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These Regulations may be cited as the Merchant Shipping (Maritime Labour Convention) (Crew Accommodation) Regulations, 2014.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions 2. (1) In these Regulations \u2014 \u201cauthorized person\u201d means a person authorized by the Chief Executive Officer to carry out inspections and audits for the purposes of these Regulations and includes any surveyor of ships appointed under section 419 of the Law; \u201cChief Executive Officer\u201d means the Chief Executive Officer of MACI appointed under section 9 of the Maritime Authority Law (2013 Revision); \u201cCISN 03\/2014\u201d means Shipping Notice CISN 03\/2014 published by MACI regarding requirements and guidance for Crew Accommodation upon Cayman Islands ships constructed after the date on which these Regulations come into force; Regulation 3 Merchant Shipping (Maritime Labour Convention) (Crew Accommodation) Regulations, 2014 SL 46 of 2014 \u201cConvention Government\u201d means a Government, other than the Cayman Islands, which is a Party to the Maritime Labour Convention; \u201cDeclaration of Maritime Labour Compliance\u201d means, in relation to a ship, the valid Part 1 and Part 2 documents drawn up and issued in accordance with the Maritime Labour Convention, in the forms corresponding to the relevant models given in Appendix A5-II of the Convention and having the contents, duration and validity specified in regulation 5.1.3 and standard A5.1.3 of the Convention; \u201cMaritime Labour Certificate\u201d and \u201cinterim Maritime Labour Certificate\u201d means a Certificate issued in accordance with the Maritime Labour Convention; \u201cMaritime Labour Convention\u201d means the Convention adopted on 23rd February 2006 by the General Conference of the International Labour Organization, as may be amended from time to time; \u201cseafarer\u201d means any person, including a master, who is employed or engages or works in any capacity on board a ship and whose normal place of work is on a ship; and \u201cshipowner\u201d means \u2014 (a) in relation to a ship which has a valid Maritime Labour Certificate, the person identified as the shipowner on that Certificate; or (b) in relation to any other ship, the owner of the ship or, if different, any other organization or person such as the manager, or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the owner.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Application 3. (1) Subject to paragraph (3), these Regulations (other than regulations 11 and 12) apply to \u2014 (a) Cayman Islands ships, wherever they may be; and (b) while they are in Cayman Islands waters, to ships \u2014 (i) which are not Cayman Islands ships; and (ii) to which regulations 11 and 12 do not apply. (2) Regulations 11 and 12 apply to non-Cayman Islands ships, while they are within Cayman Islands waters if \u2014 (a) the Maritime Labour Convention is in force for the State whose flag the ship is entitled to fly; and (b) the ship carries \u2014 (i) a Maritime Labour Certificate to which a Declaration of Maritime Labour Compliance is attached; or Merchant Shipping (Maritime Labour Convention) (Crew Accommodation) Regulations, 2014 Regulation 4 SL 46 of 2014 (ii) an interim Maritime Labour Certificate. (3) These Regulations do not apply to \u2014 (a) pleasure vessels; (b) fishing vessels; (c) warships or naval auxiliaries; (d) offshore installations whilst on their working stations;\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Exemptions 4. (1) The Chief Executive Officer may exempt a ship of less than 200 gross tonnage from some or all of the requirements of these Regulations if \u2014 (a) the exemption \u2014 (i) is reasonable taking account of the size of the ship and the number of persons on board; (ii) does not result in overall facilities less favourable than those which would result if no exemption had been given; and (iii) relates to Standard A3.1.7(b), 11(d) and 13 of the Maritime Labour Convention or, as respects floor area only, Standard A3.1.9(f) and (h) to (l) of the Maritime Labour Convention; or (b) the exemption is otherwise expressly permitted in Standard A3.1 of the Maritime Labour Convention. (2) An exemption under this Regulation \u2014 (a) is valid only if given in writing, (b) may only be granted for particular circumstances in which the exemption can be clearly justified on strong grounds and subject to protecting seafarer\u2019s health and safety; (c) may be given subject to such conditions and limitations as the Chief Executive Officer considers fit, and (d) may be altered or cancelled by the Chief Executive Officer giving written notice to the shipowner. (3) In this regulation, \u201cgross tonnage\u201d means gross tonnage as determined under the Merchant Shipping (Tonnage) Regulations, 2002.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Equivalences 5. (1) As respects a particular ship, or ships of a particular description, the Chief Executive Officer may approve requirements which, when taken together with the conditions and limitations to which the approval is subject, the Chief Executive Officer considers are substantially equivalent to the requirements which are set out in CISN 03\/2014. Regulation 6 Merchant Shipping (Maritime Labour Convention) (Crew Accommodation) Regulations, 2014 SL 46 of 2014 (2) An approval under this regulation \u2014 (a) is valid only if given in writing; (b) may be given subject to such conditions and limitations as the Chief Executive Officer may specify; and (c) may be altered or cancelled by the Chief Executive Officer giving written notice to the shipowner.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Crew accommodation requirements 6. (1) Subject to regulation 16, a ship shall comply with the requirements relating to crew accommodation set out in CISN 03\/2014. (2) Crew accommodation shall be cleaned and maintained to conform with the requirements set out in CISN 03\/2014. (3) At intervals not exceeding 7 days, the master or a person authorized by the master shall \u2014 (a) inspect \u2014 (i) the crew accommodation, and (ii) the cleanliness and maintenance of the crew accommodation, and (b) record the findings of that inspection in the official log book of the ship.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Offences and penalties 7. (1) If a ship proceeds or attempts to proceed to sea or on a voyage or excursion without complying with the requirements of regulation 6(1), 6(2) or 16, the shipowner commits an offence and is liable \u2014 (a) on summary conviction, to a fine of ten thousand dollars, notwithstanding sections 6(2) and 8 of the Criminal Procedure Code (2013 Revision); and (b) on conviction on indictment, to a fine of fifty thousand dollars. (2) If a ship proceeds or attempts to proceed to sea or on a voyage or excursion without complying with a condition or limitation of an exemption under regulation 4 or of an approval under regulation 5, the shipowner commits an offence and is liable \u2014 (a) on summary conviction, to a fine of ten thousand dollars, notwithstanding sections 6(2) and 8 of the Criminal Procedure Code (2013 Revision); and (b) on conviction on indictment, to a fine of twenty-five thousand dollars. (3) Any contravention of regulation 6(3)(a) or (b) is an offence by the master punishable on summary conviction by a fine of ten thousand dollars, notwithstanding sections 6(2) and 8 of the Criminal Procedure Code (2013 Revision). Merchant Shipping (Maritime Labour Convention) (Crew Accommodation) Regulations, 2014 Regulation 8 SL 46 of 2014 (4) In any proceedings for an offence under this regulation, it is a defence for the person charged to prove that all reasonable steps had been taken by that person to ensure compliance with the requirements of the provision in question or, as respects an offence under paragraph (2), the requirements of the exemption or approval in question.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Inspection of ships 8. (1) For the purpose of checking compliance with these Regulations, an authorized person may at all reasonable times go on board a ship and inspect the ship, its equipment, any article and any document carried on it. (2) Sections 421(2) and (4) of the Law apply in relation to paragraph (1) as if references in those subsections to \u201csubsection (1)\u201d were references to paragraph (1). (3) Sections 422 (1), (2), (3) and (5) to (8) and 423(1) and (2) of the Law apply in relation to the inspection of a ship for the purposes of checking compliance with these Regulations as they apply in relation to the inspection of a ship for the purposes of checking compliance with the Law, as if \u2014 (a) references in those sections to \u201cthis Law\u201d were to these Regulations; (b) for section 422(1)(b) there were substituted a reference to any ship to which this regulation applies; and (c) in section 422(2)(h)(iii) the words \u201cor any instrument made under it\u201d were omitted. (4) Sections 423 to 429 of the Law apply for the purposes of these Regulations as if the relevant statutory provisions included these Regulations.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Detention of ships 9. (1) Where an authorized person has clear grounds for believing that, in relation to a ship to which these Regulations apply \u2014 (a) a ship is not in compliance with \u2014 (i) regulation 6; or (ii) a condition or limitation of an exemption under regulation 4 or an approval under regulation 5; and (b) the non-compliance represents \u2014 (i) a significant danger to the safety, health or security of seafarers, or (ii) a serious breach or the latest in a series of repeated breaches of the requirements of regulation 6, or a condition or limitation of an exemption under regulation 4 or an approval under regulation 5, the ship is liable to be detained. Regulation 10 Merchant Shipping (Maritime Labour Convention) (Crew Accommodation) Regulations, 2014 SL 46 of 2014 (2) The power under this regulation to detain a ship shall only be exercised if the ship in question is \u2014 (a) Cayman Islands ship; or (b) a non-Cayman Islands ship without a Maritime Labour Certificate whilst in a Cayman Islands port or Cayman Islands waters. (3) Section 444 of the Law applies where a ship is liable to be or is detained under this regulation as if references to the detention of a ship under that Law were references to these Regulations. (4) Where a ship is liable to be detained under these Regulations an authorized person shall serve on the master of the ship or other person for the time being in charge of the ship a detention notice which states the grounds for detention and the requirements to be complied with in respect of the notice in order for the ship to be released from the detention. (5) Where a ship which is detained under these Regulations is not a Cayman Islands ship the Chief Executive Officer shall immediately inform the Consul or a diplomatic representative of the State whose flag the ship is entitled to fly, or the appropriate maritime authorities of that State, of the detention and the grounds therefor. (6) Where a ship is detained under these Regulations an authorized person shall release the ship in accordance with the applicable provisions of section 444 of the Law. (7) It is prohibited for a ship on which a detention notice has been served to proceed to sea or attempt to proceed to sea unless a release from the detention has been issued in writing by an authorized person. (8) Notwithstanding that a detained ship may be eligible for release where any applicable fine, cost and expenses have been paid by the master or owner of the ship, or a security paid, in accordance with section 444 of the Law the ship shall not be released until any deficiency for which the vessel was detained has been rectified to the satisfaction of the Chief Executive Officer. 10. Crew accommodation requirements for non-Cayman Islands ships with Maritime Labour Certificates 10. (1) A ship to which this regulation applies shall comply with the requirements of Regulation 3.1 and Standard A3.1 of the Maritime Labour Convention. (2) The master or a person acting under the master\u2019s authority shall \u2014 (a) carry out inspections of a ship to which this regulation applies in accordance with Standard A3.1.18 of the Maritime Labour Convention; and (b) record the findings of such inspections and keep them available for review. Merchant Shipping (Maritime Labour Convention) (Crew Accommodation) Regulations, 2014 Regulation 11 SL 46 of 2014 (3) If a ship to which this regulation applies proceeds to sea in Cayman Islands waters or attempts to proceed to sea or on a voyage or excursion in Cayman Islands waters without complying with the requirements of paragraph (1), the shipowner commits an offence and is liable \u2014 (a) on summary conviction, to a fine of ten thousand dollars, notwithstanding sections 6(2) and 8 of the Criminal Procedure Code (2013 Revision); and (b) on conviction on indictment, to a fine of fifty thousand dollars. (4) Any contravention of paragraph (2)(a) or (b) is an offence by the master punishable on summary conviction by a fine of ten thousand dollars, notwithstanding sections 6(2) and 8 of the Criminal Procedure Code (2013 Revision). (5) In any proceedings for an offence under this regulation, it is a defence for the person charged to prove that all reasonable steps had been taken by that person to ensure compliance with the provision in question.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Inspection of non-Cayman Islands ships with Maritime Labour Certificates 11. (1) An authorized person may as respects a ship to which this regulation applies \u2014 (a) review the ship\u2019s Maritime Labour Certificate and Declaration of Maritime Labour Compliance or the ship\u2019s interim Maritime Labour Certificate; and (b) where Standard A5.2.1 of the Maritime Labour Convention applies, carry out a more detailed inspection in accordance with that Standard. (2) Where an authorized person has power to inspect a ship under paragraph (1)(b), regulation 10 applies to that ship.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Detention of non-Cayman Islands ships with Maritime Labour Certificates 12. (1) Where an authorized person inspects a ship under regulation 11 and has clear grounds for believing that \u2014 (a) the ship does not comply with the requirements of the Maritime Labour Convention; and (b) the non-compliance represents a serious or repeated breach of the requirements of the Maritime Labour Convention, the ship is liable to be detained. (2) Where a ship is liable to be detained or is detained under this regulation, section 444 of the Law applies as if \u2014 Regulation 13 Merchant Shipping (Maritime Labour Convention) (Crew Accommodation) Regulations, 2014 SL 46 of 2014 (a) references to the detention of a ship under the Law were references to the detention of the ship in question under this regulation; and (b) subsection (7) were omitted. (3) Where a ship is detained under this regulation, the Chief Executive Officer shall immediately inform the consul or diplomatic representative of the State whose flag the ship is entitled to fly, or the appropriate maritime authorities of that State. (4) Where a ship is detained under this regulation but the failure to comply referred to in paragraph (1) has ceased, a person having power to detain the ship shall, at the request of the shipowner or master, immediately release the ship.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Right of appeal and compensation 13. Regulations 12 and 13 of the Merchant Shipping (Port State Control) Regulations, 2003, shall have effect in relation to a detention notice served under these Regulations subject to the reference in those Regulations to inspector being taken to include a reference to a surveyor.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Defence 14. It is a defence for a person charged with an offence under these Regulations to show that the offence was committed without that person\u2019s knowledge or, where the person had such knowledge, that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Repeal 15. The Merchant Shipping (Crew Accommodation) Regulations 1988 are repealed. 16. Transitional provisions 16. (1) A ship the keel of which was laid or which was at a similar stage of construction before 11th July 1997 \u2014 (a) as respects crew accommodation which has not been substantially reconstructed or altered on or after 11th July 1997, shall comply with the requirements of Part II and Schedule 6 to the Merchant Shipping (Crew Accommodation) Regulations 1988, as if they had not been repealed; and (b) as respects crew accommodation which has been substantially reconstructed or altered on or after 11th July 1997 but before the date on which these Regulations come into force, shall comply with the requirements of Part I of the Merchant Shipping (Crew Accommodation) Regulations 1988 as if they had not been repealed. (2) A ship the keel of which was laid or which was at a similar stage of construction on or after 11th July 1997 but before the date on which these Merchant Shipping (Maritime Labour Convention) (Crew Accommodation) Regulations, 2014 Regulation 16 SL 46 of 2014 Regulations come into force shall, as respects crew accommodation which has not been substantially reconstructed or altered on or after the date on which these Regulations come into force, comply with the requirements of Part I of the Merchant Shipping (Crew Accommodation) Regulations 1988 as if they had not been repealed. (3) In this regulation, \u201csimilar stage of construction\u201d means the stage at which \u2014 (a) construction identifiable with a specific ship begins; and (b) assembly of that ship has commenced comprising at least 50 tonnes or one per cent of the estimated mass of all structural material, whichever is less. Made in Cabinet the 19th day of August, 2014. 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(Crew\nAccommodation) Regulations, 2014\nArrangement of Regulations\n\nc\nSL 46 of 2014\nPage 3\n\nCAYMAN ISLANDS\n\nMerchant Shipping Law\nMERCHANT SHIPPING (MARITIME LABOUR\nCONVENTION) (CREW ACCOMMODATION)\nREGULATIONS, 2014\n(SL 46 of 2014)\nArrangement of Regulations\nRegulation\nPage\n1.\nCitation ......................................................................................................................................5\n2.\nDefinitions ..................................................................................................................................5\n3.\nApplication .................................................................................................................................6\n4.\nExemptions ................................................................................................................................7\n5.\nEquivalences .............................................................................................................................7\n6.\nCrew accommodation requirements ...........................................................................................8\n7.\nOffences and penalties ..............................................................................................................8\n8.\nInspection of ships .....................................................................................................................9\n9.\nDetention of ships ......................................................................................................................9\n10.\nCrew accommodation requirements for non-Cayman Islands ships with Maritime Labour\nCertificates .............................................................................................................................. 10\n11.\nInspection of non-Cayman Islands ships with Maritime Labour Certificates .............................. 11\n12.\nDetention of non-Cayman Islands ships with Maritime Labour Certificates ............................... 11\n13.\nRight of appeal and compensation ........................................................................................... 12\n14.\nDefence ................................................................................................................................... 12\n15.\nRepeal ..................................................................................................................................... 12\n16.\nTransitional provisions ............................................................................................................. 12\n\nMerchant Shipping (Maritime Labour Convention) (Crew\nAccommodation) Regulations, 2014\nRegulation 1\n\nc\nSL 46 of 2014\nPage 5\n\nCAYMAN ISLANDS\n\nMerchant Shipping Law\nMERCHANT SHIPPING (MARITIME LABOUR\nCONVENTION) (CREW ACCOMMODATION)\nREGULATIONS, 2014\n(SL 46 of 2014)\nThe Cabinet, in exercise of the powers conferred by sections 106 and 463 of the\nMerchant Shipping Law (2011 Revision), makes the following Regulations \u2014\n1.\nCitation\n1.\nThese Regulations may be cited as the Merchant Shipping (Maritime Labour\nConvention) (Crew Accommodation) Regulations, 2014.\n2.\nDefinitions\n2.\n(1) In these Regulations \u2014\n\u201cauthorized person\u201d means a person authorized by the Chief Executive\nOfficer to carry out inspections and audits for the purposes of these\nRegulations and includes any surveyor of ships appointed under section 419 of\nthe Law;\n\u201cChief Executive Officer\u201d means the Chief Executive Officer of MACI\nappointed under section 9 of the Maritime Authority Law (2013 Revision);\n\u201cCISN 03\/2014\u201d means Shipping Notice CISN 03\/2014 published by MACI\nregarding requirements and guidance for Crew Accommodation upon Cayman\nIslands ships constructed after the date on which these Regulations come into\nforce;\n\nRegulation 3\nMerchant Shipping (Maritime Labour Convention) (Crew\nAccommodation) Regulations, 2014\n\nPage 6\nSL 46 of 2014\nc\n\n\u201cConvention Government\u201d means a Government, other than the Cayman\nIslands, which is a Party to the Maritime Labour Convention;\n\u201cDeclaration of Maritime Labour Compliance\u201d means, in relation to a ship,\nthe valid Part 1 and Part 2 documents drawn up and issued in accordance with\nthe Maritime Labour Convention, in the forms corresponding to the relevant\nmodels given in Appendix A5-II of the Convention and having the contents,\nduration and validity specified in regulation 5.1.3 and standard A5.1.3 of the\nConvention;\n\u201cMaritime\nLabour\nCertificate\u201d\nand\n\u201cinterim\nMaritime\nLabour\nCertificate\u201d means a Certificate issued in accordance with the Maritime\nLabour Convention;\n\u201cMaritime Labour Convention\u201d means the Convention adopted on 23rd\nFebruary 2006 by the General Conference of the International Labour\nOrganization, as may be amended from time to time;\n\u201cseafarer\u201d means any person, including a master, who is employed or engages\nor works in any capacity on board a ship and whose normal place of work is\non a ship; and\n\u201cshipowner\u201d means \u2014\n(a)\nin relation to a ship which has a valid Maritime Labour Certificate, the\nperson identified as the shipowner on that Certificate; or\n(b) in relation to any other ship, the owner of the ship or, if different, any\nother organization or person such as the manager, or the bareboat\ncharterer, that has assumed the responsibility for the operation of the ship\nfrom the owner.\n3.\nApplication\n3.\n(1) Subject to paragraph (3), these Regulations (other than regulations 11 and 12)\napply to \u2014\n(a)\nCayman Islands ships, wherever they may be; and\n(b) while they are in Cayman Islands waters, to ships \u2014\n(i)\nwhich are not Cayman Islands ships; and\n(ii) to which regulations 11 and 12 do not apply.\n(2) Regulations 11 and 12 apply to non-Cayman Islands ships, while they are\nwithin Cayman Islands waters if \u2014\n(a)\nthe Maritime Labour Convention is in force for the State whose flag the\nship is entitled to fly; and\n(b) the ship carries \u2014\n(i)\na Maritime Labour Certificate to which a Declaration of Maritime\nLabour Compliance is attached; or\n\nMerchant Shipping (Maritime Labour Convention) (Crew\nAccommodation) Regulations, 2014\nRegulation 4\n\nc\nSL 46 of 2014\nPage 7\n\n(ii) an interim Maritime Labour Certificate.\n(3) These Regulations do not apply to \u2014\n(a)\npleasure vessels;\n(b) fishing vessels;\n(c)\nwarships or naval auxiliaries;\n(d) offshore installations whilst on their working stations;\n4.\nExemptions\n4.\n(1) The Chief Executive Officer may exempt a ship of less than 200 gross tonnage\nfrom some or all of the requirements of these Regulations if \u2014\n(a)\nthe exemption \u2014\n(i)\nis reasonable taking account of the size of the ship and the number\nof persons on board;\n(ii) does not result in overall facilities less favourable than those which\nwould result if no exemption had been given; and\n(iii) relates to Standard A3.1.7(b), 11(d) and 13 of the Maritime Labour\nConvention or, as respects floor area only, Standard A3.1.9(f)\nand (h) to (l) of the Maritime Labour Convention; or\n(b) the exemption is otherwise expressly permitted in Standard A3.1 of the\nMaritime Labour Convention.\n(2) An exemption under this Regulation \u2014\n(a)\nis valid only if given in writing,\n(b) may only be granted for particular circumstances in which the exemption\ncan be clearly justified on strong grounds and subject to protecting\nseafarer\u2019s health and safety;\n(c)\nmay be given subject to such conditions and limitations as the Chief\nExecutive Officer considers fit, and\n(d) may be altered or cancelled by the Chief Executive Officer giving written\nnotice to the shipowner.\n(3) In this regulation, \u201cgross tonnage\u201d means gross tonnage as determined under\nthe Merchant Shipping (Tonnage) Regulations, 2002.\n5.\nEquivalences\n5.\n(1) As respects a particular ship, or ships of a particular description, the Chief\nExecutive Officer may approve requirements which, when taken together with\nthe conditions and limitations to which the approval is subject, the Chief\nExecutive Officer considers are substantially equivalent to the requirements\nwhich are set out in CISN 03\/2014.\n\nRegulation 6\nMerchant Shipping (Maritime Labour Convention) (Crew\nAccommodation) Regulations, 2014\n\nPage 8\nSL 46 of 2014\nc\n\n(2) An approval under this regulation \u2014\n(a)\nis valid only if given in writing;\n(b) may be given subject to such conditions and limitations as the Chief\nExecutive Officer may specify; and\n(c)\nmay be altered or cancelled by the Chief Executive Officer giving written\nnotice to the shipowner.\n6.\nCrew accommodation requirements\n6.\n(1) Subject to regulation 16, a ship shall comply with the requirements relating to\ncrew accommodation set out in CISN 03\/2014.\n(2) Crew accommodation shall be cleaned and maintained to conform with the\nrequirements set out in CISN 03\/2014.\n(3) At intervals not exceeding 7 days, the master or a person authorized by the\nmaster shall \u2014\n(a)\ninspect \u2014\n(i)\nthe crew accommodation, and\n(ii) the cleanliness and maintenance of the crew accommodation, and\n(b) record the findings of that inspection in the official log book of the ship.\n7.\nOffences and penalties\n7.\n(1) If a ship proceeds or attempts to proceed to sea or on a voyage or excursion\nwithout complying with the requirements of regulation 6(1), 6(2) or 16, the\nshipowner commits an offence and is liable \u2014\n(a)\non summary conviction, to a fine of ten thousand dollars,\nnotwithstanding sections 6(2) and 8 of the Criminal Procedure Code\n(2013 Revision); and\n(b) on conviction on indictment, to a fine of fifty thousand dollars.\n(2) If a ship proceeds or attempts to proceed to sea or on a voyage or excursion\nwithout complying with a condition or limitation of an exemption under\nregulation 4 or of an approval under regulation 5, the shipowner commits an\noffence and is liable \u2014\n(a)\non summary conviction, to a fine of ten thousand dollars,\nnotwithstanding sections 6(2) and 8 of the Criminal Procedure Code\n(2013 Revision); and\n(b) on conviction on indictment, to a fine of twenty-five thousand dollars.\n(3) Any contravention of regulation 6(3)(a) or (b) is an offence by the master\npunishable on summary conviction by a fine of ten thousand dollars,\nnotwithstanding sections 6(2) and 8 of the Criminal Procedure Code (2013\nRevision).\n\nMerchant Shipping (Maritime Labour Convention) (Crew\nAccommodation) Regulations, 2014\nRegulation 8\n\nc\nSL 46 of 2014\nPage 9\n\n(4) In any proceedings for an offence under this regulation, it is a defence for the\nperson charged to prove that all reasonable steps had been taken by that person\nto ensure compliance with the requirements of the provision in question or, as\nrespects an offence under paragraph (2), the requirements of the exemption or\napproval in question.\n8.\nInspection of ships\n8.\n(1) For the purpose of checking compliance with these Regulations, an authorized\nperson may at all reasonable times go on board a ship and inspect the ship, its\nequipment, any article and any document carried on it.\n(2) Sections 421(2) and (4) of the Law apply in relation to paragraph (1) as if\nreferences in those subsections to \u201csubsection (1)\u201d were references to\nparagraph (1).\n(3) Sections 422 (1), (2), (3) and (5) to (8) and 423(1) and (2) of the Law apply in\nrelation to the inspection of a ship for the purposes of checking compliance\nwith these Regulations as they apply in relation to the inspection of a ship for\nthe purposes of checking compliance with the Law, as if \u2014\n(a)\nreferences in those sections to \u201cthis Law\u201d were to these Regulations;\n(b) for section 422(1)(b) there were substituted a reference to any ship to\nwhich this regulation applies; and\n(c)\nin section 422(2)(h)(iii) the words \u201cor any instrument made under it\u201d\nwere omitted.\n(4) Sections 423 to 429 of the Law apply for the purposes of these Regulations as\nif the relevant statutory provisions included these Regulations.\n9.\nDetention of ships\n9.\n(1) Where an authorized person has clear grounds for believing that, in relation to\na ship to which these Regulations apply \u2014\n(a)\na ship is not in compliance with \u2014\n(i)\nregulation 6; or\n(ii) a condition or limitation of an exemption under regulation 4 or an\napproval under regulation 5; and\n(b) the non-compliance represents \u2014\n(i)\na significant danger to the safety, health or security of seafarers, or\n(ii) a serious breach or the latest in a series of repeated breaches of the\nrequirements of regulation 6, or a condition or limitation of an\nexemption under regulation 4 or an approval under regulation 5,\nthe ship is liable to be detained.\n\nRegulation 10\nMerchant Shipping (Maritime Labour Convention) (Crew\nAccommodation) Regulations, 2014\n\nPage 10\nSL 46 of 2014\nc\n\n(2) The power under this regulation to detain a ship shall only be exercised if the\nship in question is \u2014\n(a)\nCayman Islands ship; or\n(b) a non-Cayman Islands ship without a Maritime Labour Certificate whilst\nin a Cayman Islands port or Cayman Islands waters.\n(3) Section 444 of the Law applies where a ship is liable to be or is detained under\nthis regulation as if references to the detention of a ship under that Law were\nreferences to these Regulations.\n(4) Where a ship is liable to be detained under these Regulations an authorized\nperson shall serve on the master of the ship or other person for the time being\nin charge of the ship a detention notice which states the grounds for detention\nand the requirements to be complied with in respect of the notice in order for\nthe ship to be released from the detention.\n(5) Where a ship which is detained under these Regulations is not a Cayman\nIslands ship the Chief Executive Officer shall immediately inform the Consul\nor a diplomatic representative of the State whose flag the ship is entitled to fly,\nor the appropriate maritime authorities of that State, of the detention and the\ngrounds therefor.\n(6) Where a ship is detained under these Regulations an authorized person shall\nrelease the ship in accordance with the applicable provisions of section 444 of\nthe Law.\n(7) It is prohibited for a ship on which a detention notice has been served to\nproceed to sea or attempt to proceed to sea unless a release from the detention\nhas been issued in writing by an authorized person.\n(8) Notwithstanding that a detained ship may be eligible for release where any\napplicable fine, cost and expenses have been paid by the master or owner of\nthe ship, or a security paid, in accordance with section 444 of the Law the ship\nshall not be released until any deficiency for which the vessel was detained has\nbeen rectified to the satisfaction of the Chief Executive Officer.\n10.\nCrew accommodation requirements for non-Cayman Islands ships with\nMaritime Labour Certificates\n10. (1) A ship to which this regulation applies shall comply with the requirements of\nRegulation 3.1 and Standard A3.1 of the Maritime Labour Convention.\n(2) The master or a person acting under the master\u2019s authority shall \u2014\n(a)\ncarry out inspections of a ship to which this regulation applies in\naccordance\nwith\nStandard\nA3.1.18\nof\nthe\nMaritime\nLabour\nConvention; and\n(b) record the findings of such inspections and keep them available for\nreview.\n\nMerchant Shipping (Maritime Labour Convention) (Crew\nAccommodation) Regulations, 2014\nRegulation 11\n\nc\nSL 46 of 2014\nPage 11\n\n(3) If a ship to which this regulation applies proceeds to sea in Cayman Islands\nwaters or attempts to proceed to sea or on a voyage or excursion in Cayman\nIslands waters without complying with the requirements of paragraph (1), the\nshipowner commits an offence and is liable \u2014\n(a)\non summary conviction, to a fine of ten thousand dollars,\nnotwithstanding sections 6(2) and 8 of the Criminal Procedure Code\n(2013 Revision); and\n(b) on conviction on indictment, to a fine of fifty thousand dollars.\n(4) Any contravention of paragraph (2)(a) or (b) is an offence by the master\npunishable on summary conviction by a fine of ten thousand dollars,\nnotwithstanding sections 6(2) and 8 of the Criminal Procedure Code (2013\nRevision).\n(5) In any proceedings for an offence under this regulation, it is a defence for the\nperson charged to prove that all reasonable steps had been taken by that person\nto ensure compliance with the provision in question.\n11.\nInspection of non-Cayman Islands ships with Maritime Labour Certificates\n11. (1) An authorized person may as respects a ship to which this regulation\napplies \u2014\n(a)\nreview the ship\u2019s Maritime Labour Certificate and Declaration of\nMaritime Labour Compliance or the ship\u2019s interim Maritime Labour\nCertificate; and\n(b) where Standard A5.2.1 of the Maritime Labour Convention applies, carry\nout a more detailed inspection in accordance with that Standard.\n(2) Where an authorized person has power to inspect a ship under\nparagraph (1)(b), regulation 10 applies to that ship.\n12.\nDetention of non-Cayman Islands ships with Maritime Labour Certificates\n12. (1) Where an authorized person inspects a ship under regulation 11 and has clear\ngrounds for believing that \u2014\n(a)\nthe ship does not comply with the requirements of the Maritime Labour\nConvention; and\n(b) the non-compliance represents a serious or repeated breach of the\nrequirements of the Maritime Labour Convention,\nthe ship is liable to be detained.\n(2) Where a ship is liable to be detained or is detained under this regulation,\nsection 444 of the Law applies as if \u2014\n\nRegulation 13\nMerchant Shipping (Maritime Labour Convention) (Crew\nAccommodation) Regulations, 2014\n\nPage 12\nSL 46 of 2014\nc\n\n(a)\nreferences to the detention of a ship under the Law were references to the\ndetention of the ship in question under this regulation; and\n(b) subsection (7) were omitted.\n(3) Where a ship is detained under this regulation, the Chief Executive Officer\nshall immediately inform the consul or diplomatic representative of the State\nwhose flag the ship is entitled to fly, or the appropriate maritime authorities of\nthat State.\n(4) Where a ship is detained under this regulation but the failure to comply\nreferred to in paragraph (1) has ceased, a person having power to detain the\nship shall, at the request of the shipowner or master, immediately release\nthe ship.\n13.\nRight of appeal and compensation\n13. Regulations 12 and 13 of the Merchant Shipping (Port State Control) Regulations,\n2003, shall have effect in relation to a detention notice served under these\nRegulations subject to the reference in those Regulations to inspector being taken to\ninclude a reference to a surveyor.\n14.\nDefence\n14. It is a defence for a person charged with an offence under these Regulations to show\nthat the offence was committed without that person\u2019s knowledge or, where the\nperson had such knowledge, that the person took all reasonable precautions and\nexercised all due diligence to avoid the commission of the offence.\n15.\nRepeal\n15. The Merchant Shipping (Crew Accommodation) Regulations 1988 are repealed.\n16.\nTransitional provisions\n16. (1) A ship the keel of which was laid or which was at a similar stage of\nconstruction before 11th July 1997 \u2014\n(a)\nas respects crew accommodation which has not been substantially\nreconstructed or altered on or after 11th July 1997, shall comply with the\nrequirements of Part II and Schedule 6 to the Merchant Shipping (Crew\nAccommodation) Regulations 1988, as if they had not been repealed; and\n(b) as respects crew accommodation which has been substantially\nreconstructed or altered on or after 11th July 1997 but before the date on\nwhich these Regulations come into force, shall comply with the\nrequirements of Part I of the Merchant Shipping (Crew Accommodation)\nRegulations 1988 as if they had not been repealed.\n(2) A ship the keel of which was laid or which was at a similar stage of\nconstruction on or after 11th July 1997 but before the date on which these\n\nMerchant Shipping (Maritime Labour Convention) (Crew\nAccommodation) Regulations, 2014\nRegulation 16\n\nc\nSL 46 of 2014\nPage 13\n\nRegulations come into force shall, as respects crew accommodation which has\nnot been substantially reconstructed or altered on or after the date on which\nthese Regulations come into force, comply with the requirements of Part I\nof the Merchant Shipping (Crew Accommodation) Regulations 1988 as if they\nhad not been repealed.\n(3) In this regulation, \u201csimilar stage of construction\u201d means the stage at which \u2014\n(a)\nconstruction identifiable with a specific ship begins; and\n(b) assembly of that ship has commenced comprising at least 50 tonnes or\none per cent of the estimated mass of all structural material, whichever\nis less.\nMade in Cabinet the 19th day of August, 2014.\nMeredith Hew\nActing Clerk of the Cabinet.","akn_extracted_at":"2026-06-22 15:39:06.332713+00","cms_id":"2014-0046","law_type":"subordinate","year":"2014","number":"46","title":"Merchant Shipping (Maritime Labour Convention) (Crew Accommodation) Regulations","status":"in_force"},"provenance":{"files":[{"file_id":"5674","expr_id":"604","kind":"akn_xml","filename":"2014-0046_SL 46 of 2014.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2014\/2014-0046\/2014-0046_SL 46 of 2014.akn.xml","content_md5":"03847bbdaedc8b156ed7161dd7513b0b","byte_size":"22951","http_last_modified":null,"fetched_at":"2026-06-22 15:39:06.595128+00"},{"file_id":"1207","expr_id":"604","kind":"pristine_pdf","filename":"2014-0046_SL 46 of 2014.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2014\/2014-0046\/2014-0046_SL 46 of 2014.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/SUBORDINATE\/2014\/2014-0046\/2014-0046_SL 46 of 2014.pdf","content_md5":"ecc3c9ebf478ed06f5b0968fbaf17dd9","byte_size":"384565","http_last_modified":null,"fetched_at":"2026-06-21 23:09:36.255954+00"},{"file_id":"1208","expr_id":"604","kind":"working_pdf","filename":"2014-0046_SL 46 of 2014.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2014\/2014-0046\/2014-0046_SL 46 of 2014.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2014\/2014-0046\/2014-0046_SL 46 of 2014.pdf","content_md5":"ecc3c9ebf478ed06f5b0968fbaf17dd9","byte_size":"384565","http_last_modified":null,"fetched_at":"2026-06-21 23:09:36.255954+00"}],"paragraph_count":8,"latest_history":null},"quality":{"expr_id":"604","doc_id":"604","quality_state":"needs_review","quality_score":"76","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise}","llm_categories":"{truncated_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,reextract_full_text,strip_page_furniture}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Sample shows likely truncation at Regulation\u202f4 and possible pagination header noise; human review recommended to ensure completeness and clean formatting.","assessed_at":"2026-06-22 15:29:45.831858+00","updated_at":"2026-06-22 15:29:45.831858+00"}}