| Commentary

(2) Seafarers

| Commentary

(2)     Seafarers

WTR reg 18 excludes altogether from the provisions of the WTR certain categories of seafarers, sea-fishermen and workers on vessels on inland waterways. Each of these categories is excluded from the WTD and is in turn covered by a separate legislative scheme; the details briefly are as follows:

  1.  

    —     Seafarers within the scope of the Merchant Shipping (Hours of Work) Regulations 2002 SI 2002/2125. These Regulations were originally made to give domestic effect to Directive 99/63/EC, at PII [701], but have more recently been extended to take account of the ILO Maritime Labour Convention 2006 (MLC) (see further below).

  2.  

    The Regulations cover working hours, rest periods, and annual leave entitlement, and include a prohibition on night work for those under 18 and inspection and enforcement powers, which include inspection of records of working hours on vessels flagged in another EU member state whilst berthed in a British port and in extreme cases power to detain vessels berthed in UK ports.

  3.  

    The 1999 Directive was extensively amended by Directive 2009/13, which gives effect to a Framework Agreement, which in turn was made to

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