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Pensions Act 2008

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This is the original version (as it was originally enacted).

97Persons in offshore employment
This section has no associated Explanatory Notes

(1)Her Majesty may by Order in Council provide that, to the extent and for the purposes specified in the Order, the relevant provisions apply, with or without modification, in relation to a person in offshore employment.

(2)For the purposes of this section, the relevant provisions are—

(a)this Part (and any enactment as amended by this Part), and

(b)any provision in force in Northern Ireland corresponding to any provision of this Part (and any enactment as amended by such a provision).

(3)In this section, “offshore employment” has the same meaning as in section 201(1) of the Employment Rights Act 1996 (c. 18).

(4)An Order in Council under this section—

(a)may provide for a provision to apply in relation to individuals whether or not they are British subjects;

(b)may provide for a provision to apply in relation to bodies corporate whether or not they are incorporated under the law of a part of the United Kingdom;

(c)may do so even where the application may affect the individual’s or body’s activities outside the United Kingdom.

(5)An Order in Council under this section—

(a)may make different provision for different cases;

(b)may provide for a court or tribunal on which jurisdiction is conferred by the relevant provisions to have jurisdiction, in respect of offences or other matters, for the purposes of any provision as it applies by virtue of the Order;

(c)may (without prejudice to subsection (1) and paragraph (a)) provide for a provision to apply in relation to any person in employment in a part of the areas referred to in section 201(1)(a) and (b) of the Employment Rights Act 1996 (c. 18);

(d)may exclude from the operation of section 3 of the Territorial Waters Jurisdiction Act 1878 (c. 73) (consents required for prosecutions) proceedings for offences under any provision as it applies by virtue of the Order;

(e)may provide that such proceedings may not be brought without such consent as may be required by the Order.

(6)Any jurisdiction conferred on a court or tribunal under this section is without prejudice to jurisdiction exercisable apart from this section by that or any other court or tribunal.

(7)No Order in Council may be made under this section unless a draft of the Order has been laid before and approved by a resolution of each House of Parliament.

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