Section 31 | Collective redundancy notifications: ships’ crew

(1)In the Trade Union and Labour Relations (Consolidation) Act 1992, section 193A is amended in accordance with subsections (2) to (5).

(2)For the heading substitute “Application of section 193 in certain cases involving redundancies of ships’ crew”.

(3)In subsection (1)—

(a)in the words before paragraph (a), for “has effect subject to this section” substitute “applies with the modifications set out in subsections (2) and (3)”;

(b)in paragraph (b)—

(i)at the beginning insert “some or all of”;

(ii)for “vessel” substitute “ship”.

(4)In subsection (2)—

(a)before “to the competent authority” insert “, so far as relating to the members of crew of a ship within subsection (1)(b),”;

(b)for “vessel” substitute “ship”;

(c)for “instead of” substitute “as well as”.

(5)After subsection (2) insert—

(3)Where this subsection applies, section 193 is to be read as if references in subsections (4) and (6) to a notice were to the notice that is required to be given to the Secretary of State.

(4)In this section “ship” includes—

(a)any kind of vessel used in navigation, and

(b)hovercraft.

(6)In section 285 of the Trade Union and Labour Relations (Consolidation) Act 1992 (employment outside Great Britain)—

(a)in subsection (1B), after “United Kingdom” insert “or a GB-linked ship”;

(b)after subsection (2) insert—

(3)In this section, “GB-linked ship” means a ship providing a service—

(a)for the carriage of persons or goods, with or without vehicles, and

(b)that is within subsection (4) or (5).

(4)A service is within this subsection if it is operated between a place in Great Britain and another place in the United Kingdom.

(5)A service is within this subsection if—

(a)ships providing the service entered a harbour in Great Britain on at least 120 occasions in the period of 12 months ending with the day when the redundancy proposal in question is settled by the employer, or

(b)if the service has been provided for less than 12 months before that day, ships providing the service entered a harbour in Great Britain on at least 10 occasions in each month for which the service has been provided.

(6)But a service is not within subsection (5) if the service—

(a)is for the purpose of leisure or recreation, or

(b)is provided by a fishing vessel.

(7)In this section—

“harbour” has the same meaning as in the Harbours Act 1964;

“ship” has the same meaning as in section 193A (see subsection (4) of that section).