ABSTRACT

The Merchant Shipping Act 1995 requires that an agreement in writing be made between each crew member employed on a UK ship and employer, with the form and provisions of any such agreement to be approved by the Secretary of State. Commercially operated yachts to which the Maritime Labour Convention applies are required to carry seafarer employment agreements in the prescribed form. Neither the Maritime and Coastguard Agency template crew agreement contractual clauses, nor the model format seafarer employment agreement, contain a law and jurisdiction provision. The core laws relating to manning, qualifications and training requirements on UK ships are found in the Merchant Shipping Act 1995. Owners and operators are encouraged to undertake a formal safety risk assessment to assist in determining appropriate minimum safe manning levels. It is the owner/operator's responsibility to ensure that the yacht is adequately manned and that the crew have the relevant certification and experience relevant to the yacht's size, type and operation.