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10. (1) For the purposes of this Part (“the relevant purposes”), employment is to be regarded as being at an establishment in Great Britain if the employee—
(a)does his work wholly or partly in Great Britain; or
(b)does his work wholly outside Great Britain and paragraph (2) applies.
(2) This paragraph applies if—
(a)the employer has a place of business at an establishment in Great Britain;
(b)the work is for the purposes of the business carried on at that establishment; and
(c)the employee is ordinarily resident in Great Britain—
(i)at the time when he applies for or is offered the employment, or
(ii)at any time during the course of the employment.
(3) The reference to “employment” in paragraph (1) includes—
(a)employment on board a ship only if the ship is registered at a port of registry in Great Britain, and
(b)employment on an aircraft or hovercraft only if the aircraft or hovercraft is registered in the United Kingdom and operated by a person who has his principal place of business, or is ordinarily resident, in Great Britain.
(4) Subject to paragraph (5), for the purposes of determining if employment concerned with the exploration of the sea bed or sub-soil or the exploitation of their natural resources is outside Great Britain, this regulation has effect as if references to Great Britain included—
(a)any area designated under section 1(7) of the Continental Shelf Act 1964(1) except an area or part of an area in which the law of Northern Ireland applies; and
(b)in relation to employment concerned with the exploration or exploitation of the Frigg Gas Field, the part of the Norwegian sector of the Continental Shelf described in Schedule 1.
(5) Paragraph (4) shall not apply to employment which is concerned with the exploration or exploitation of the Frigg Gas Field unless the employer is—
(a)a company registered under the Companies Act 1985(2);
(b)an oversea company which has established a place of business within Great Britain from which it directs the exploration or exploitation in question; or
(c)any other person who has a place of business within Great Britain from which he directs the exploration or exploitation in question.
(6) In this regulation—
“the Frigg Gas Field” means the naturally occurring gas-bearing sand formations of the lower Eocene age located in the vicinity of the intersection of the line of latitude 59 degrees 53 minutes North and of the dividing line between the sectors of the Continental Shelf of the United Kingdom and the Kingdom of Norway and includes all other gas-bearing strata from which gas at the start of production is capable of flowing into the above-mentioned gas-bearing sand formations;
“oversea company” has the same meaning as in section 744 of the Companies Act 1985.
(7) This regulation applies in relation to contract work within the meaning of regulation 9 as it applies in relation to employment; and, in its application to contract work, references to “employee”, “employer” and “employment” are references to (respectively) “contract worker”, “principal” and “contract work” within the meaning of regulation 9.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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