C1Part 5Work
Chapter 4Supplementary
I181Ships and hovercraft
1
This Part applies in relation to—
a
work on ships,
b
work on hovercraft, and
c
seafarers,
only in such circumstances as are prescribed.
2
For the purposes of this section, it does not matter whether employment arises or work is carried out within or outside the United Kingdom.
3
“Ship” has the same meaning as in the Merchant Shipping Act 1995.
4
“Hovercraft” has the same meaning as in the Hovercraft Act 1968.
5
“Seafarer” means a person employed or engaged in any capacity on board a ship or hovercraft.
6
Nothing in this section affects the application of any other provision of this Act to conduct outside England and Wales or Scotland.
I282Offshore work
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.
I383Interpretation and exceptions
1
This section applies for the purposes of this Part.
2
“Employment” means—
a
employment under a contract of employment, a contract of apprenticeship or a contract personally to do work;
b
Crown employment;
c
employment as a relevant member of the House of Commons staff;
d
employment as a relevant member of the House of Lords staff.
3
This Part applies to service in the armed forces as it applies to employment by a private person; and for that purpose—
a
references to terms of employment, or to a contract of employment, are to be read as including references to terms of service;
b
references to associated employers are to be ignored.
4
A reference to an employer or an employee, or to employing or being employed, is (subject to section 212(11)) to be read with subsections (2) and (3); and a reference to an employer also includes a reference to a person who has no employees but is seeking to employ one or more other persons.
5
“Relevant member of the House of Commons staff” has the meaning given in section 195 of the Employment Rights Act 1996; and such a member of staff is an employee of—
a
the person who is the employer of that member under subsection (6) of that section, or
b
if subsection (7) of that section applies in the case of that member, the person who is the employer of that member under that subsection.
6
“Relevant member of the House of Lords staff” has the meaning given in section 194 of that Act (which provides that such a member of staff is an employee of the Corporate Officer of the House of Lords).
7
In the case of a person in Crown employment, or in employment as a relevant member of the House of Commons staff, a reference to the person's dismissal is a reference to the termination of the person's employment.
8
A reference to a personal or public office, or to an appointment to a personal or public office, is to be construed in accordance with section 52.
9
“Crown employment” has the meaning given in section 191 of the Employment Rights Act 1996.
10
Schedule 8 (reasonable adjustments) has effect.
11
Schedule 9 (exceptions) has effect.
Pt. 5 applied (1.8.2011) by the Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011 (S.I. 2011/1771), regs. 3-5