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Differentiation in relation to payE+W

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.