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5.—(1) Subject to paragraph (2)—
(a)these Regulations apply to sea-going United Kingdom ships wherever they may be, and
(b)regulation 18(1)(b) applies to sea-going ships (including hovercraft) which are not United Kingdom ships, when they are in a United Kingdom port or United Kingdom waters.
(2) These Regulations do not apply to—
(a)pleasure vessels,
(b)fishing vessels,
(c)warships or naval auxiliaries,
(d)offshore installations whilst on their working stations.
(3) These Regulations do not apply to (in the case of regulation 7, do not apply as respects)—
(a)any person whose work is not part of the routine business of the ship and whose principal place of work is ashore,
(b)any person who is subject to any requirement contained in the Working Time Regulations 1998(1), the Merchant Shipping (Working Time: Inland Waterway) Regulations 2003(2) or the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004(3).
S.I.1998/1833, amended by S.I. 1999/3242 and 3372, S.I. 2001/3256, S.I. 2002/3128, S.I. 2003/1684 and 3049, S.I. 2004/1713, 2516 and 2241, S.I. 2006/99, 557, 594 and 2389, S.I. 2007/2079, S.I. 2008/960, 1660 and 1696 and S.I. 2009/1567 and 2766.
S.I. 2003/3049 amended by S.I. 2006/3223.
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