From 30 October 2026, the Employment Rights Act 2025 expands the scope of the Seafarers Wages Act 2023 (and re-names the Act, the Seafarers (Wages and Working Conditions) Act 2023) , to include new powers that require payment of the equivalent of UK national minimum wage outside of UK waters, enabling the government to make regulations relating to:
remuneration (which may relate to other types of remuneration beyond wages) on services (whether or not in the territorial waters of the UK) defined by the regulations (not yet made); and
safe working conditions for seafarers. The regulations may specify conditions relating to working patterns and rest requirements, for managing and mitigating fatigue including the adoption of fatigue management plans and safety-related training.
Once regulations are made, a harbour authority will be required to request a remuneration and / or safe working declaration from an operator. This request must be made within such a period as determined by the regulations. The requirement will apply where the harbour authority has reasonable grounds to believe that ships providing a relevant service to which the Regulations apply, will enter or have entered their harbour on at least 120 occasions, or such higher number as the regulations specify. A relevant service is the carriage of persons or goods by ship, with or without vehicles, between a place outside the UK and a place in the UK. The relevant year is a 12-month period beginning with a date specified in the regulations and each successive period of 12 months thereafter. Failure by a harbour authority to request a declaration is a summary offence.
The requirement for harbour authorities to request a national minimum wage equivalence declaration from operators is retained under the Seafarers (Wages and Working Conditions) Act 2023 subject to any provisions introduced by new renumeration regulations. A declaration must be requested where a harbour authority has reasonable grounds to believe an operator’s ships are providing a relevant service and will enter, or have entered, its harbour on at least 120 occasions, during the relevant year. The Seafarers Wages’ Regulations 2024 continue in force alongside these requirements
We note that the meaning of “ship” is updated under the amended 2023 Act to include a ship which is registered in a state other than the UK (as well as any kind of vessel used in navigation and hovercraft). However, in respect of the already existing and in force obligations on harbour authorities, this appears to be for the avoidance of doubt, making clear that the requirements apply to ships not registered in the UK rather than a substantive change.
The Seafarers (Wages and Working Conditions) Act 2023 extends the existing enforcement provisions so they also relate to remuneration declarations and safe working declarations.
If the operator fails to provide a requested equivalence declaration, or (once the regulations are in force) remuneration or safe working declaration, the harbour authority must impose a surcharge in respect of each occasion on which a vessel operating the service calls at the harbour. The same applies where an operator provides a false declaration or acts inconsistently with a declaration it has made. If the surcharges are not paid, the harbour will have to refuse access to the operator, and failure by a harbour authority to do so is a summary offence.
Regulations made under the Seafarers (Wages and Working Conditions) Act 2023 relating to declarations would provide further details as to what is required and may make provision including in relation to:
the period within which declarations are to be requested by harbour authorities and provided by operators;
the wording of the declarations and the form and manner in which they are to be provided;
surcharges, including notification by a harbour authority of the imposition of a surcharge to the Secretary of State;
how to communicate refusal of access; and
transitional provisions.
Although the powers providing for the making of regulations related to remuneration and safe working conditions only come into force on 30 October 2026, the government recently consulted on proposed new regulations requiring:
payment of national minimum wage equivalent on the whole journey on all UK-France and UK-Channel Islands services calling at a UK port 120 times a year; and
that seafarers on services across the Channel must have a maximum period of service aboard of 14 days, followed by an equal period of rest, or in the case of those undergoing training, 21 days followed by an equal period of rest.
This consultation closed on 17 July 2026, and the government is currently analysing the feedback received.
Whilst the proposed regulations relate to UK-France and UK-Channel Island services, in the longer term, it is the government’s ambition to seek agreement with other neighbouring countries to legislate outside of UK territorial waters on routes to their ports.
For further information on the requirements of the Seafarers (Wages and Working Conditions) Act 2023, and associated Regulations, please contact Lara Moore or Ione McGregor.
