The Social Security (Employed Earners' Employments for Industrial Injuries Purposes) Regulations 1975

Regulation 6

PART III AIRMEN`S EMPLOYMENTS TO BE TREATED AS EMPLOYED EARNERS` EMPLOYMENTS FOR INDUSTRIAL INJURIES PURPOSES

1.  In the provisions of this Part of this Schedule—

“airman” means a person who is, or has been, employed under a contract of service either as a pilot, commander, navigator or other member of the crew of any aircraft, or in any other capacity on board any aircraft where—

(a)

the employment in that other capacity is for the purposes of the aircraft or its crew or any passengers or cargo or mails carried thereby; and

(b)

the contract is entered into in the United Kingdom with a view to its performance (in whole or in part) while the aircraft is in flight;

“British aircraft” means any aircraft belonging to Her Majesty and any aircraft registered in the United Kingdom of which the owner (or managing owner if there is more than one owner) resides or has his principal place of business in Great Britain, and references to the owner of an aircraft shall, in relation to an aircraft which has been hired, be taken as referring to the person for the time being entitled as hirer to possession and control of the aircraft by virtue of the hiring or any subordinate hiring.

2.  Where an airman is employed as such on board any aircraft, and the employer of that airman or the person paying the airman his earnings in respect of the employment (whether or not the person making the payment is acting as agent for the employer) or the persons under whose directions the terms of the airman's employment and the amount of the earnings to be paid in respect thereof are determined has—

(1) in the case of the aircraft being a British aircraft, a place of business in Great Britain; or

(2) in any other case, his principal place of business in Great Britain, then that employment of the airman shall be treated as employed earner's employment.

3.  Employment under a contract to act as pilot, commander, navigator or other member of the crew of such of the aircraft of a particular owner or owners as may be determined in accordance with the contract where the employment would be included in paragraph 2 of this Part of this Schedule in the case of each aircraft if his contract related to it alone.