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, 50 to 57 and 61 to 63, Parts VII and VIII, sections 92 and 93 and (subject to subsection (3)) 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.
3
Part X applies to employment such as is mentioned in subsection (2) if—
a
section 84 applies to the employee’s dismissal, or
b
she is treated as dismissed by section 96,
and Part XI applies to employment such as is so mentioned if the employee is treated as dismissed by section 137.
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
Section 196(6) does not apply to an employee, and section 197(3) does not apply to a contract of employment, if the employee is—
a
employed as a master or seaman in a British ship, and
b
ordinarily resident in Great Britain.