Part XIIIE+W+S Miscellaneous

Chapter IE+W+S Particular types of employment

Excluded classes of employmentE+W+S

199 Mariners.E+W+S

(1)Sections 1 to 7, [F1Parts 2 and 2B] 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 [F2or an agreement specified in regulations under section 32(a) of the Merchant Shipping Act 1995].

(2)Sections 8 to 10, Part III, sections 44, 45, 47, [F347C, [F4[F547E], [F647F,]] [F7Part 5B, sections] 50 to 57B] and 61 to 63, [F8Parts [F96A to 8B]], sections 92 and 93 and F10. . . [F11Part X] 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.

F12(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Sections 8 to 10 and 50 to 54 F13... 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)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15(7)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.

F15(8)The provisions are—

(a)sections 8 to 10,

(b) Parts II, [F162B,] III and V,

[F17(ba)Part 5B,]

(c)Part VI, apart from sections 58 to 60,

[F18(d)Parts [F196A to 8B],]

(e)sections 92 and 93, and

(f)Part X.]

Textual Amendments

F1Words in s. 199(1) substituted (31.7.2023 for specified purposes) by Employment (Allocation of Tips) Act 2023 (c. 13), ss. 12(2)(c)(i), 14(2); S.I. 2023/876, reg. 3(c)

F3Words in s. 199(2) substituted (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 34(a); S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 paras. 8, 10, 11)

F5Word in s. 199(2) substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 41(8), 59(2)-(4); S.I. 2005/872, arts. 4, 5, Sch. (subject to arts. 6-12)

F6Words in s. 199(2) inserted (6.4.2010 for certain purposes and otherwise prosp.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 40, 269(4), Sch. 1 para. 7(a); S.I. 2010/303, art. 4, Sch. 3 (with arts. 8-14) (as amended by S.I. 2010/1151, art. 22)

F12S. 199(3) repealed (15.12.1999) by 1999 c. 26, ss. 9, 44, Sch. 4 Pt. III para. 34(c), Sch. 9(2); S.I. 1999/2830, art. 2(1)-(3), Sch. 1 Pt. II, Sch. 2 Pt. II (with transitional provisions in Sch. 3 paras. 8, 10, 11)

F14S. 199(6) omitted (1.10.2002) by virtue of The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (S.I. 2002/2034), reg. 11, Sch. 2 Pt. 1 para. 3(16) (with regs. 13-20 and subject to transitional provisions in Sch. 2 Pt. 2)

F15S. 199(7)(8) inserted (25.10.1999) by 1999 c. 26, s. 32(4); S.I. 1999/2830, art. 2(1)(2), Sch. 1 Pt. I (with transitional provisions in Sch. 3 para. 7(2))