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Equality Act 2010

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82Offshore workE+W+S+N.I.

This section has no associated Explanatory Notes

(1)Her Majesty may by Order in Council provide that in the case of persons in offshore work—

(a)specified provisions of this Part apply (with or without modification);

(b)Northern Ireland legislation making provision for purposes corresponding to any of the purposes of this Part applies (with or without modification).

(2)The Order may—

(a)provide for these provisions, as applied by the Order, to apply to individuals (whether or not British citizens) and bodies corporate (whether or not incorporated under the law of a part of the United Kingdom), whether or not such application affects activities outside the United Kingdom;

(b)make provision for conferring jurisdiction on a specified court or class of court or on employment tribunals in respect of offences, causes of action or other matters arising in connection with offshore work;

(c)exclude from the operation of section 3 of the Territorial Waters Jurisdiction Act 1878 (consents required for prosecutions) proceedings for offences under the provisions mentioned in subsection (1) in connection with offshore work;

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

(3)“Offshore work” is work for the purposes of—

(a)activities in the territorial sea adjacent to the United Kingdom,

(b)activities such as are mentioned in subsection (2) of section 11 of the Petroleum Act 1998 in waters within subsection (8)(b) or (c) of that section, or

(c)activities mentioned in paragraphs (a) and (b) of section 87(1) of the Energy Act 2004 in waters to which that section applies.

(4)Work includes employment, contract work, a position as a partner or as a member of an LLP, or an appointment to a personal or public office.

(5)Northern Ireland legislation includes an enactment contained in, or in an instrument under, an Act that forms part of the law of Northern Ireland.

(6)In the application to Northern Ireland of subsection (2)(b), the reference to employment tribunals is to be read as a reference to industrial tribunals.

(7)Nothing in this section affects the application of any other provision of this Act to conduct outside England and Wales or Scotland.

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Commencement Information

I1S. 82 wholly in force; s. 82 not in force at Royal Assent see s. 216; s. 82 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; s. 82 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(5)(e) (with art. 15)

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