Race Relations Act 1976

9 Exception for seamen recruited abroad. E+W+S

(1) Nothing in section 4 shall render unlawful any act done by an employer in or in connection with employment by him on any ship in the case of a person who applied or was engaged for that employment outside Great Britain [F1 to the extent that the act—

(a) relates to the pay the person receives in respect of his employment, and

(b) amounts to discrimination against the person on the basis of his nationality.]

(2) Nothing in section 7 shall, as regards work to which that section applies, render unlawful any act done by the principal in or in connection with such work on any ship in the case of a contract worker who was engaged outside Great Britain by the person by whom he is supplied [F2 to the extent that the act—

(a) relates to the pay the person receives in respect of the work, and

(b) amounts to discrimination against the person on the basis of his nationality.]

(3) Subsections (1) and (2) do not apply to employment or work concerned with exploration of the sea bed or subsoil or the exploitation of their natural resources in any area for the time being designated under section 1(7) of the M1 Continental Shelf Act 1964, not being an area or part of an area in which the law of Northern Ireland applies.

(4) For the purposes of subsection (1) a person brought to Great Britain with a view to his entering into an agreement in Great Britain to be employed on any ship shall be treated as having applied for the employment outside Great Britain.

[F3 (5) In this section—

• “pay” includes retirement or death benefit;

• “retirement or death benefit” means a pension, annuity, lump sum, gratuity or other similar benefit which will be paid or given to the employee or contract worker or a member of his family or household in the event of his retirement or death.]

Annotations:

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Amendments (Textual)

F1 Words in s. 9(1) added (19.7.2003) by The Race Relations Act 1976 (Seamen Recruited Abroad) Order 2003 (S.I. 2003/1651), art. 2(2)

F2 Words in s. 9(2) added (19.7.2003) by The Race Relations Act 1976 (Seamen Recruited Abroad) Order 2003 (S.I. 2003/1651), art. 2(3)

F3 S. 9(5) added (19.7.2003) by The Race Relations Act 1976 (Seamen Recruited Abroad) Order 2003 (S.I. 2003/1651), art. 2(4)

Marginal Citations

M1 1964 c. 29.