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40.—(1) Subject to paragraph (3), no long haul crew member shall be –
(a)a negotiating representative; or
(b)an information and consultation representative.
(2) In paragraph (1), a “long haul crew member” means a person who is a member of a merchant navy crew other than –
(a)a ferry worker; or
(b)a person who normally works on voyages the duration of which is less than 48 hours.
(3) Paragraph (1) does not apply where the employer decides that the long haul crew member in question shall be permitted to be, as the case may be, a negotiating representative or an information and consultation representative.
(4) Where paragraph (1) applies, no long haul crew member shall –
(a)stand as a candidate for election as a negotiating representative or an information and consultation representative; or
(b)be elected or appointed to be a negotiating representative or an information and consultation representative.
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