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The Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011

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Application of Part 5 of the Act to seafarers working wholly or partly in Great Britain and adjacent waters

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3.  (1)  Part 5 of the Act applies to a seafarer who works wholly or partly within Great Britain (including United Kingdom waters adjacent to Great Britain) if the seafarer is on—

(a)a United Kingdom ship and the ship’s entry in the register maintained under section 8 of the Merchant Shipping Act 1995 specifies a port in Great Britain as the ship’s port of choice, or

(b)a hovercraft registered in the United Kingdom and operated by a person whose principal place of business, or ordinary residence, is in Great Britain.

(2) Part 5 of the Act, except in relation to the protected characteristic of marriage and civil partnership, also applies to a seafarer who works wholly or partly within Great Britain (including United Kingdom waters adjacent to Great Britain) and who is on—

(a)a ship registered in or entitled to fly the flag of an EEA State other than the United Kingdom, or

(b)a hovercraft registered in an EEA State other than the United Kingdom,

if paragraph (3) applies.

(3) This paragraph applies if—

(a)the ship or hovercraft is in United Kingdom waters adjacent to Great Britain,

(b)the seafarer is a British citizen, or a national of an EEA State other than the United Kingdom or of a designated state, and

(c)the legal relationship of the seafarer’s employment is located within Great Britain or retains a sufficiently close link with Great Britain.

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