C1Part 1Pension scheme membership for jobholders
Chapter 8Application and interpretation
Workers
I196Persons working on vessels
1
Subject to regulations under this section, a person employed or engaged in any capacity on board a ship is not, by virtue of that employment or engagement, a worker for the purposes of this Part.
2
The Secretary of State may by regulations provide that, to the extent and for the purposes specified in the regulations, the relevant provisions apply, with or without modification, in relation to a person employed or engaged in any capacity on board a ship (whether or not that person is working or ordinarily works in any part of the United Kingdom).
3
For the purposes of this section, the relevant provisions are—
a
this Part (and any enactment as amended by this Part), and
b
any provision in force in Northern Ireland corresponding to any provision of this Part (and any enactment as amended by such a provision).
4
Regulations under this section—
a
may provide for a provision to apply in relation to individuals whether or not they are British subjects;
b
may provide for a provision to apply in relation to bodies corporate whether or not they are incorporated under the law of a part of the United Kingdom;
c
may do so even where the application may affect the individual's or body's activities outside the United Kingdom.
5
Regulations under this section—
a
may provide for a court or tribunal on which jurisdiction is conferred by the relevant provisions to have jurisdiction, in respect of offences or other matters, for the purposes of any provision as it applies by virtue of the regulations;
b
may exclude from the operation of section 3 of the Territorial Waters Jurisdiction Act 1878 (c. 73) (consents required for prosecutions) proceedings for offences under any provision as it applies by virtue of the regulations;
c
may provide that such proceedings may not be brought without such consent as may be required by the regulations.
6
Any jurisdiction conferred on a court or tribunal under this section is without prejudice to jurisdiction exercisable apart from this section by that or any other court or tribunal.
7
In this section, “ship” includes—
a
a hovercraft within the meaning of the Hovercraft Act 1968 (c. 59), and
b
every description of vessel used in navigation.
Pt. 1 applied (with modifications) (temp. 1.7.2012 to 30.6.2020) by The Automatic Enrolment (Offshore Employment) Order 2012 (S.I. 2012/1388), art. 2 (with saving in art. 5)