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These Regulations may be cited as the Merchant Shipping (Maritime Labour Convention) (Medical Care) Regulations, 2014.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions 2. (1) In these Regulations \u2014 \u201cauthorised person\u201d means a person authorised by the Chief Executive Officer to carry out inspections 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 06\/2014\u201d means Shipping Notice CISN 06\/2014 published by the Maritime Authority regarding the carriage of medical stores on Cayman Islands ships; \u201cLand Earth Station\u201d means a terrestrial communications station serving satellites forming part of the Global Maritime Distress and Safety System Regulation 3 Merchant Shipping (Maritime Labour Convention) (Medical Care) Regulations, 2014 SL 40 of 2014 introduced by amendments to the Safety Convention adopted on 11th November 1988; \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; \u201cmedical practitioner\u201d means a medical practitioner who is entitled to practise in the country or territory in which that practitioner is based and whose qualifications are as equivalent to those required of a practitioner based in the Islands who is a registered medical practitioner; \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; \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 organisation or person such as the manager, or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the owner; and \u201cSTCW\u201d means the International Convention on Standards of training and Certification and Watchkeeping for Seafarers, 1978 as amended.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Application 3. (1) Subject to paragraph (3), these Regulations, other than regulations 14 and 15, apply to \u2014 (a) Cayman Islands ships, wherever they may be; and (b) while they are in Cayman Islands waters, ships \u2014 (i) which are not Cayman Islands ships; and (ii) to which regulations 14 and 15 do not apply. (2) Subject to paragraph (3), regulations 14 and 15 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 Merchant Shipping (Maritime Labour Convention) (Medical Care) Regulations, 2014 Regulation 4 SL 40 of 2014 (i) a Maritime Labour Certificate to which a Declaration of Maritime Labour Compliance is attached; or (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; or (d) offshore installations whilst on their working stations.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Medical Care onboard Ship and Ashore 4. (1) A seafarer working onboard a ship to which these Regulations apply shall be given health protection and medical care as comparable as possible to that which is generally available to workers ashore, including prompt access to the necessary medicines, medical equipment and facilities for diagnosis and treatment and to medical information and expertise. (2) The protection and care in accordance with paragraph (1) \u2014 (a) shall be provided at no cost to the seafarer; and (b) is not limited to treatment of the sick or injured seafarer but includes measures of a preventive character such as health promotion and health education programmes.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Shipowner duty to make provision for seafarer medical and other expenses 5. (1) This regulation applies in relation to a seafarer who experiences sickness or injury which \u2014 (a) first occurs during a period which starts on the date on which that seafarer\u2019s seafarer employment agreement commences and ends on the date on which the shipowner\u2019s duty to repatriate that seafarer under regulation 6 of the Merchant Shipping (Maritime Labour Convention) (Repatriation) Regulations 2014 ends; (b) does not first occur during a period of leave which is not shore leave; or (c) first occurs subsequent to that period but is caused by circumstances or events arising during that period. (2) Subject to paragraphs (4) to (6), the shipowner shall meet any expenses reasonably incurred in connection with the seafarer\u2019s sickness or injury. (3) Expenses incurred in connection with a sickness or injury include \u2014 (a) expenses of surgical, medical, dental or optical treatment, including the repair or replacement of any appliance; and (b) expenses for board and lodging. Regulation 6 Merchant Shipping (Maritime Labour Convention) (Medical Care) Regulations, 2014 SL 40 of 2014 (4) The duty in paragraph (2) does not affect any duty on the shipowner under regulation 7 of the Merchant Shipping (Maritime Labour Convention) (Repatriation) Regulations 2014 and does not apply in respect of any expenses met by the shipowner under that duty. (5) Subject to paragraph (6), the duty in paragraph (2) is limited to expenses incurred during whichever of the following periods is the shorter \u2014 (a) a period of 16 weeks beginning on the day on which the sickness or injury first occurs; and (b) a period beginning on the day on which the sickness or injury first occurs and ending on the day on which a certifying medical practitioner notifies the seafarer of a decision that \u2014 (i) the seafarer is not fit to carry out the duties which that seafarer is required to carry out under the terms of that seafarer\u2019s seafarer employment agreement, and (ii) the seafarer is unlikely to be fit to carry out duties of that nature in the future. (6) If sub-paragraph (b) of paragraph (5) applies and a certifying medical practitioner subsequently notifies the seafarer that the decision referred to in that sub-paragraph is reversed, the duty in paragraph (2) is limited to expenses incurred during the period set out in paragraph (5)(a). (7) If any expenses are incurred by a seafarer to whom the duty in paragraph (2) applies, the seafarer may recover those expenses from the shipowner as a civil debt.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Duty to carry a medical practitioner on ship 6. (1) A shipowner shall not allow a ship to which this regulation applies and which falls within the parameters set by paragraph 2 \u2014 (a) to put to sea; or (b) if it is already at sea, to remain at sea, unless a medical practitioner is carried on the ship. (2) This paragraph applies to a ship which \u2014 (a) has 100 or more persons on board; and (b) is engaged on a voyage which is \u2014 (i) an international voyage lasting more than 72 hours; or (ii) a voyage during which the ship is more than 36 hours\u2019 sailing time from a port with adequate medical equipment. (3) A shipowner who contravenes paragraph (1) commits an offence and is liable \u2014 Merchant Shipping (Maritime Labour Convention) (Medical Care) Regulations, 2014 Regulation 7 SL 40 of 2014 (a) on summary conviction to a fine of ten thousand dollars; or (b) on conviction on indictment to a fine of fifty thousand dollars, notwithstanding sections 6(2) and 8 of the Criminal Procedure Code (2013 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Duty to carry medical trained personnel onboard 7. (1) A ship to which regulation 6 does not apply and is not required to carry a medical doctor and which ordinarily is capable of reaching qualified medical care and medical facilities within 8 hours, shall have at least one designated seafarer on-board competent to provide medical first-aid. (2) A ship to which the parameters set by paragraph (1) do not apply shall have at least one designated seafarer on-board who is in charge of medical care and administering medicine as part of the designated seafarer\u2019s regular duties. (3) If the seafarer designated to be in charge of medical care is not a medical doctor, that seafarer shall have satisfactorily completed approved training that meets the requirements of STCW with regard to medical care on board ships. (4) A shipowner who contravenes paragraph (1) commits an offence and is liable \u2014 (a) on summary conviction to a fine of ten thousand dollars; or (b) on conviction on indictment to a fine of fifty thousand dollars, notwithstanding sections 6(2) and 8 of the Criminal Procedure Code (2013 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Right to medical attention 8. (1) When a ship to which this regulation applies is in a port, the shipowner and master shall permit a seafarer to seek medical attention, where reasonably practicable. (2) A shipowner and master who contravenes paragraph (1) commits an offence and is liable \u2014 (a) on summary conviction to a fine of ten thousand dollars; or (b) on conviction on indictment to a fine of fifty thousand dollars, notwithstanding sections 6(2) and 8 of the Criminal Procedure Code (2013 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Access to medical advice 9. (1) A ship shall carry a complete and up-to-date list of radio stations relevant to the ship\u2019s area of operation, through which medical advice can be obtained and if equipped with a system of satellite communication, carry an up-to \u2014 Regulation 10 Merchant Shipping (Maritime Labour Convention) (Medical Care) Regulations, 2014 SL 40 of 2014 date and complete list of Land Earth Stations through which medical advice can be obtained. (2) A seafarer with responsibility for medical care or medical first-aid onboard, shall be instructed in the use of the ship\u2019s medical guide and the medical section of the most recent edition of the International Code of Signals so as to enable the seafarer to understand the type of information needed by the advising doctor as well as the advice received. (3) In this regulation \u201cInternational Code of Signals\u201d means the International Code of Signals published by the International Maritime Organization.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Medical Report Form 10. (1) The master and relevant onshore and onboard medical personnel shall use either \u2014 (a) the Cayman Islands Shipping Registry Medical Report Form -Form MRF 3906; or (b) a different medical report form containing at least the information required by Form MRF 3906. (2) When completed, the medical report form and its contents shall be kept confidential and shall only be used to facilitate the treatment of a seafarer and the completed form shall be retained onboard for a period of at least 3 years.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Medical Care Facilities 11. (1) A ship shall carry a medicine chest, medical equipment and a medical guide all of which are subject to inspection. (2) A medicine chest and medical equipment in accordance with the requirements of CISN 06\/2014 meets the requirements of paragraph (1). (3) A shipowner and master who contravenes paragraph (1) commits an offence and is liable \u2014 (a) on summary conviction to a fine of ten thousand dollars; or (b) on conviction on indictment to a fine of fifty thousand dollars, notwithstanding sections 6(2) and 8 of the Criminal Procedure Code (2013 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Inspection of ships 12. (1) For the purpose of ensuring compliance with these Regulations, an authorised 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). Merchant Shipping (Maritime Labour Convention) (Medical Care) Regulations, 2014 Regulation 13 SL 40 of 2014 (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 ensuring 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) Section 423(3) of the Law applies for the purposes of the provisions of that section as applied by paragraphs (2) and (3) as they apply for the purposes of the Law. (5) Sections 424 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_13\", \"num\": \"13.\", \"text\": \"Detention of ships 13. (1) Where an authorised person has clear grounds for believing that, in relation to a ship to which these Regulations apply \u2014 (a) a ship to is not in compliance with regulation 4, 5 and 6; or (b) the non-compliance of a ship to which paragraph (a) applies 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 4, 5 and 6, that ship is liable to be detained. (2) The power under this regulation to detain a ship shall only be exercised if the ship in question is \u2014 (a) a Cayman Islands ship; or (b) a non-Cayman Islands ship without a Maritime Labour Convention Certificate whilst in a port in the Islands or in 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 authorised 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. Regulation 14 Merchant Shipping (Maritime Labour Convention) (Medical Care) Regulations, 2014 SL 40 of 2014 (5) Where a ship is detained under these Regulations which 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 authorised 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 authorised 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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Inspection of non-Cayman Islands ships with Maritime Labour Certificates 14. (1) An authorised person may \u2014 (a) review the ship\u2019s Maritime Labour Certificate and Declaration of Maritime Labour Compliance or the ship\u2019s interim Maritime Labour Certificate; or (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 authorised person has power to inspect a ship under this regulation, regulation 9 applies to that ship.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Detention of non-Cayman Islands ships with Maritime Labour Certificates 15. (1) Where an authorised person inspects a ship under regulation 13(1)(b) and has clear grounds for believing that the ship does not comply with the requirements of the Maritime Labour Convention, and the non-compliance represents \u2014 (a) a significant danger to the safety, health or security of seafarers, or (b) a serious breach or the latest in a series of repeated breaches of the requirements of the Maritime Labour Convention, the ship is liable to be detained. (2) An authorised person may permit a ship which is liable to be detained under this regulation to proceed to sea for the purpose of proceeding to the nearest appropriate repair yard available. Merchant Shipping (Maritime Labour Convention) (Medical Care) Regulations, 2014 Regulation 16 SL 40 of 2014 (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 detained under this regulation, 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. (5) 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_16\", \"num\": \"16.\", \"text\": \"Right of appeal and compensation 16. 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 the those Regulations to an inspector being taken to include a reference to a surveyor. 17. Defence 17. 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 that knowledge, that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. Made in Cabinet the 19th day of August, 2014. Meredith Hew Acting Clerk of the Cabinet.\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2014_01_01\", \"date\": \"2014-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2014_01_01\", 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Care)\nRegulations, 2014\nArrangement of Regulations\n\nc\nSL 40 of 2014\nPage 3\n\nCAYMAN ISLANDS\n\nMerchant Shipping Law\nMERCHANT SHIPPING (MARITIME LABOUR\nCONVENTION) (MEDICAL CARE)\nREGULATIONS, 2014\n(SL 40 of 2014)\nArrangement of Regulations\nRegulation\nPage\n1.\nCitation ......................................................................................................................................5\n2.\nDefinitions ..................................................................................................................................5\n3.\nApplication .................................................................................................................................6\n4.\nMedical Care onboard Ship and Ashore.....................................................................................7\n5.\nShipowner duty to make provision for seafarer medical and other expenses ..............................7\n6.\nDuty to carry a medical practitioner on ship ...............................................................................8\n7.\nDuty to carry medical trained personnel onboard .......................................................................9\n8.\nRight to medical attention ..........................................................................................................9\n9.\nAccess to medical advice ...........................................................................................................9\n10.\nMedical Report Form ............................................................................................................... 10\n11.\nMedical Care Facilities ............................................................................................................. 10\n12.\nInspection of ships ................................................................................................................... 10\n13.\nDetention of ships .................................................................................................................... 11\n14.\nInspection of non-Cayman Islands ships with Maritime Labour Certificates .............................. 12\n15.\nDetention of non-Cayman Islands ships with Maritime Labour Certificates ............................... 12\n16.\nRight of appeal and compensation ........................................................................................... 13\n17.\nDefence ................................................................................................................................... 13\n\nMerchant Shipping (Maritime Labour Convention) (Medical Care)\nRegulations, 2014\nRegulation 1\n\nc\nSL 40 of 2014\nPage 5\n\nCAYMAN ISLANDS\n\nMerchant Shipping Law\nMERCHANT SHIPPING (MARITIME LABOUR\nCONVENTION) (MEDICAL CARE)\nREGULATIONS, 2014\n(SL 40 of 2014)\nThe Cabinet, in exercise of the powers conferred by section 110 and 463 of the Merchant\nShipping Law (2011 Revision), makes the following Regulations \u2014\n1.\nCitation\n1.\nThese Regulations may be cited as the Merchant Shipping (Maritime Labour\nConvention) (Medical Care) Regulations, 2014.\n2.\nDefinitions\n2.\n(1) In these Regulations \u2014\n\u201cauthorised person\u201d means a person authorised by the Chief Executive\nOfficer to carry out inspections for the purposes of these Regulations and\nincludes any surveyor of ships appointed under section 419 of the 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 06\/2014\u201d means Shipping Notice CISN 06\/2014 published by the\nMaritime Authority regarding the carriage of medical stores on Cayman\nIslands ships;\n\u201cLand Earth Station\u201d means a terrestrial communications station serving\nsatellites forming part of the Global Maritime Distress and Safety System\n\nRegulation 3\nMerchant Shipping (Maritime Labour Convention) (Medical Care)\nRegulations, 2014\n\nPage 6\nSL 40 of 2014\nc\n\nintroduced by amendments to the Safety Convention adopted on 11th\nNovember 1988;\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;\n\u201cmedical practitioner\u201d means a medical practitioner who is entitled to\npractise in the country or territory in which that practitioner is based and\nwhose qualifications are as equivalent to those required of a practitioner based\nin the Islands who is a registered medical practitioner;\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;\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 organisation or person such as the manager, or the bareboat\ncharterer, that has assumed the responsibility for the operation of the ship\nfrom the owner; and\n\u201cSTCW\u201d means the International Convention on Standards of training and\nCertification and Watchkeeping for Seafarers, 1978 as amended.\n3.\nApplication\n3.\n(1) Subject to paragraph (3), these Regulations, other than regulations 14 and 15,\napply to \u2014\n(a)\nCayman Islands ships, wherever they may be; and\n(b) while they are in Cayman Islands waters, ships \u2014\n(i)\nwhich are not Cayman Islands ships; and\n(ii) to which regulations 14 and 15 do not apply.\n(2) Subject to paragraph (3), regulations 14 and 15 apply to non-Cayman Islands\nships, while they are within 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\nMerchant Shipping (Maritime Labour Convention) (Medical Care)\nRegulations, 2014\nRegulation 4\n\nc\nSL 40 of 2014\nPage 7\n\n(i)\na Maritime Labour Certificate to which a Declaration of Maritime\nLabour Compliance is attached; or\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; or\n(d) offshore installations whilst on their working stations.\n4.\nMedical Care onboard Ship and Ashore\n4.\n(1) A seafarer working onboard a ship to which these Regulations apply shall be\ngiven health protection and medical care as comparable as possible to that\nwhich is generally available to workers ashore, including prompt access to the\nnecessary medicines, medical equipment and facilities for diagnosis and\ntreatment and to medical information and expertise.\n(2) The protection and care in accordance with paragraph (1) \u2014\n(a)\nshall be provided at no cost to the seafarer; and\n(b) is not limited to treatment of the sick or injured seafarer but includes\nmeasures of a preventive character such as health promotion and health\neducation programmes.\n5.\nShipowner duty to make provision for seafarer medical and other expenses\n5.\n(1) This regulation applies in relation to a seafarer who experiences sickness or\ninjury which \u2014\n(a)\nfirst occurs during a period which starts on the date on which that\nseafarer\u2019s seafarer employment agreement commences and ends on the\ndate on which the shipowner\u2019s duty to repatriate that seafarer under\nregulation 6 of the Merchant Shipping (Maritime Labour Convention)\n(Repatriation) Regulations 2014 ends;\n(b) does not first occur during a period of leave which is not shore leave; or\n(c)\nfirst occurs subsequent to that period but is caused by circumstances or\nevents arising during that period.\n(2) Subject to paragraphs (4) to (6), the shipowner shall meet any expenses\nreasonably incurred in connection with the seafarer\u2019s sickness or injury.\n(3) Expenses incurred in connection with a sickness or injury include \u2014\n(a)\nexpenses of surgical, medical, dental or optical treatment, including the\nrepair or replacement of any appliance; and\n(b) expenses for board and lodging.\n\nRegulation 6\nMerchant Shipping (Maritime Labour Convention) (Medical Care)\nRegulations, 2014\n\nPage 8\nSL 40 of 2014\nc\n\n(4) The duty in paragraph (2) does not affect any duty on the shipowner under\nregulation 7 of the Merchant Shipping (Maritime Labour Convention)\n(Repatriation) Regulations 2014 and does not apply in respect of any expenses\nmet by the shipowner under that duty.\n(5) Subject to paragraph (6), the duty in paragraph (2) is limited to expenses\nincurred during whichever of the following periods is the shorter \u2014\n(a)\na period of 16 weeks beginning on the day on which the sickness or\ninjury first occurs; and\n(b) a period beginning on the day on which the sickness or injury first occurs\nand ending on the day on which a certifying medical practitioner notifies\nthe seafarer of a decision that \u2014\n(i)\nthe seafarer is not fit to carry out the duties which that seafarer is\nrequired to carry out under the terms of that seafarer\u2019s seafarer\nemployment agreement, and\n(ii) the seafarer is unlikely to be fit to carry out duties of that nature in\nthe future.\n(6) If sub-paragraph (b) of paragraph (5) applies and a certifying medical\npractitioner subsequently notifies the seafarer that the decision referred to in\nthat sub-paragraph is reversed, the duty in paragraph (2) is limited to expenses\nincurred during the period set out in paragraph (5)(a).\n(7) If any expenses are incurred by a seafarer to whom the duty in paragraph (2)\napplies, the seafarer may recover those expenses from the shipowner as a\ncivil debt.\n6.\nDuty to carry a medical practitioner on ship\n6.\n(1) A shipowner shall not allow a ship to which this regulation applies and which\nfalls within the parameters set by paragraph 2 \u2014\n(a)\nto put to sea; or\n(b) if it is already at sea, to remain at sea,\nunless a medical practitioner is carried on the ship.\n(2) This paragraph applies to a ship which \u2014\n(a)\nhas 100 or more persons on board; and\n(b) is engaged on a voyage which is \u2014\n(i)\nan international voyage lasting more than 72 hours; or\n(ii) a voyage during which the ship is more than 36 hours\u2019 sailing time\nfrom a port with adequate medical equipment.\n(3) A shipowner who contravenes paragraph (1) commits an offence and is\nliable \u2014\n\nMerchant Shipping (Maritime Labour Convention) (Medical Care)\nRegulations, 2014\nRegulation 7\n\nc\nSL 40 of 2014\nPage 9\n\n(a)\non summary conviction to a fine of ten thousand dollars; or\n(b) on conviction on indictment to a fine of fifty thousand dollars,\nnotwithstanding sections 6(2) and 8 of the Criminal Procedure Code\n(2013 Revision).\n7.\nDuty to carry medical trained personnel onboard\n7.\n(1) A ship to which regulation 6 does not apply and is not required to carry a\nmedical doctor and which ordinarily is capable of reaching qualified medical\ncare and medical facilities within 8 hours, shall have at least one designated\nseafarer on-board competent to provide medical first-aid.\n(2) A ship to which the parameters set by paragraph (1) do not apply shall have at\nleast one designated seafarer on-board who is in charge of medical care and\nadministering medicine as part of the designated seafarer\u2019s regular duties.\n(3) If the seafarer designated to be in charge of medical care is not a medical\ndoctor, that seafarer shall have satisfactorily completed approved training that\nmeets the requirements of STCW with regard to medical care on board ships.\n(4) A shipowner who contravenes paragraph (1) commits an offence and is\nliable \u2014\n(a)\non summary conviction to a fine of ten thousand dollars; or\n(b) on conviction on indictment to a fine of fifty thousand dollars,\nnotwithstanding sections 6(2) and 8 of the Criminal Procedure Code (2013\nRevision).\n8.\nRight to medical attention\n8.\n(1) When a ship to which this regulation applies is in a port, the shipowner and\nmaster shall permit a seafarer to seek medical attention, where reasonably\npracticable.\n(2) A shipowner and master who contravenes paragraph (1) commits an offence\nand is liable \u2014\n(a)\non summary conviction to a fine of ten thousand dollars; or\n(b) on conviction on indictment to a fine of fifty thousand dollars,\nnotwithstanding sections 6(2) and 8 of the Criminal Procedure Code (2013\nRevision).\n9.\nAccess to medical advice\n9.\n(1) A ship shall carry a complete and up-to-date list of radio stations relevant to\nthe ship\u2019s area of operation, through which medical advice can be obtained\nand if equipped with a system of satellite communication, carry an up-to \u2014\n\nRegulation 10\nMerchant Shipping (Maritime Labour Convention) (Medical Care)\nRegulations, 2014\n\nPage 10\nSL 40 of 2014\nc\n\ndate and complete list of Land Earth Stations through which medical advice\ncan be obtained.\n(2) A seafarer with responsibility for medical care or medical first-aid onboard,\nshall be instructed in the use of the ship\u2019s medical guide and the medical\nsection of the most recent edition of the International Code of Signals so as to\nenable the seafarer to understand the type of information needed by the\nadvising doctor as well as the advice received.\n(3) In this regulation \u201cInternational Code of Signals\u201d means the International\nCode of Signals published by the International Maritime Organization.\n10.\nMedical Report Form\n10. (1) The master and relevant onshore and onboard medical personnel shall use\neither \u2014\n(a)\nthe Cayman Islands Shipping Registry Medical Report Form -Form MRF\n3906; or\n(b) a different medical report form containing at least the information\nrequired by Form MRF 3906.\n(2) When completed, the medical report form and its contents shall be kept\nconfidential and shall only be used to facilitate the treatment of a seafarer and\nthe completed form shall be retained onboard for a period of at least 3 years.\n11.\nMedical Care Facilities\n11. (1) A ship shall carry a medicine chest, medical equipment and a medical guide all\nof which are subject to inspection.\n(2) A medicine chest and medical equipment in accordance with the requirements\nof CISN 06\/2014 meets the requirements of paragraph (1).\n(3) A shipowner and master who contravenes paragraph (1) commits an offence\nand is liable \u2014\n(a)\non summary conviction to a fine of ten thousand dollars; or\n(b) on conviction on indictment to a fine of fifty thousand dollars,\nnotwithstanding sections 6(2) and 8 of the Criminal Procedure Code (2013\nRevision).\n12.\nInspection of ships\n12. (1) For the purpose of ensuring compliance with these Regulations, an authorised\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\nMerchant Shipping (Maritime Labour Convention) (Medical Care)\nRegulations, 2014\nRegulation 13\n\nc\nSL 40 of 2014\nPage 11\n\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 ensuring 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) Section 423(3) of the Law applies for the purposes of the provisions of that\nsection as applied by paragraphs (2) and (3) as they apply for the purposes of\nthe Law.\n(5) Sections 424 to 429 of the Law apply for the purposes of these Regulations as\nif the relevant statutory provisions included these Regulations.\n13.\nDetention of ships\n13. (1) Where an authorised person has clear grounds for believing that, in relation to\na ship to which these Regulations apply \u2014\n(a)\na ship to is not in compliance with regulation 4, 5 and 6; or\n(b) the non-compliance of a ship to which paragraph (a) applies\nrepresents \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 4, 5 and 6,\nthat ship is liable to be detained.\n(2) The power under this regulation to detain a ship shall only be exercised if the\nship in question is \u2014\n(a)\na Cayman Islands ship; or\n(b) a non-Cayman Islands ship without a Maritime Labour Convention\nCertificate whilst in a port in the Islands or in 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 authorised\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\nRegulation 14\nMerchant Shipping (Maritime Labour Convention) (Medical Care)\nRegulations, 2014\n\nPage 12\nSL 40 of 2014\nc\n\n(5) Where a ship is detained under these Regulations which 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 authorised 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 authorised 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.\n14.\nInspection of non-Cayman Islands ships with Maritime Labour Certificates\n14. (1) An authorised person may \u2014\n(a)\nreview the ship\u2019s Maritime Labour Certificate and Declaration of\nMaritime Labour Compliance or the ship\u2019s interim Maritime Labour\nCertificate; or\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 authorised person has power to inspect a ship under this regulation,\nregulation 9 applies to that ship.\n15.\nDetention of non-Cayman Islands ships with Maritime Labour Certificates\n15. (1) Where an authorised person inspects a ship under regulation 13(1)(b) and has\nclear grounds for believing that the ship does not comply with the\nrequirements of the Maritime Labour Convention, and the non-compliance\nrepresents \u2014\n(a)\na significant danger to the safety, health or security of seafarers, or\n(b) a serious breach or the latest in a series of repeated breaches of the\nrequirements of the Maritime Labour Convention,\nthe ship is liable to be detained.\n(2) An authorised person may permit a ship which is liable to be detained under\nthis regulation to proceed to sea for the purpose of proceeding to the nearest\nappropriate repair yard available.\n\nMerchant Shipping (Maritime Labour Convention) (Medical Care)\nRegulations, 2014\nRegulation 16\n\nc\nSL 40 of 2014\nPage 13\n\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 detained under this regulation, the Chief Executive Officer\nshall immediately inform the Consul or a diplomatic representative of the State\nwhose flag the ship is entitled to fly, or the appropriate maritime authorities of\nthat State, of the detention and the grounds therefor.\n(5) 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.\n16.\nRight of appeal and compensation\n16. 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 the those Regulations to an inspector being\ntaken to include a reference to a surveyor.\n17.\nDefence\n17. 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 that knowledge, that the person took all reasonable precautions and\nexercised all due diligence to avoid the commission of the offence.\nMade in Cabinet the 19th day of August, 2014.\nMeredith Hew\nActing Clerk of the Cabinet.","akn_extracted_at":"2026-06-22 15:39:08.058298+00","cms_id":"2014-0040","law_type":"subordinate","year":"2014","number":"40","title":"Merchant Shipping (Maritime Labour Convention) (Medical Care) Regulations","status":"in_force"},"provenance":{"files":[{"file_id":"5677","expr_id":"607","kind":"akn_xml","filename":"2014-0040_SL 40 of 2014.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2014\/2014-0040\/2014-0040_SL 40 of 2014.akn.xml","content_md5":"3efae39f5bb6604a118ebca77acdd835","byte_size":"23752","http_last_modified":null,"fetched_at":"2026-06-22 15:39:08.345359+00"},{"file_id":"1213","expr_id":"607","kind":"pristine_pdf","filename":"2014-0040_SL 40 of 2014.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2014\/2014-0040\/2014-0040_SL 40 of 2014.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/SUBORDINATE\/2014\/2014-0040\/2014-0040_SL 40 of 2014.pdf","content_md5":"f46861fe94e1a4d67e322c0faa84c0fc","byte_size":"386450","http_last_modified":null,"fetched_at":"2026-06-21 23:09:36.259319+00"},{"file_id":"1214","expr_id":"607","kind":"working_pdf","filename":"2014-0040_SL 40 of 2014.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2014\/2014-0040\/2014-0040_SL 40 of 2014.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2014\/2014-0040\/2014-0040_SL 40 of 2014.pdf","content_md5":"f46861fe94e1a4d67e322c0faa84c0fc","byte_size":"386450","http_last_modified":null,"fetched_at":"2026-06-21 23:09:36.259319+00"}],"paragraph_count":9,"latest_history":null},"quality":{"expr_id":"607","doc_id":"607","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 ends mid\u2011sentence in Regulation\u202f4; likely truncation beyond omitted marker. 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