Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Amendment Regulations 2000

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/2000/Statutory%20Instruments/Merchant%20Shipping%20%28Crew%20Agreements%2C%20Lists%20of%20Crew%20and%20Discharge%20of%20Seamen%29%20Amendment%20Regulations%202000.pdf

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Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Amendment Regulations 2000
MERCHANT SHIPPING (CREW AGREEMENTS, LISTS OF CREW
AND DISCHARGE OF SEAMEN) AMENDMENT REGULATIONS
2000

1

BR 58 / 2000

MERCHANT SHIPPING ACT 1979

1979 : 16

MERCHANT SHIPPING (CREW AGREEMENTS, LISTS OF CREW
AND DISCHARGE OF SEAMEN) AMENDMENT REGULATIONS

2000

In exercise of the powers conferred upon the Minister of
Transport by section 65A of the Merchant Shipping Act 1979, the
following regulations are hereby made:

Citation and commencement
1 These Regulations may be cited as the Merchant Shipping (Crew
Agreements, Lists of Crew and Discharge of Seamen) Amendment
Regulations 2000 and shall come into operation on 1 September 2000.

Interpretation
2 In these Regulations, "the principal Regulations" means the
Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of
Seamen) Regulations 1991.

Part IIA inserted in principal Regulations
3 The principal Regulations are amended by inserting the following
part after Part II—

PART IIA

MERCHANT SHIPPING (CREW AGREEMENTS, LISTS OF CREW
AND DISCHARGE OF SEAMEN) AMENDMENT REGULATIONS
2000

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DISCHARGE BOOKS

Application for discharge book
22A (1) Subject to the provisions of these Regulations, a
person who satisfies the conditions specified in paragraph (2)
shall apply for a discharge book within 21 days of satisfying
those conditions.

(2) The conditions referred to in paragraph (1) are that
the person

(a) is employed as a seaman in a ship registered in
Bermuda;

(b) is not the holder of a discharge book issued in
accordance with these Regulations; and

(c) has not been required under regulation 22L to
surrender a discharge book issued in
accordance with these Regulations.

Exemption in certain cases
22B (1) Regulation 22A shall not apply to a person if he
holds a document

(a) containing substantially the same information
as a discharge book;

(b) which has been issued to him by or under the
authority of the government of a country or
territory specified in Schedule 1;

(c) of which he has not ceased to be regarded as the
holder by that government.

(2) Regulation 22A shall not apply to a person in the
employment of the Crown who is not ordinarily employed as
master or seaman.

Procedure for applying for discharge books
22C (1) A person applying for a discharge book shall

(a) make an application in accordance with
regulation 22N; and

(b) unless it has been lost or destroyed, produce to
the Registrar of Shipping or a superintendent

MERCHANT SHIPPING (CREW AGREEMENTS, LISTS OF CREW
AND DISCHARGE OF SEAMEN) AMENDMENT REGULATIONS
2000

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the latest discharge book, if any, previously held
by him.

(2) Any person required under the provisions of
regulation 22A(1) to apply for a discharge book who fails to make
an application for a discharge book in accordance with these
Regulations shall be guilty of an offence.

Issue of discharge books
22D (1) If a person applying for a discharge book

(a) is required under the provisions of regulation
22A (1) to apply for a discharge book; and

(b) has paid the prescribed fee;

the Minister shall issue to him a discharge book containing the
particulars set out in Schedule 2.

(2) If a person applying for a discharge book

(a) is exempt from the provisions of regulation 22A
to apply for a discharge book;

(b) is, or has been employed in a ship registered in
Bermuda; and

(c) has paid the prescribed fee;

the Minister may issue to him a discharge book containing the
particulars specified in Schedule 2.

Form and content of discharge book
22E A discharge book shall be in book form and shall provide
for there to be recorded in it from time to time, in relation to its
holder, statements of the following particulars

(a) those specified in Schedule 2 to these
regulations; and

(b) details of employment specified in regulation
25(1)(a)(i).

Entries in discharge books
22F (1) Entries in discharge books of the particulars

(a) referred to in paragraphs (a) and (b) of
regulation 22E may be made by a

MERCHANT SHIPPING (CREW AGREEMENTS, LISTS OF CREW
AND DISCHARGE OF SEAMEN) AMENDMENT REGULATIONS
2000

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superintendent, a proper officer or the Registrar
of Shipping;

(b) referred to in paragraph (b) of regulation 22E
may be made by the master of the ship in which
the holder is employed or by one of the ship's
officers authorised by the master in that behalf;

(c) referred to in paragraph 2 of Schedule 2 may be
made by the master of the ship in which the
holder is employed, or by the holder;

and by no other person.

(2) Any person authorised by this regulation to make
an entry in a discharge book shall, upon the discharge book
being produced to him for that purpose, make the entry unless
an entry of the same particulars appears to have been duly made
in it.

Correction of entries
22G A superintendent, a proper officer or the Registrar of
Shipping may at any time correct any entry in a discharge book.

Production of discharge books
22H (1) The holder of a discharge book shall produce it on
demand at any time

(a) to a superintendent, a proper officer or the
Registrar of Shipping;

(b) to his employer and to the master of the ship in
which the holder is employed; and

(c) to any other person authorised by regulation
22F to make an entry in it, for the purpose of
making that entry.

(2) The holder of a discharge book who fails to produce
it when required to do so in accordance with this regulation shall
be guilty of an offence.

(3) A person to whom a discharge book is produced
shall return it to the holder as soon as practicable after the entry
has been made or any inspection of it.

MERCHANT SHIPPING (CREW AGREEMENTS, LISTS OF CREW
AND DISCHARGE OF SEAMEN) AMENDMENT REGULATIONS
2000

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Delivery of discharge books
22I (1) Any person having possession of a discharge book
shall, after he becomes aware that the holder has died, has been
discharged from any ship, or has been left behind in any
country, deliver it to a superintendent or proper officer or to the
Registrar of Shipping as soon as practicable.

(2) Any person who fails to comply with the
requirements of this regulation shall be guilty of an offence.

Effect of loss, destruction, defacement or filling up of
discharge books
22J When

(a) his discharge book is lost, destroyed or defaced,
or

(b) the space provided in it for entries of any
particulars except those referred to in Schedule
2 is filled up,

a person shall cease to be regarded as the holder of a discharge
book and shall, within 21 days of satisfying the conditions
specified in regulation 22A(2), apply for a new discharge book.

Notification of errors in discharge book
22K (1) If it appears to the holder thereof that any entry in
a discharge book is not correct, he shall forthwith inform the
Registrar of Shipping or a superintendent.

(2) Any person who fails to comply with the
requirements of this regulation is guilty of an offence.

Surrender of discharge book
22L (1) If it appears to a superintendent, a proper officer, a
police officer or the Registrar of Shipping

(a) that the holder of a discharge book was not
entitled to apply for it at the time it was issued
to him; or

(b) that the person having possession of that
document is not the holder thereof;

the person (including the holder) having possession of that
document shall, on demand made by a superintendent, a proper
officer, a police officer, or the Registrar of Shipping (as the case
may be) surrender it to him.

MERCHANT SHIPPING (CREW AGREEMENTS, LISTS OF CREW
AND DISCHARGE OF SEAMEN) AMENDMENT REGULATIONS
2000

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(2) Any person who fails to comply with the
requirements of this regulation shall be guilty of an offence.

Alterations in discharge books
22M (1) No person other than the Minister, the Registrar of
shipping, proper officer, a superintendent or the master of the
ship in which the seaman is employed, as the case may be,
acting in accordance with the provisions of these Regulations,
shall make any mark or entry upon, or erase, cancel or alter any
mark or entry made upon or otherwise deface or destroy a
discharge book.

(2) Any person who contravenes the provisions of this
regulation shall be guilty of an offence.

Application relating to discharge books
22N (1) An application for the issue of a discharge book
shall be made in writing to the Registrar of Shipping or a
superintendent, and

(a) where

(i) the applicant produces to the Registrar of
Shipping or a superintendent a discharge
book held by him; or

(ii) it appears to the Registrar of Shipping or a
superintendent that the applicant has lost
his latest discharge book and that the
Minister has in his possession particulars
of any matters set out in Schedule 2;

shall state the applicant's name and particulars of such of the
other matters set out in Schedule 2 as are not correctly stated
in the document (if any) produced in accordance with this
paragraph, or in the particulars referred to in subparagraph (ii);
and

(b) in any other case, shall state particulars of the
matters required for the application set out in
the Schedule;

and the applicant shall furnish the Registrar of Shipping or a
superintendent such documents including 4 copies of a recent
head and shoulders photograph of himself measuring 50 mm by
50 mm (2 inches by 2 inches) and such other evidence as he
may require for the proper consideration of the application.

MERCHANT SHIPPING (CREW AGREEMENTS, LISTS OF CREW
AND DISCHARGE OF SEAMEN) AMENDMENT REGULATIONS
2000

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Offences
22O (1) Any offence under regulation 22C, 22H, 22I, 22K,
22L or 22M shall be punishable on summary conviction with a
fine of $ 2000.

(2) It shall be a defence for a person charged under
any of those regulations to show he took all reasonable steps to
avoid the commission of the offence.".

Inserts Schedules
4 The principal Regulations are amended by inserting the following
Schedules

"SCHEDULE 1

(Regulation 22B(1))

Cayman Islands

Gibraltar

Isle of Man

United Kingdom

SCHEDULE 2

(Regulations 22D, 22E, 22F, 22J and 22N)

PARTICULARS TO BE FURNISHED IN APPLICATIONS FOR
DISCHARGE BOOKS

1. The full name of the person applying for the document.

2. His home address.

3. The date and place of his birth.

4. Any previous names, including in the case of a woman who
is or has been married, her maiden surname.

5. His nationality.

6. The colour of his eyes.

7. His distinguishing marks, if any.

8. His height.

9. The number of his discharge book, if any.

MERCHANT SHIPPING (CREW AGREEMENTS, LISTS OF CREW
AND DISCHARGE OF SEAMEN) AMENDMENT REGULATIONS
2000

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10. The grade, number and date of issue of any certificate of
competency held by him.

11. The name, relationship and address of his next of kin.".

Made this 17th day of August, 2000

Minister of Transport