Bermuda Consolidated Legislation

 

BERMUDA STATUTORY INSTRUMENT

BR 31/1997

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

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—

(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, [title 5 item 16] 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, [title 18 item 6] 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 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 [title 30 item 8].

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.

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