Consultation with Employees) Regulations 1996 (S.I. 1996/1513) (time off for representatives of employee safety etc), for ‘three’, in both places it occurs, substitute ‘six’.
(2) In paragraph 3A of that Schedule—
(a) in sub-paragraph (2), for ‘three’ substitute ‘six’;
(b) in sub-paragraph (3), for ‘three’ substitute ‘six’;
(c) in sub-paragraph (4), for ‘three’ substitute ‘six’.
Working Time Regulations 1998
6 In regulation 30 of the Working Time Regulations 1998 (S.I. 1998/1833) (rights as to working time), in paragraph (2)—
(a) in sub-paragraph (a), for the words from ‘three months’ to ‘six months)’ substitute ‘six months’;
(b) in sub-paragraph (b), omit ‘three or, as the case may be,’.
National Minimum Wage Act 1998
7 In section 11 of the National Minimum Wage Act 1998 (access to records)—
(a) in subsection (3), for ‘three’ substitute ‘six’;
(b) in subsection (4), for ‘three’ substitute ‘six’.
Employment Relations Act 1999
8 In section 11 of the Employment Relations Act 1999 (right to be accompanied), in subsection (2)—
(a) in paragraph (a), for ‘three’ substitute ‘six’;
(b) in paragraph (b), for ‘three’ substitute ‘six’.
Transnational Information and Consultation of Employees Regulations 1999
9 (1) In regulation 27 of the Transnational Information and Consultation of Employees Regulations 1999 (S.I. 1999/3323) (time off for members of a European Works Council etc)—
(a) in the heading, for ‘tribunals’ substitute ‘employment tribunals in Great Britain’;
(b) in paragraph (1), for the words from ‘complaint,’ to ‘, that’ substitute ‘complaint to an employment tribunal in Great Britain that’;
(c) in paragraph (2)—
(i) in sub-paragraph (a), for ‘three’ substitute ‘six’;
(ii) in sub-paragraph (b), for ‘three’ substitute ‘six’;
(d) omit paragraph (2B).
(2) In the heading of regulation 27A of those Regulations (extension of time limit to facilitate conciliation before institution of proceedings), at the end insert ‘in Great Britain’.
(3) After regulation 27A of those Regulations insert—
‘Right to time off: complaints to industrial tribunals in Northern Ireland
(1) An employee may present a complaint to an industrial tribunal in Northern Ireland that the employee’s employer–
(a) has unreasonably refused to permit the employee to take time off as required by regulation 25; or
(b) has failed to pay the whole or any part of any amount to which the employee is entitled under regulation 26.
(2) A tribunal shall not consider a complaint under this regulation unless it is presented–
(a) before the end of the period of three months beginning with the day on which the time off was taken or on which it is alleged the time off should have been permitted; or
(b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.
(3) Regulation 27B (extension of time limit to facilitate conciliation before institution of proceedings in Northern Ireland) applies for the purposes of paragraph (2).
(4) Where a tribunal finds a complaint under this regulation well-founded, the tribunal shall make a declaration to that effect.
(5) If the complaint is that the employer has unreasonably refused to permit the employee to take time off, the tribunal shall also order the employer to pay to the employee an amount equal to the remuneration to which the employee would have been entitled under regulation 26 if the employer had not refused.
(6) If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which the employee is entitled under regulation 26, the tribunal shall also order the employer to pay to the employee the amount which it finds due to the employee.’
(4) In regulation 27B of those Regulations (extension of time limit to facilitate conciliation before institution of proceedings in Northern Ireland)—
(a) in paragraph (2), for ‘27(2)(a)’ substitute ‘27AA(2)(a)’;
(b) in paragraph (3), for ‘27(2)(a)’ substitute ‘27AA(2)(a)’;
(c) in paragraph (4), for ‘27(2)(b)’ substitute ‘27AA(2)(b)’.
Merchant Shipping (Working Time: Inland Waterways) Regulations 2003
10 In regulation 18 of the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 (S.I. 2003/3049) (merchant shipping: rights as to working time), in paragraph (2)—
(a) in sub-paragraph (a), for ‘three’ substitute ‘six’;
(b) in sub-paragraph (b), for ‘three’ substitute ‘six’.
Civil Aviation (Working Time) Regulations 2004
11 In regulation 18 of the Civil Aviation (Working Time) Regulations 2004 (S.I. 2004/756) (civil aviation: rights as to working time), in paragraph (2)—
(a) in sub-paragraph (a), for ‘three’ substitute ‘six’;
(b) in sub-paragraph (b), for ‘three’ substitute ‘six’.
Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004
12 In regulation 19 of the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 (S.I. 2004/1713) (fishing vessels: rights to rest and leave), in paragraph (2)—
(a) in sub-paragraph (a), for ‘three’ substitute ‘six’;
(b) in sub-paragraph (b), for ‘three’ substitute ‘six’.
Transfer of Undertakings (Protection of Employment) Regulations 2006
13 (1) The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) are amended as follows.
(2) In regulation 12 (notification of employee liability information), in paragraph (2)—
(a) in sub-paragraph (a), for ‘three’ substitute ‘six’;
(b) in sub-paragraph (b), for ‘three’ substitute ‘six’.
(3) In regulation 15 (information and consultation requirements), in paragraph (12)—
(a) in the words before sub-paragraph (a), for ‘three’ substitute ‘six’;
(b) in the words after sub-paragraph (b), for ‘three’ substitute ‘six’.
Cross-border Railway Services (Working Time) Regulations 2008
14 In regulation 17 of the Cross-border Railway Services (Working Time) Regulations 2008 (S.I. 2008/1660) (cross-border railway services: rights as to working time), in paragraph (2)—
(a) in sub-paragraph (a), for ‘three’ substitute ‘six’;
(b) in sub-paragraph (b), for ‘three’ substitute ‘six’.
European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009
15 In regulation 28 of the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 (S.I. 2009/2401) (time off for members of special negotiating body etc), in paragraph (2)—
(a) in sub-paragraph (a), for ‘three’ substitute ‘six’;
(b) in sub-paragraph (b), for ‘three’ substitute ‘six’.
Agency Workers Regulations 2010
16 In regulation 18 of the Agency Workers Regulations 2010 (S.I. 2010/93) (rights of agency workers), in paragraph (4), for ‘three’ substitute ‘six’.
Equality Act 2010
17 In section 123 of the Equality Act 2010 (discrimination etc at work), in subsection (1)(a), for “3” substitute “6”.
Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018
18 In regulation 26 of the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (S.I. 2018/58) (rights of seafarers to leave), in paragraph (6), for ‘three’ substitute ‘six’.”—(Justin Madders.)
This new Schedule would increase time limits for making claims in employment tribunals (and, in certain cases, industrial tribunals in Northern Ireland) from three months to six months.
Brought up, read the First and Second time, and added to the Bill.
New Schedule 3
Seafarers’ wages and working conditions
“Amendment of Seafarers’ Wages Act 2023
1 The Seafarers’ Wages Act 2023 (“the Act”) is amended in accordance with paragraphs 2 to 23.
Part 1 of the Act: relevant services
2 For the italic heading before section 1 substitute—
‘Part 1
Relevant services’.
3 In section 1 (services to which this Act applies)—
(a) for the heading substitute ‘Relevant services’;
(b) in subsection (1), for ‘This Act applies to’ substitute ‘In this Act, “relevant service” means’;
(c) in subsection (2), for ‘this Act does not apply to’ substitute ‘“relevant service” does not include’;
(d) for subsection (4) substitute—
‘(4) In this Act, “ship”—
(a) includes—
(i) any kind of vessel used in navigation, and
(ii) hovercraft;
(b) includes a ship which is registered in a State other than the United Kingdom.’
Chapter 1 of Part 2 of the Act: non-qualifying seafarers
4 After section 1 insert—
‘Part 2
Remuneration of seafarers
Chapter 1
Non-qualifying seafarers’.
5 In section 2 (non-qualifying seafarers), in paragraph (a), for ‘service to which this Act applies’ substitute ‘relevant service’.
Chapter 2 of Part 2 of the Act: national minimum wage equivalence declarations
6 For the italic heading before section 3 substitute—
‘Chapter 2
National minimum wage equivalence declarations’.
7 In section 3 (request for declaration)—
(a) in the heading, after ‘for’ insert ‘equivalence’;
(b) in subsection (1)—
(i) for ‘Act applies’ substitute ‘Chapter applies (see subsection (4A))’;
(ii) at the end insert ‘(see section 19 for the meaning of “relevant year”)’;
(c) after subsection (4) insert—
‘(4A) This Chapter applies to a relevant service, subject to provision made by remuneration regulations in reliance on section 4A(6).’;
(d) omit subsections (5) and (6).
8 In section 4 (nature of declaration)—
(a) in the heading, after ‘of’ insert ‘equivalence’;
(b) after subsection (5) insert—
‘(5A) For the meaning of “UK work”, see section 19.
(5B) For the meaning of “national minimum wage equivalent”, see section 4D(1).’;
(c) omit subsections (6) to (10).
Chapters 3 and 4 of Part 2 of the Act: remuneration regulations and declarations
9 After section 4 insert—
‘Chapter 3
Remuneration regulations and declarations
Remuneration regulations
4A Remuneration regulations
(1) Regulations may specify requirements relating to the remuneration of non-qualifying seafarers in respect of their work carried out in relation to the provision of a relevant service (whether or not in the territorial waters of the United Kingdom).
(2) In this Act, regulations under subsection (1) are referred to as “remuneration regulations”.
(3) Remuneration regulations may relate to remuneration in respect of only some of the work carried out in relation to the provision of a relevant service, and may frame such provision by reference to the waters in which the work is carried out or in any other way.
(4) Remuneration regulations may apply to—
(a) all relevant services, or
(b) one or more relevant services of a specified description.
(5) For the purposes of subsection (4)(b), a service may be described by reference to (among other things) the route operated by the service.
(6) Remuneration regulations may provide that Chapter 2 does not apply to any extent to a relevant service to which the regulations apply.
Remuneration declarations
4B Request for remuneration declaration
(1) Subsection (2) applies where a harbour authority has reasonable grounds to believe that ships providing a service to which remuneration regulations apply will enter, or have entered, its harbour on at least—
(a) 120 occasions, or
(b) if remuneration regulations specify a higher number in relation to services of a specified description and the service is of that description, that higher number of occasions,
during a relevant year (see section 19 for the meaning of “relevant year”).
(2) The harbour authority must, within such period as is determined by regulations under this subsection, request that the operator of the service provide the authority with a remuneration declaration in respect of the service for the relevant year.
(3) The duty under subsection (2) is subject to any direction given by the Secretary of State under section 16(1)(a).
(4) A harbour authority which fails to comply with subsection (2) is guilty of an offence and liable on summary conviction—
(a) in England and Wales, to a fine, or
(b) in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.
4C Nature of remuneration declaration
(1) A remuneration declaration in respect of a service for a relevant year is a declaration within any of subsections (2) to (5).
(2) A declaration is within this subsection if it is provided before the beginning of the relevant year and it is to the effect that—
(a) in the relevant year there will be no non-qualifying seafarers working on ships providing the service, or
(b) in the relevant year non-qualifying seafarers working on ships providing the service will be remunerated in respect of their work in relation to the service in accordance with the remuneration regulations that apply in relation to them.
(3) A declaration is within this subsection if it is provided during the relevant year and it is to the effect that—
(a) in what remains of the relevant year there will be no non-qualifying seafarers working on ships providing the service, or
(b) in what remains of the relevant year non-qualifying seafarers working on ships providing the service will be remunerated in respect of their work in relation to the service in accordance with the remuneration regulations that apply in relation to them.
(4) A declaration is within this subsection if it is provided during the relevant year and it is to the effect that—
(a) in so much of the relevant year as has already occurred—
(i) there have been no non-qualifying seafarers working on ships providing the service, or
(ii) non-qualifying seafarers working on ships providing the service have been remunerated in respect of their work in relation to the service in accordance with the remuneration regulations that apply in relation to them, and
(b) in what remains of the relevant year—
(i) there will be no non-qualifying seafarers working on ships providing the service, or
(ii) non-qualifying seafarers working on ships providing the service will be remunerated in respect of their work in relation to the service in accordance with the remuneration regulations that apply in relation to them.
(5) A declaration is within this subsection if it is provided after the end of the relevant year and it is to the effect that—
(a) in the relevant year there were no non-qualifying seafarers working on ships providing the service, or
(b) in the relevant year non-qualifying seafarers working on ships providing the service were remunerated in respect of their work in relation to the service in accordance with the remuneration regulations that apply in relation to them.
Chapter 4
Chapters 2 and 3: supplementary regulations
4D Regulations about national minimum wage equivalent etc
(1) For the purposes of this Part, the national minimum wage equivalent is an hourly rate specified in regulations.
(2) Regulations may make provision for determining for the purposes of this Part—
(a) the hourly rate at which a non-qualifying seafarer is remunerated in any period in respect of any work, and
(b) whether, or the extent to which, a non-qualifying seafarer’s work in relation to a relevant service is UK work.
(3) Regulations under subsection (2)(a) may in particular make—
(a) any provision referred to in section 2(2) to (6) of the National Minimum Wage Act 1998;
(b) provision relating to currency conversion.
(4) Subsection (5) applies for the purposes of—
(a) section 4, and
(b) remuneration regulations that are framed by reference to the national minimum wage equivalent.
(5) The Secretary of State must in making regulations under this section seek to secure that a non-qualifying seafarer is remunerated at a rate equal to the national minimum wage equivalent only if their remuneration is in all the circumstances broadly equivalent to the remuneration they would receive if they qualified for the national minimum wage.’
Part 3 of the Act: seafarers’ working conditions
10 After section 4D (inserted by paragraph 9 of this Schedule) insert—
‘Part 3
Seafarers’ working conditions
Safe working regulations
4E Safe working regulations
(1) In this Part, “seafarer” means a person who works on a ship providing a relevant service.
(2) Regulations may specify conditions relating to the working pattern and rest requirements of seafarers who carry out work relating to the provision of a relevant service, including conditions about—
(a) their maximum periods of work in a specified period;
(b) their minimum periods of rest in a specified period.
(3) Regulations may make provision for the purpose of managing and mitigating risks arising from fatigue suffered by seafarers when carrying out their work relating to the provision of a relevant service.
(4) Regulations under subsection (3) may, among other things—
(a) require the operator of a relevant service to produce a plan to manage and mitigate risks arising from fatigue suffered by seafarers when carrying out their work relating to the provision of the service (a “fatigue management plan”);
(b) make provision about the contents of such a plan by reference to a specified document as amended from time to time.
(5) Regulations may make provision for and in connection with the training of seafarers who carry out work relating to the provision of a relevant service, for the purpose of ensuring—
(a) the safety of the ship on which they work,
(b) the safety of things on the ship, or
(c) the health or safety of persons on the ship.
(6) In this Act, regulations under subsection (2), (3) or (5) are referred to as “safe working regulations”.
(7) Safe working regulations may impose requirements on the operator of a relevant service.
(8) Safe working regulations may apply to—
(a) all relevant services, or
(b) one or more relevant services of a specified description.
(9) For the purposes of subsection (8)(b), a service may be described by reference to (among other things) the route operated by the service.
Safe working declarations
4F Request for safe working declaration
(1) Subsection (2) applies where a harbour authority has reasonable grounds to believe that ships providing a service to which safe working regulations apply will enter, or have entered, its harbour on at least—
(a) 120 occasions, or
(b) if safe working regulations specify a higher number in relation to services of a specified description and the service is of that description, that higher number of occasions,
during a relevant year (see section 19 for the meaning of “relevant year”).
(2) The harbour authority must, within such period as is determined by regulations under this subsection, request that the operator of the service provide the authority with a safe working declaration in respect of the service for the relevant year.
(3) The duty under subsection (2) is subject to any direction given by the Secretary of State under section 16(1)(a).
(4) A harbour authority which fails to comply with subsection (2) is guilty of an offence and liable on summary conviction—
(a) in England and Wales, to a fine, or
(b) in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.
4G Nature of safe working declaration
(1) A safe working declaration in respect of a service for a relevant year is a declaration within any of subsections (2) to (5).
(2) A declaration is within this subsection if it is provided before the beginning of the relevant year and it is to the effect that the safe working conditions will be met in relation to the service in the relevant year.
(3) A declaration is within this subsection if it is provided during the relevant year and it is to the effect that the safe working conditions will be met in relation to the service in what remains of the relevant year.
(4) A declaration is within this subsection if it is provided during the relevant year and it is to the effect that—
(a) the safe working conditions have been met in relation to the service in so much of the relevant year as has already occurred, and
(b) the safe working conditions will be met in relation to the service in what remains of the relevant year.
(5) A declaration is within this subsection if it is provided after the end of the relevant year and it is to the effect that the safe working conditions were met in relation to the service in the relevant year.
(6) For the purposes of this section the safe working conditions are met in relation to a service at a particular time if at that time—
(a) the service is operated in compliance with regulations under section 4E(2) or (3) that apply to the service,
(b) the service is operated in compliance with a fatigue management plan that is required for the service by regulations under section 4E(3) (see section 4E(4)), and
(c) the service is operated in compliance with regulations under section 4E(5) that apply to the service.
(7) References in subsection (6) to the operation of a service include references to its operation outside the territorial waters of the United Kingdom.’
Part 4 of the Act: enforcement of Parts 2 and 3
11 After section 4G (inserted by paragraph 10 of this Schedule) insert—
‘Part 4
Enforcement of Parts 2 and 3
Offence of operating service inconsistently with declaration’.
12 In section 5 (offence of operating service inconsistently with declaration)—
(a) in subsection (1)—
(i) for ‘service to which this Act applies’ substitute ‘relevant service’;
(ii) in paragraph (a), for ‘an equivalence declaration’ substitute ‘a declaration’;
(b) in subsections (2), (3) and (4), omit ‘equivalence’.
13 (1) Section 6 (imposition of surcharges: failure to provide declaration in time) is amended as follows.
(2) In subsection (1)(a)—
(a) for ‘service to which this Act applies’ substitute ‘relevant service’;
(b) for ‘an equivalence declaration’ substitute ‘a declaration’.
(3) In subsection (1)(b), for ‘an equivalence declaration’ substitute ‘the requested declaration’.
(4) In subsection (2)(b)(ii), for ‘an equivalence declaration’ substitute ‘the requested declaration’.
(5) In subsection (3)(b)(ii), for ‘an equivalence declaration’ substitute ‘the requested declaration’.
(6) In subsection (5)(a), for ‘an equivalence declaration’ substitute ‘the requested declaration’.
(7) In subsection (5)(b), for ‘section 4(4) or (5).’ substitute ‘—
(i) section 4(4) or (5),
(ii) section 4C(4) or (5), or
(iii) section 4G(4) or (5),
(whichever applies).’
(8) In subsection (6)—
(a) for ‘an equivalence declaration’ substitute ‘a declaration’;
(b) in the definition of ‘prescribed period’, for ‘3(5)(a)’ substitute ‘16A(1)(a)’;
(c) in the definition of ‘prescribed form and manner’, for ‘3(5)(b) and (c)’ substitute ‘16A(1)(b) and (c)’.
14 In section 7 (imposition of surcharges: in-year declaration that is prospective only), in subsection (1)—
(a) in paragraph (a)—
(i) for ‘service to which this Act applies’ substitute ‘relevant service’;
(ii) for ‘an equivalence declaration’ substitute ‘a declaration’;
(b) in paragraph (b), for ‘3(5)’ substitute ‘16A(1)’;
(c) in paragraph (c), for the words from ‘within subsection (3)’ to the end substitute ‘—
(i) within subsection (3) of section 4 (and not also within subsection (4) of that section),
(ii) within subsection (3) of section 4C (and not also within subsection (4) of that section), or
(iii) within subsection (3) of section 4G (and not also within subsection (4) of that section),
(whichever applies).’
15 (1) Section 8 (imposition of surcharges: operating inconsistently with declaration) is amended as follows.
(2) In subsection (1)(a)—
(a) for ‘service to which this Act applies” substitute ‘relevant service’;
(b) for ‘an equivalence declaration’ substitute ‘a declaration’.
(3) In subsection (3), after ‘equivalence declaration’ insert ‘, remuneration declaration or safe working declaration (as the case may be)’;
(4) In subsection (4)(a)—
(a) for ‘service to which this Act applies’ substitute ‘relevant service’;
(b) for ‘an equivalence declaration’ substitute ‘a declaration’.
(5) In subsection (6), after ‘equivalence declaration’ insert ‘, remuneration declaration or safe working declaration (as the case may be)’.
16 In section 11 (refusal of harbour access for failure to pay surcharge), in subsection (1), for ‘service to which this Act applies’ substitute ‘relevant service’.
17 (1) Section 12 (provision of information by operators) is amended as follows.
(2) In subsection (1)—
(a) for ‘service to which this Act applies’ substitute ‘relevant service’;
(b) in paragraphs (a) and (b), for ‘an equivalence declaration’ substitute ‘a declaration’.
(3) In subsection (2)—
(a) in paragraph (b), at the beginning insert ‘for the purposes of Part 2,’;
(b) after paragraph (b) insert—
‘(c) for the purposes of Part 3—
(i) information relating to the working pattern, working conditions or training of persons working on ships providing the service;
(ii) a fatigue management plan produced by the operator of the service (see section 4E(4)(a)).’
(4) In subsection (5), for ‘service to which this Act applies’ substitute ‘relevant service’.
18 In section 13 (provision of information by harbour authorities), in subsection (2)(b), omit ‘equivalence’.
19 In section 14 (inspections), in subsection (2)—
(a) in paragraph (a), for ‘service to which this Act applies’ substitute ‘relevant service’;
(b) in paragraphs (a) and (b), for ‘an equivalence declaration’ substitute ‘a declaration’.
Part 5 of the Act: general and final provisions
20 After section 15 insert—
‘Part 5
General and final provisions’.
21 After section 16 insert—
‘16A Regulations about declarations
(1) Regulations may make provision—
(a) as to the period within which declarations are to be provided;
(b) as to the wording of declarations and the form in which they are to be provided;
(c) as to the manner in which declarations are to be provided.
(2) Regulations under subsection (1)(b) may specify a single form combining different kinds of declarations (but a requirement to provide a declaration in such a form does not require an operator of a service to provide a declaration which a harbour authority has not requested the operator to provide).’
22 In section 17 (regulations)—
(a) in the heading, at the end insert ‘: general’;
(b) in subsection (2)(a), for sub-paragraph (i) (but not the ‘or’ after it) substitute—
‘(i) relevant service,’.
23 (1) Section 19 (general interpretation) is amended as follows.
(2) After the definition of ‘the data protection legislation’ insert—
‘“declaration” (without more) means—
(a) an equivalence declaration,
(b) a remuneration declaration, or
(c) a safe working declaration;’.
(3) Omit the definition of ‘national minimum wage equivalent’.
(4) In the definition of ‘operator’, for ‘service to which this Act applies’ substitute ‘relevant service’.
(5) After the definition of ‘operator’ insert—
‘“relevant service” has the meaning given by section 1;’.
(6) In the definition of ‘relevant year’, for ‘has the meaning given by section 3(6);’ substitute ‘means—
(a) the period of 12 months beginning with a date specified in regulations, and
(b) each successive period of 12 months;’.
(7) After the definition of ‘relevant year’ insert—
‘“remuneration declaration” has the meaning given by section 4C(1);
“remuneration regulations” has the meaning given by section 4A(2);
“safe working declaration” has the meaning given by section 4G(1);
“safe working regulations” has the meaning given by section 4E(6);’.
(8) In the definition of ‘UK work’, for ‘has the meaning given by section 4(10)’ substitute ‘means work which is carried out in the United Kingdom or its territorial waters’.
Amendment of title of the Act
24 (1) The Seafarers’ Wages Act 2023 may be cited as the Seafarers (Wages and Working Conditions) Act 2023.
(2) For the words ‘Seafarers’ Wages Act 2023’ wherever they occur in any enactment substitute ‘Seafarers (Wages and Working Conditions) Act 2023’.”—(Justin Madders.)
This schedule amends the Seafarers’ Wages Act 2023 to give the Secretary of State power to make regulations specifying conditions relating to the wages and working conditions of seafarers working on ships providing services currently covered by that Act. Those conditions are enforceable in the same way as existing provisions of that Act.
Brought up, read the First and Second time, and added to the Bill.
Clause 113
Power to make consequential amendments
Question proposed, That the clause stand part of the Bill.