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Return of seamen left behind or ship-wrecked

Merchant Shipping (Repatriation) Regulations

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—(1) The employer of a seaman to whom these Regulations apply shall make such provision as is necessary for the return of the seaman in accordance with regulation 8 —(a)if the seaman is available for return immediately after he is left behind or brought ashore after shipwreck, as soon as practicable; or(b)if for any reason the seaman is not available for return immediately after he is left behind or brought ashore after being shipwrecked, when he presents himself either to his employer or to his employer’s agent and asks to be returned.(2) The employer shall continue to make the provision referred to in paragraph (1) until the seaman is returned unless the seaman —(a)being fit and able to undertake employment in a ship, fails to comply with a reasonable request made of him by his employer that he should enter into an agreement for employment in any ship (except any such ship as is mentioned in regulation 9(1)(a)) in which he is, in accordance with the provision made by his employer, to be carried in the course of his return; or(b)without reasonable cause, fails to comply with any other reasonable arrangement made for him by his employer in relation to the provision for his return.(3) In deciding whether the seaman is to be returned by land, sea or air (or by a combination of any of those means), his employer shall have regard to all circumstances including the personal circumstances of the seaman and of any requirement special to him.(4) Where it appears to the Director that the employer of a seaman is unable to make, has failed to make or fails to continue to make provision necessary for the return of the seaman as referred to in paragraph (1), the Director may, in his discretion, make such provision and recover from the employer any costs and expense incurred by the Director in making such provision.

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