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

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2.—(1) In these Regulations—

“the Act” means the Equality Act 2010;

“British citizen” has the same meaning as in the British Nationality Act 1981(1);

“designated state” means the countries of the African, Caribbean and Pacific Group of States, the Kingdom of Morocco, Montenegro, the Most Serene Republic of San Marino, the People’s Democratic Republic of Algeria, the Principality of Andorra, the Republic of Albania, the Republic of Croatia, the Republic of Macedonia, the Republic of Tunisia, the Republic of Turkey, the Russian Federation or the Swiss Confederation;              

“United Kingdom ship” means a ship registered in the United Kingdom under Part II of the Merchant Shipping Act 1995(2), and

“United Kingdom waters” means the sea or other waters within the seaward limits of the territorial sea of the United Kingdom.

(2) For the purposes of regulations 3(3)(c) and 4(2)(b)—

(a)the legal relationship of the seafarer’s employment is located within Great Britain if the contract under which the seafarer is employed—

(i)was entered into in Great Britain; or

(ii)takes effect in Great Britain,

(b)whether the legal relationship of the seafarer’s employment retains a sufficiently close link with Great Britain is to be determined by reference to all relevant factors including—

(i)where the seafarer is subject to tax;

(ii)where the employer or principal is incorporated;

(iii)where the employer or principal is established;

(iv)where the ship or hovercraft on which the seafarer works is registered.

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