Merchant Shipping (Employment Of Young Persons) Regulations

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1997/Statutory%20Instruments/Merchant%20Shipping%20%28Employment%20Of%20Young%20Persons%29%20Regulations%20.pdf
Published: 1997

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Merchant Shipping (Employment Of Young Persons) Regulations 1997
Title 31
Laws of Bermuda Item 16(a)

1989 Revision 1

BERMUDA STATUTORY INSTRUMENT

BR 31/1997

THE MERCHANT SHIPPING (EMPLOYMENT OF YOUNG
PERSONS) REGULATIONS 1997

[made under section 48 (2) of the Merchant Shipping Act 1979 [title 31 item
16] and brought into operation on 30 May 1997]

ARRANGEMENT OF REGULATIONS

1 Citation
2 Interpretation and

application
3 Children

4 Young persons' medical
certificates

5 Record of young persons
6 Trimmers and stokers

The Minister, in exercise of the power conferred upon him by
section 48(2) of the Merchant Shipping Act 1979, makes the following
Regulations:

Citation
1 These Regulations may be cited as the Merchant Shipping
(Employment of Young Persons) Regulations 1997.

Interpretation and application
2 (1) In these Regulations —

"Bermuda ship" means a ship which—

THE MERCHANT SHIPPING (EMPLOYMENT OF YOUNG
PERSONS) REGULATIONS 1997

2 1989 Revision

(a) is registered in Bermuda; or

(b) is not registered under the law of any country but is
wholly owned by persons each of whom is—

(i) a person who has Bermudian status within the
meaning of that expression in the Bermuda
Immigration and Protection Act 1956, a British
citizen, a British Dependent Territories Citizen or
a British Overseas Citizen; or

(ii) a body corporate which is established under the
law of Bermuda and has its principal place of
business in Bermuda;

"child" means a person who is under the age of sixteen years;

"training ship" means a ship operated for the purpose of
educating or training children;

"young person" means a person under the age of eighteen years.

Children
3 Without prejudice to any restrictions in the Employment of
Children and Young Persons Act 1963, and subject to regulations 4 and
6, a child who has attained the age of fourteen years may be employed in
a training ship, which is a Bermuda ship, on a course recognised by the
Minister for the time being responsible for education.

Young persons' medical certificates
4 (1) Subject to paragraphs (2) and (3), a young person shall not
be employed in any capacity in a Bermuda ship unless there has been
delivered to the master of the ship a certificate granted by a duly
registered medical practitioner certifying that the young person is fit to
be employed in that capacity.

(2) Paragraph (1) does not apply in the case of employment in a
Bermuda ship in which only members of the same family are employed.

(3) A superintendent or consular officer may on the ground of
urgency authorise a young person who is not a child to be employed in a
Bermuda ship notwithstanding that no such certificate has been
delivered to the master of the ship; but the young person shall not be
employed in reliance on any such authorisation beyond the first port at
which that ship calls after he has embarked thereon.

(4) A certificate shall be effective for the purposes of this
regulation for a period of twelve months from the date on which it is
granted and no longer, but if the period of twelve months expires during

Title 31
Laws of Bermuda Item 16(a)

1989 Revision 3

a voyage in which the young person is employed in the ship, the
certificate shall remain effective until the end of the voyage.

(5) In paragraph (1), a "registered medical practitioner" has the
meaning assigned to that expression by section 1 of the Medical
Practitioners Act 1950.

Record of young persons
5 (1) There shall be included in every crew agreement a list of the
young persons who are employed in the ship, together with particulars of
their dates of birth.

(2) There shall be included in every crew agreement a short
summary of the provisions of these Regulations.

(3) In the case of a Bermuda ship in which there is no crew
agreement, the master of the ship shall, if young persons are employed
in the ship, keep a register of those persons with particulars of their
dates of birth and of the dates on which they became employed in the
ship.

Trimmers and stokers
6 No young person shall be employed as a trimmer or stoker in
any ship.