Section 199 — Employment Rights Act 1996: Mariners.

Mariners. 199 1 Sections 1 to 7, Parts 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 or 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, 47C, 47E , 47F, Part 5B, sections 50 to 57B and 61 to 63, Parts , sections 92 and 93 and 6A to 8B . . . Part 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. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 Sections 8 to 10 and 50 to 54 ... 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

8 The provisions are—

a sections 8 to 10, b Parts II, 2B, III and V, ba Part 5B, c Part VI, apart from sections 58 to 60, d Parts 6A to 8B , e sections 92 and 93, and f Part X.