20Chapter 4 Supplementary

76 Ships and hovercraft

(1) This Part applies in relation to—

(a) work on ships,

(b) 25work on hovercraft, and

(c) seafarers,

only in such circumstances as are prescribed.

(2) For the purposes of this section, it does not matter whether employment arises
or work is carried out within or outside the United Kingdom.

(3) 30“Ship” has the same meaning as in the Merchant Shipping Act 1995.

(4) “Hovercraft” has the same meaning as in the Hovercraft Act 1968.

(5) “Seafarer” means a person employed or engaged in any capacity on board a
ship or hovercraft.

(6) Nothing in this section affects the application of any other provision of this Act
35to conduct outside England and Wales or Scotland.

77 Offshore work

(1) Her Majesty may by Order in Council provide that in the case of persons in
offshore work—

(a) specified provisions of this Part apply (with or without modification);

(b) 5Northern Ireland legislation making provision for purposes
corresponding to any of the purposes of this Part applies (with or
without modification).

(2) The Order may—

(a) provide for these provisions, as applied by the Order, to apply to
10individuals (whether or not British citizens) and bodies corporate
(whether or not incorporated under the law of a part of the United
Kingdom), whether or not such application affects activities outside the
United Kingdom;

(b) make provision for conferring jurisdiction on a specified court or class
15of court or on employment tribunals in respect of offences, causes of
action or other matters arising in connection with offshore work;

(c) exclude from the operation of section 3 of the Territorial Waters
Jurisdiction Act 1878 (consents required for prosecutions) proceedings
for offences under the provisions mentioned in subsection (1) in
20connection with offshore work;

(d) provide that such proceedings must not be brought without such
consent as may be required by the Order.

(3) “Offshore work” is work for the purposes of—

(a) activities in the territorial sea adjacent to the United Kingdom;

(b) 25activities such as are mentioned in subsection (2) of section 11 of the
Petroleum Act 1998 in waters within subsection (8)(b) or (c) of that
section;

(c) activities mentioned in paragraphs (a) and (b) of section 87(1) of the
Energy Act 2004 in waters to which that section applies.

(4) 30Work includes employment, contract work, a position as a partner or as a
member of an LLP, or an appointment to a personal or public office.

(5) Northern Ireland legislation includes an enactment contained in, or in an
instrument under, an Act that forms part of the law of Northern Ireland.

(6) In the application to Northern Ireland of subsection (2)(b), the reference to
35employment tribunals is to be read as a reference to industrial tribunals.

(7) Nothing in this section affects the application of any other provision of this Act
to conduct outside England and Wales or Scotland.

78 Interpretation and exceptions

(1) This section applies for the purposes of this Part.

(2) 40“Employment” means—

(a) employment under a contract of employment, a contract of
apprenticeship or a contract personally to do work;

(b) Crown employment;

(c) employment as a relevant member of the House of Commons staff;

(d) 45employment as a relevant member of the House of Lords staff.

(3) This Part applies to service in the armed forces as it applies to employment by
a private person; and for that purpose—

(a) references to terms of employment, or to a contract of employment, are
to be read as including references to terms of service;

(b) 5references to associated employers are to be ignored.

(4) A reference to an employer or an employee, or to employing or being
employed, is (subject to section 199(10)) to be read with subsections (2) and (3);
and a reference to an employer also includes a reference to a person who has
no employees but is seeking to employ one or more other persons.

(5) 10“Relevant member of the House of Commons staff” has the meaning given in
section 195 of the Employment Rights Act 1996; and such a member of staff is
an employee of—

(a) the person who is the employer of that member under subsection (6) of
that section, or

(b) 15if subsection (7) of that section applies in the case of that member, the
person who is the employer of that member under that subsection.

(6) “Relevant member of the House of Lords staff” has the meaning given in
section 194 of that Act (which provides that such a member of staff is an
employee of the Corporate Officer of the House of Lords).

(7) 20In the case of a person in Crown employment, or in employment as a relevant
member of the House of Commons staff, a reference to the person’s dismissal
is a reference to the termination of the person’s employment.

(8) A reference to a personal or public office, or to an appointment to a personal or
public office, is to be construed in accordance with section 49.

(9) 25“Crown employment” has the meaning given in section 191 of the Employment
Rights Act 1996.

(10) Schedule 8 (reasonable adjustments) has effect.

(11) Schedule 9 (exceptions) has effect.