Part XIII Miscellaneous

Chapter I Particular types of employment

Excluded classes of employment

199 Mariners.

1

Sections 1 to 7, Part II and sections 86 to 91 do not apply to a person employed as a seaman in a ship registered in the United Kingdom under a crew agreement the provisions and form of which are of a kind approved by the Secretary of State.

2

Sections 8 to 10, Part III, sections 44, 45, 47, F147C, 50 to 57B and 61 to 63, Parts VII and VIII, sections 92 and 93 and F2. . .Parts X to XII do not apply to employment as master, or as a member of the crew, of a fishing vessel where the employee is remunerated only by a share in the profits or gross earnings of the vessel.

F33

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4

Sections 8 to 10 and 50 to 54 and Part XII do not apply to employment as a merchant seaman.

5

In subsection (4) “employment as a merchant seaman”—

a

does not include employment in the fishing industry or employment on board a ship otherwise than by the owner, manager or charterer of that ship except employment as a radio officer, but

b

subject to that, includes—

i

employment as a master or a member of the crew of any ship,

ii

employment as a trainee undergoing training for the sea service, and

iii

employment in or about a ship in port by the owner, manager or charterer of the ship to do work of the kind ordinarily done by a merchant seaman on a ship while it is in port.

6

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F57

The provisions mentioned in subsection (8) apply to employment on board a ship registered in the register maintained under section 8 of the Merchant Shipping Act 1995 if and only if—

a

the ship’s entry in the register specifies a port in Great Britain as the port to which the vessel is to be treated as belonging,

b

under his contract of employment the person employed does not work wholly outside Great Britain, and

c

the person employed is ordinarily resident in Great Britain.

F58

The provisions are—

a

sections 8 to 10,

b

Parts II, III and V,

c

Part VI, apart from sections 58 to 60,

d

Parts VII and VIII,

e

sections 92 and 93, and

f

Part X.