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2.—(1) Article 2 of the National Minimum Wage (Offshore Employment) Order 1999(1) is amended as follows.
(2) For paragraphs (2) and (3) substitute—
“(2) Paragraph (1) does not apply the provisions of the 1998 Act to or in relation to any individual employed for the purposes of activities on a ship exercising the right of innocent passage or the right of transit passage.
(3) In paragraph (2), “right of innocent passage” and “right of transit passage” are to be construed in accordance with the United Nations Convention on the Law of the Sea 1982(2).”
(3) After paragraph (4) insert—
“(5) Nothing in this article affects the operation of section 40 of the 1998 Act (application of the Act to individuals employed to work on ships registered in the United Kingdom).”
Cmnd 8941.
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