Moved by Baroness Vere of Norbiton

That this House do agree with the Commons in their Amendments 1 to 64.

1: Page 1, line 8, at end insert—

“(2A) Regulations may specify matters that must or must not be taken into account in determining whether provision for the carriage of persons or goods between two places by ship on two or more journeys constitutes a single service.”

2: Page 2, line 3, leave out subsections (1) to (3) and insert—

“(1) Subsection (2) applies where a harbour authority has reasonable grounds to believe that ships providing a service to which this Act applies will enter, or have entered, its harbour on at least 120 occasions during a relevant year.

(2) The harbour authority must, within such period as is determined by regulations, request that the operator of the service provide the authority with a national minimum wage equivalence declaration (in the rest of this Act, an “equivalence declaration”) in respect of the service for the relevant year.

(3) The duty under subsection (2) is subject to any direction given by the Secretary of State under section 11(2)(a).

(3A) A harbour authority which fails to comply with subsection (2) is guilty of an offence and liable on summary conviction—

(a) in England and Wales, to a fine, or

(b) in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.”

3: Page 2, line 16, at end insert—

“(za) as to the period within which equivalence declarations are to be provided;”

4: Page 2, line 17, leave out “national minimum wage”

5: Page 2, line 18, leave out “national minimum wage”

6: Page 2, line 19, at end insert—

“(4A) In this Act, “relevant year” means—

(a) the period of 12 months beginning with a date specified in regulations, and

(b) each successive period of 12 months.”

7: Page 2, line 20, leave out subsections (5) and (6)

8: Page 2, line 33, leave out subsection (1) and insert—

“(1) An equivalence declaration in respect of a service for a relevant year is a

declaration within any of subsections (1A) to (1D).

(1A) A declaration is within this subsection if it is provided before the beginning of the relevant year and it is to the effect that—

(a) in the relevant year there will be no non-qualifying seafarers working on ships providing the service, or

(b) in the relevant year non-qualifying seafarers working on ships providing the service will be remunerated in respect of their UK work in relation to the service at a rate that is equal to or exceeds the national minimum wage equivalent.

(1B) A declaration is within this subsection if it is provided during the relevant year and it is to the effect that—

(a) in what remains of the relevant year there will be no non-qualifying seafarers working on ships providing the service, or

(b) in what remains of the relevant year non-qualifying seafarers working on ships providing the service will be remunerated in respect of their UK work in relation to the service at a rate that is equal to or exceeds the national minimum wage equivalent.

(1C) A declaration is within this subsection if it is provided during the relevant year and it is to the effect that—

(a) in so much of the relevant year as has already occurred—

(i) there have been no non-qualifying seafarers working on ships providing the service, or

(ii) non-qualifying seafarers working on ships providing the service have been remunerated in respect of their UK work

in relation to the service at a rate that is equal to or exceeds the national minimum wage equivalent, and

(b) in what remains of the relevant year—

(i) there will be no non-qualifying seafarers working on ships providing the service, or

(ii) non-qualifying seafarers working on ships providing the service will be remunerated in respect of their UK work in relation to the service at a rate that is equal to or exceeds the national minimum wage equivalent.

(1D) A declaration is within this subsection if it is provided after the end of the relevant year and it is to the effect that—

(a) in the relevant year there were no non-qualifying seafarers working on ships providing the service, or

(b) in the relevant year non-qualifying seafarers working on ships providing the service were remunerated in respect of their UK work in relation to the service at a rate that is equal to or exceeds the national minimum wage equivalent.”

9: After Clause 4, insert the following new Clause—

“Offence of operating service inconsistently with declaration

(1) The operator of a service to which this Act applies is guilty of an offence if—

(a) the operator provides a harbour authority with an equivalence declaration in respect of the service for a relevant year, and (b) subsection (2), (3) or (4) applies.

(2) This subsection applies if the equivalence declaration is provided before the beginning of the relevant year and—

(a) the service is operated inconsistently with the declaration at the beginning of the relevant year, or

(b) at any later time during the relevant year the service starts to be operated inconsistently with the declaration and the operator fails to notify the harbour authority within four weeks of—

(i) the fact that the service has started to be so operated, and (ii) the time when it started to be so operated.

(3) This subsection applies if the equivalence declaration is provided during the relevant year and—

(a) at the time the declaration is provided the service is being operated inconsistently with the declaration, or

(b) at any later time during the relevant year the service starts to be operated inconsistently with the declaration and the operator fails to notify the harbour authority within four weeks of—

(i) the fact that the service has started to be so operated, and (ii) the time when it started to be so operated.

(4) This subsection applies if the equivalence declaration is provided during or after the end of the relevant year and it is false or misleading in so far as it concerns the operation of the service before the declaration was provided.

(5) A person guilty of an offence under this section is liable on summary conviction—

(a) in England and Wales, to a fine, or

(b) in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.”

10: Page 3, line 22, after “is” insert “or at any time was”

11: Page 3, line 22, leave out “a national minimum wage” and insert “an”

12: Page 3, line 23, at end insert “, or

(b) establishing whether an equivalence declaration provided by the operator is false or misleading in so far as it concerns the operation of the service before the declaration was provided.”

13: Page 3, line 29, leave out from “breach” to end of line 30 and insert “the data protection legislation or the data protection laws of any country or territory outside the United Kingdom (but in determining whether providing information would cause the operator to breach that legislation or those laws, the requirement imposed by subsection (1) is to be taken into account)”

14: Page 3, line 32, after “manner” insert “, and within a period,”

15: Page 3, line 35, after “provide” insert “, in the manner and within the period specified under subsection (4),”

16: That Clause 5 be transferred to the end of line 36 on page 7

17: Page 4, line 7, after “is” insert “or at any time was”

18: Page 4, line 8, leave out “a national minimum wage” and insert “an”

19: Page 4, line 9, after “declaration,” insert—

“(aa) establishing whether an equivalence declaration is false or misleading in so far as it concerns the operation of a service before the declaration was provided,”

20: Page 4, line 9, leave out “or”

21: Page 4, line 10, at end insert—

“(c) establishing whether, or to what extent, a harbour authority is complying with its duties under this Act, or

(d) verifying any information provided by a harbour authority under section (Provision of information by harbour authorities)”

22: Page 4, line 21, leave out “declaration” and insert “statement”

23: That Clause 6 be transferred to the end of line 36 on page 7

24: After Clause 6, insert the following new Clause—

“Imposition of surcharges: failure to provide declaration in time

(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).”

25: Insert the following new Clause—

“Imposition of surcharges: in-year declaration that is prospective only

(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,

(b) the operator provides the declaration during the relevant year in accordance with regulations under section 3(4), and

(c) the declaration is within subsection (1B) of section 4 (and not also within subsection (1C) of that section).

(2) 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 between the beginning of the relevant year and the time the declaration was provided.”

26: Insert the following new Clause—

“Imposition of surcharges: operating inconsistently with declaration

(1) Subsections (2) and (3) apply if—

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

(b) either—

(i) the operator notifies the authority that at a specified time after the declaration was provided the service was, or started to be, operated inconsistently with the declaration, or

(ii) the authority has reasonable grounds to believe that, at a time after the declaration was provided, the service was, or started to be, operated inconsistently with the declaration.

(2) The harbour authority must impose a charge on the operator in respect of each occasion when a ship providing the service entered or enters the harbour between—

(a) the time mentioned in subsection (1)(b)(i) or (ii), and (b) the end of the relevant year.

(3) But if after the time mentioned in subsection (1)(b)(i) or (ii) the operator provides the harbour authority with a fresh equivalence declaration in respect of the service for the relevant year, the authority must not impose a charge under subsection (2) in respect of an occasion when a ship providing the service enters the harbour after the fresh declaration is provided (unless that subsection applies again by reference to that or a later declaration).

(4) Subsections (5) and (6) apply if—

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

(b) the authority has reasonable grounds to believe that the declaration is false or misleading in so far as it concerns the operation of the service before the declaration was provided.

(5) The harbour authority must impose a charge on the operator in respect of each occasion when a ship providing the service entered or enters the harbour during the relevant year.

(6) But if the operator provides the harbour authority with a fresh equivalence declaration in respect of the service for the relevant year, the authority must not impose a charge under subsection (5) in respect of an occasion when a ship providing the service enters the harbour after the fresh declaration is provided (unless that subsection applies again by reference to that or a later declaration).”

27: Page 5, line 8, leave out subsections (1) to (4)

28: Page 5, line 32, leave out second “the” and insert “a”

29: Page 5, line 33, leave out “by the harbour authority in accordance with” and insert “in”

30: Page 5, line 33, leave out from “regulations” to end of line 35

31: Page 5, line 36, leave out subsection (6)

32: Page 5, line 37, at end insert—

“(6A) A duty to impose a surcharge is subject to any direction given by the Secretary of State under section 11(2)(a).

(6B) A harbour authority which fails to comply with a duty to impose a surcharge is guilty of an offence and liable on summary conviction—

(a) in England and Wales, to a fine, or

(b) in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.”

33: Page 5, line 39, leave out paragraph (a)

34: Page 5, line 43, after “notification of” insert “the imposition of”

35: Page 5, line 44, at end insert—

“(7A) Regulations may make provision requiring a harbour authority that has imposed a surcharge to notify the Secretary of State if so much of the period within which the surcharge must be paid as is specified in the regulations has expired without the surcharge having been paid in accordance with regulations under subsection (7)(d).”

36: Page 6, line 3, leave out paragraph (a)

37: Page 6, line 6, at end insert—

“(10) In this Act, “surcharge” means a charge under section (Imposition of surcharges: failure to provide declaration in time), (Imposition of surcharges: in-year declaration that is prospective only) or (Imposition of surcharges: operating inconsistently with declaration).”

38: Page 6, line 8, leave out subsection (1) and insert—

“(1) Where a surcharge is imposed by a harbour authority, an interested party may object to the imposition of the surcharge or its amount.

(1A) An objection under this section to the amount of a surcharge may be made only on the grounds that the amount is not in accordance with the tariff of surcharges specified in regulations under section 7(1).”

39: Page 6, line 14, at end insert—

“(2A) Regulations must provide for a period within which objections under this section must be made.”

40: Page 6, line 17, leave out “matter objected to” and insert “imposition of the surcharge or its amount”

41: Page 6, line 36, leave out subsection (7)

42: Page 6, line, 41, leave out paragraphs (a) to (c) and insert—

“(a) to approve the imposition of the surcharge and its amount,

(b) to direct the harbour authority to revoke the imposition of the surcharge, or

(c) to direct the harbour authority to increase or decrease the amount of the surcharge so that it is in accordance with the tariff of surcharges specified in regulations under section 7(1).”

43: Page 7, line 19, leave out “may” and insert “must”

44: Page 7, line 23, leave out “and”

45: Page 7, line 24, leave out from “with” to end of line 25 and insert “regulations under section 7(7)(d), and

(c) the period within which the surcharge must be paid has expired.”

46: Page 7, line 27, at end insert—

“(2A) Subsection (1) does not apply in relation to any surcharge imposed under subsection (3)(a) or (4) of section (Imposition of surcharge: failure to provide declaration in time) which would, if paid, be required to be refunded under subsection (5) of that section.”

47: Page 7, line 28, leave out “may” and insert “must”

48: Page 7, line 32, at end insert—

“(3A) The duty under subsection (1) is also subject to any direction given by the Secretary of State under section 11(2)(a).”

49: Page 7, line 32, at end insert—

“(3B) A harbour authority which fails to comply with subsection (1) is guilty of an offence and liable on summary conviction—

(a) in England and Wales, to a fine, or

(b) in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.”

50: After Clause 9, insert the following new Clause—

“Provision of information by harbour authorities

(1) The Secretary of State may by notice require a harbour authority to provide information to the Secretary of State for the purpose of establishing whether, or to what extent, the authority is complying with its duties under this Act.

(2) The information referred to in subsection (1) may in particular include information about—

(a) the services provided by ships that use the harbour,

(b) equivalence declarations requested by, or provided to, the harbour authority,

(c) surcharges imposed or received by the harbour authority, and

(d) decisions by the harbour authority to refuse or not refuse access to its harbour pursuant to section 13.

(3) Subsection (1) does not require a harbour authority to provide information to the extent that doing so would cause the authority to breach the data protection legislation (but in determining whether providing information would cause the authority to breach that legislation, the requirement imposed by subsection (1) is to be taken into account).

(4) A notice under subsection (1) may require the information to be provided in a manner, and within a period, specified in the notice.

(5) A harbour authority is guilty of an offence if it—

(a) fails to provide, in the manner and within the period specified under subsection (4), information required by the Secretary of State under this section,

(b) provides information so required that is false or misleading, or

(c) provides information so required that becomes false or misleading and fails to inform the Secretary of State within four weeks that it has become so.

(6) A harbour authority guilty of an offence under subsection (5) is liable on summary conviction—

(a) in England and Wales, to a fine, or

(b) in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.”

51: Page 8, line 2, leave out subsection (1)

52: Page 8, line 6, leave out “exercise, or not to exercise, any of their powers under” and insert “not do anything they would otherwise be under a duty to do by reason of”

53: Page 8, line 7, leave out “exercise any of their powers” and insert “comply with any of their duties”

54: Page 8, line 8, leave out subsection (3)

55: Page 8, line 14, leave out “guidance and”

56: Page 8, line 16, leave out subsection (6)

57: Page 8, line 22, leave out from “conviction” to end of line and insert “— (a) in England and Wales, to a fine, or

(b) in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.”

58: Page 8, line 33, after “Act” insert “, other than regulations under section 1(2A),”

59: Page 8, line 34, at end insert—

“(3A) The Secretary of State may not make a statutory instrument containing regulations under section 1(2A) unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.”

60: Page 9, line 6, leave out “direction” and insert “regulations”

61: Page 9, line 8, leave out subsection (4)

62: Page 9, line 13, at end insert—

““the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

“equivalence declaration” has the meaning given by section 3(2);”

63: Page 9, line 25, at end insert—

““relevant year” has the meaning given by section 3(4A);”

64: Page 10, line 1, leave out subsection (6)