xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
5. It is not a contravention of section 39(1)(b) or (2)(a) or 41(1)(a) of the Act, as applied by regulations 3 and 4, for an employer or principal to offer to pay or to pay a person (A) at a lower rate than that at which the employer or principal offers to pay or pays another person (B) because A is of a different nationality from B, if—
(a)A—
(i)applied for work as a seafarer, or
(ii)was recruited as a seafarer,
outside Great Britain, and
(b)A is not—
(i)a British Citizen,
(ii)a national of [F1an] EEA State, or
(iii)a national of a designated state.
Textual Amendments
F1Word in reg. 5(b)(ii) substituted (31.12.2020) by The Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations 2018 (S.I. 2018/1221), reg. 2(b), Sch. para. 22(4); 2020 c. 1, Sch. 5 para. 1(1)