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| Home workers who are not otherwise "workers". |
33. - (1) In determining for the purposes of this Act whether a home worker is or is not a worker, section 52(3)(b) below shall have effect as if for the word "personally" there were substituted "(whether personally or otherwise)".
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(2) In this section "home worker" means an individual who contracts with a person, for the purposes of that person's business, for the execution of work to be done in a place not under the control or management of that person.
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| Crown employment. |
34. - (1) Subject to section 35 below, the provisions of this Act have effect in relation to Crown employment and persons in Crown employment as they have effect in relation to other employment and other workers.
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(2) In this Act, subject to section 35 below, "Crown employment" means employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by statutory provision.
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(3) For the purposes of the application of the other provisions of this Act in relation to Crown employment in accordance with subsection (1) above-
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(a) references to an employee or a worker shall be construed as references to a person in Crown employment; |
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(b) references to a contract of employment or a worker's contract shall be construed as references to the terms of employment of a person in Crown employment; and |
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(c) references to dismissal, or to the termination of a worker's contract, shall be construed as references to the termination of Crown employment. |
| Armed forces. |
35. - (1) A person serving as a member of the naval, military or air forces of the Crown does not qualify for the national minimum wage in respect of that service.
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(2) Section 34 above applies to employment by an association established for the purposes of Part XI of the Reserve Forces Act 1996, notwithstanding anything in subsection (1) above.
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| House of Lords staff. |
36. - (1) Apart from section 19 above, the provisions of this Act have effect in relation to employment as a relevant member of the House of Lords staff as they have effect in relation to other employment.
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(2) Nothing in any rule of law or the law or practice of Parliament prevents a relevant member of the House of Lords staff from bringing before the High Court or a county court any claim under this Act.
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(3) In this section "relevant member of the House of Lords staff" means any person who is employed under a contract of employment with the Corporate Officer of the House of Lords.
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| House of Commons staff. |
37. - (1) Apart from section 19 above, the provisions of this Act have effect in relation to employment as a relevant member of the House of Commons staff as they have effect in relation to other employment.
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(2) Nothing in any rule of law or the law or practice of Parliament prevents a relevant member of the House of Commons staff from bringing before the High Court or a county court any claim under this Act.
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(3) In this section "relevant member of the House of Commons staff" means any person-
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(a) who was appointed by the House of Commons Commission; or |
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(b) who is a member of the Speaker's personal staff. |
| Mariners. |
38. For the purposes of this Act, an individual employed to work on board a ship registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 shall be treated as an individual who under his contract ordinarily works in the United Kingdom unless-
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(a) the employment is wholly outside the United Kingdom; or |
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(b) the person is not ordinarily resident in the United Kingdom; |
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and related expressions shall be construed accordingly.
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Extensions |
| Power to apply Act to individuals who are not otherwise "workers". |
39. The Secretary of State may by regulations make provision for this Act to apply, with or without modifications, as if-
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(a) any individual of a prescribed description who would not otherwise be a worker for the purposes of this Act were a worker for those purposes; |
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(b) there were in the case of any such individual a worker's contract of a prescribed description under which the individual works; and |
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(c) a person of a prescribed description were the employer under that contract. |
