Merchant Shipping (Medical Stores) Amendment Regulations 2011
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BERMUDA

MERCHANT SHIPPING (MEDICAL STORES) AMENDMENT REGULATIONS
2011

BR 53 / 2011

TABLE OF CONTENTS

Citation
Amends regulation 2
Amends regulation 3
Amends regulation 5
Inserts regulation 5A

The Minister responsible for Maritime Administration, in exercise of the power
conferred by sections 59(1)(a) and (b) of the Merchant Shipping Act 2002, makes the
following Regulations:

Citation
These Regulations, which amend the Merchant Shipping (Medical Stores)

Regulations 2005 (“the principal Regulations”), may be cited as the Merchant Shipping
(Medical Stores) Amendment Regulations 2011.

Amends regulation 2
The principal Regulations are amended, in regulation 2(1)—

by deleting the definition of “owner”;

by inserting the following in the appropriate alphabetical place—

“ “seafarer” means any person who is employed, or engaged, or works in
any capacity on board a ship and where there is doubt as to whether
a person working or engaged on a ship is a seafarer, the Minister shall

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2
3
4
5

1

2

(a)

(b)

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MERCHANT SHIPPING (MEDICAL STORES) AMENDMENT REGULATIONS
2011

make a determination, and shall be guided by the advice and guidance
of the International Labour Organization;

“shipowner” means the owner of the ship or another organization or
person, such as the manager, agent or bareboat charterer, who has
assumed the responsibility for the operation of the ship from the
owner;

“pleasure vessel” means—

a vessel which at the time it is being used is—

in the case of a vessel wholly owned by an individual or
individuals, used only for the sport or pleasure of the owner or
immediate family or friends of the owner; or in the case of a
vessel owned by a body corporate, used only for sport or
pleasure and on which the passengers are employees or officers
of the body corporate, or their immediate family or friends; and

on a voyage or excursion which is one for which the owner does
not receive money for or in connection with operating the vessel
or carrying any person, other than as a contribution to the
direct expenses of the operation of the vessel incurred during
the voyage or excursion, and no other payments are made by
or on behalf of the users of the vessel other than by the owner;
or

any vessel wholly owned by or on behalf of a member’s club
formed for the purpose of sport or pleasure which, at the time
it is being used, is used only for the sport or pleasure of
members of that club or their immediate family; and for the use
of which any charges levied are paid into club funds for the
general use of the club; and no other payments are made by or
on behalf of users of the vessel other than by the owner;

for the proposes of this definition “immediate family” means, in
relation to an individual, the husband or wife of the individual and
a relative of the individual or the individual’s spouse, and “relative”
means brother, sister, ancestor or lineal descendant.”

(a)

(i)

(ii)

(iii)

(b)

Amends regulation 3
The principal Regulations are amended, in regulation 3(1)(a), by deleting “, used for

non-commercial purposes and not manned by professional crews”.

Amends regulation 5
The principal Regulations are amended, by revoking regulation 5 and replacing it

with the following—

Notwithstanding the requirements for medical stores set out in
regulation 4, in the case of passenger ships in which a qualified doctor is always
“5 (1)

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MERCHANT SHIPPING (MEDICAL STORES) AMENDMENT REGULATIONS
2011

employed, the medical stores carried may be varied from those specified in
regulation 4 in accordance with current medical practice and where improved
medicines are available in lieu of those specified in regulation 4, provided always
that the capability to deliver medical care is not in any way reduced.

In the case of passenger ships in which a qualified doctor is always
employed, the competent person specified in regulation 11 to inspect the ship’s
medical stores annually may be that doctor and he shall maintain proper records
of the medical stores carried and the expiry dates of all medicines.”

(2)

Inserts regulation 5A
The principal Regulations are amended, by inserting the following regulation next

after regulation 5—

“Medical report forms
Every ship shall use a standard format of medical report forms and

that format shall be the format set out in the Ship Captain’s Medical Guide for the
purposes of reporting to relevant medical authorities ashore, or a format
recognisably similar to it.

The contents of medical report forms generated in accordance with
paragraph (1) shall be kept confidential and shall be used only to facilitate the
medical treatment of seafarers.”.

5A (1)

(2)

Made this 20th day of September, 2011



Minister of Transport

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