Section 199 | Mariners.

(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.^F1F2

(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 6A to 8B, sections 92 and 93 and . . . 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.^{F3F4F5F6F7F8F9F10F11}

(3)Repealed^F12

(4)Sections 8 to 10 and 50 to 54 ... do not apply to employment as a merchant seaman.^F13

(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(6)Repealed^F14

(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—^F15

(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,^F15

(b)under his contract of employment the person employed does not work wholly outside Great Britain, and^F15

(c)the person employed is ordinarily resident in Great Britain.^F15

(8)The provisions are—^F15

(a)sections 8 to 10,^F15

(b)Parts II, 2B, III and V,^F15F16

(ba)Part 5B,^F15F17

(c)Part VI, apart from sections 58 to 60,^F15

(d)Parts 6A to 8B,^F15F18F19

(e)sections 92 and 93, and^F15

(f)Part X.^F15