SCHEDULES

SCHEDULE 4Persons who are exempt

PART 2Definitions of persons who are exempt, conditions, limitations of exemption and savings

F139. Seasonal Agricultural Worker

67.

(1)

A person (“P”) who on arrival in Northern Ireland has an offer of employment for seasonal work to carry out specified activities in relation to edible horticulture on a specified farm.

(2)

For the purposes of sub-paragraph (1)—

(a)

“seasonal work” is employment which fluctuates or is restricted due to the season or time of the year;

(b)

“edible horticulture” means growing—

(i)

protected vegetables grown in glasshouse systems,

(ii)

field vegetables grown outdoors, including vegetables, herbs, leafy salads and potatoes,

(iii)

soft fruit grown outdoors or under cover,

(iv)

trees that bear fruit,

(v)

vines and bines,

(vi)

mushrooms;

(c)

“specified farm” means the farm named in that person’s passenger information;

(d)

“specified activities” means—

(i)

crop maintenance,

(ii)

crop harvesting,

(iii)

tunnel construction and dismantling,

(iv)

irrigation installation and maintaining,

(v)

crop husbandry,

(vi)

packing and processing of crops on employer’s premises,

(vii)

preparing and dismantling growing areas and media,

(viii)

general primary production work in edible horticulture,

(ix)

activities relating to supervising teams of horticulture workers.