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, F247D, 50 to 57B and 61 to 63, F3Parts 7, 8 and 8A , sections 92 and 93 and F4. . . 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.
F53
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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
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F77
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.
F78
The provisions are—
a
sections 8 to 10,
b
Parts II, III and V,
c
Part VI, apart from sections 58 to 60,
F8d
Parts 7, 8 and 8A,
e
sections 92 and 93, and
f
Part X.