Merchant Shipping Order, 2002 · As enacted · Part IV · Employment of Seamen
Section 86
Official textFrom Attorney General's Chambers, unchanged
Except as otherwise provided in subsection (3), the amount of a fine imposed on a seaman for a disciplinary offence, so far as not remitted by the master or on appeal, may be deducted from his wages or otherwise recovered by the person employing him and shall be paid by him (whether or not it has been so deducted or otherwise recovered) to the Director.
seaman
"seaman" includes every person employed or engaged in any capacity on board a ship on the business of the ship, other than- (a} the master of the ship; (b) a pilot; or (c) a person temporarily employed on the ship in port;
Except as otherwise provided in subsection (3) -
(a} if the wages or part thereof are paid by the master of a ship on his behalf or on behalf of the person employing the seaman, as the case may be, the said amount shall be paid at the time when the seaman leaves the ship at the end of his agreement or, if earlier, when his employment on the ship is terminated;
in any other case, the master shall at that time notify the amount to the person employing the seaman, and the person shall pay it when the next payment in respect of the seaman's wages falls to be made by him.
Where an appeal against such a fine is pending at the time mentioned in subsection (2), no amount shall by reason of the fine be deducted, recovered, paid or notified under subsections (1) and (2) until the appeal has been disposed of; but regulations made under section 83 may provide for the amount of the fine to be provisionally deducted from the seaman's wages pending the appeal.
Terms defined in s 2
Director
Defined · s 2"Director" means the Director of Marine appointed under section 4 and includes the Deputy Director of Marine;
master
Defined · s 2"master" includes every person, except a pilot, having command or charge of any ship;
seaman
Defined · s 2"seaman" includes every person employed or engaged in any capacity on board a ship on the business of the ship, other than- (a} the master of the ship; (b) a pilot; or (c) a person temporarily employed on the ship in port;
ship
Defined · s 2"ship" means any kind of vessel used in navigation by water, however propelled or moved and includes - (a} a barge, lighter or other floating vessel; and (b) an air cushion vehicle, or other similar craft, used wholly or primarily in navigation by water;
Part VI
Part VII
Part VIII
Part IX
Inquiries and Investigations
Part X