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4.—(1) Regulation 7 (requirement to undertake workforce tests) is amended as follows.
(2) In paragraph (2), for “paragraph (7)” substitute “paragraphs (7) and (10)”.
(3) In paragraph (9), for “Where” substitute “Subject to paragraph (10), where”.
(4) After paragraph (9) insert—
“(10) Paragraphs (2) and (9) do not apply where—
(a)P is a person described in any of the following paragraphs of Schedule 4—
(i)paragraph 6 (seamen and masters),
(ii)paragraph 7 (pilots),
(iii)paragraph 8 (inspectors and surveyors of ships),
(iv)paragraph 9 (aircraft crew and pilots),
(v)paragraph 10 (international rail crew, passenger and freight operator),
(vi)paragraph 15 (Channel Tunnel system workers);
(b)P meets the condition in paragraph 11 of Schedule 4 (travel on conveyance without passengers etc.); and
(c)P—
(i)does not disembark from or leave the conveyance on which P travelled to England at any time when the conveyance is moored at a port in England or is otherwise stationary in England, or
(ii)travelled to England on the same conveyance on which they left England and did not disembark from or leave that conveyance at any time when it was moored at a port in a country outside the common travel area or was otherwise stationary in such a country.”.
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