New Clause 2 - Imposition of surcharges: failure to provide declaration in time

Seafarers’ Wages Bill [Lords] – in a Public Bill Committee am 3:15 pm ar 17 Ionawr 2023.

Danfonwch hysbysiad imi am ddadleuon fel hyn

“(1) This section applies if—

(a) a harbour authority requests the operator of a service to which this Act applies to provide the authority with an equivalence declaration in respect of the service for a relevant year, and

(b) the operator does not provide an equivalence declaration in the prescribed form and manner before the end of the prescribed period.

(2) If the prescribed period expires before the beginning of the relevant year, the harbour authority must impose a charge on the operator of the service in respect of each occasion when a ship providing the service enters its harbour between—

(a) the beginning of the relevant year, and

(b) whichever is the earlier of—

(i) the end of the relevant year, and

(ii) the time when the operator provides the authority with an equivalence declaration in respect of the service for the relevant year in the prescribed form and manner.

(3) If the prescribed period expires during the relevant year, the harbour authority must—

(a) impose a charge on the operator of the service in respect of each occasion when a ship providing the service entered its harbour between—

(i) the beginning of the relevant year, and

(ii) the end of the prescribed period, and

(b) impose a charge on the operator of the service in respect of each occasion when a ship providing the service enters its harbour between the expiry of the prescribed period and whichever is the earlier of—

(i) the end of the relevant year, and

(ii) the time when the operator provides the authority with an equivalence declaration in respect of the service for the relevant year in the prescribed form and manner.

(4) If the prescribed period expires after the end of the relevant year, the harbour authority must impose a charge on the operator of the service in respect of each occasion when a ship providing the service entered its harbour during the relevant year.

(5) But charges imposed by a harbour authority under subsection (3)(a) or (4) must be refunded if—

(a) at any time after the end of the prescribed period the operator provides the authority with an equivalence declaration in respect of the service for the relevant year in the prescribed form and manner, and

(b) the declaration is within section 4(1C) or (1D).

(6) For the purposes of this section, in relation to an equivalence declaration which an operator of a service is required to provide—

‘prescribed period’ means the period within which the operator is required to provide the declaration in accordance with regulations under section 3(4)(za);

‘prescribed form and manner’ means the form and manner in which the operator is required to provide the declaration in accordance with regulations under section 3(4)(a) and (b).”—(Mr Holden.)

This and the following new clauses set out the circumstances in which surcharges must be imposed. In summary, surcharges are to be imposed when an equivalence declaration is not provided in time (this new clause); when a declaration relates only to part of a year (NC3); or when a service is operated inconsistently with a declaration (NC4).

Brought up, read the First and Second time, and added to the Bill.