- adequate rest
means that a worker has regular rest periods, the duration of which are expressed in units of time and which are sufficiently long and continuous to ensure that, as a result of fatigue or other irregular working patterns, he does not cause injury to himself, to fellow workers or to others and that he does not damage his health, either in the short term or in the longer term.
- collective agreement
means a collective agreement within the meaning of section 178 of the Trade Union and Labour Relations (Consolidation Act 1992, the trade union parties to which are independent trade unions within the meaning of section 5 of that Act;
- excluded days
means—
- free health assessment
means a health assessment which is free of charge to the worker to whom it relates;
- immediate family
means, in relation to an individual, the spouse or civil partner of the individual, and a relative of the individual or the individual’s spouse or civil partner;
- MCA
means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;
- Merchant Shipping Notice
means a Notice described as such and issued by the MCA;
- night time
means the period between 11 p.m. and 6 a.m.;
- night work
means work during night time;
- night worker
means a worker— (a) who, as a normal course, works at least three hours of his daily working time during night time, or (b) who is likely, during night time, to work at least such proportion of his annual working time as may be specified for the purposes of these Regulations in a collective agreement or a workforce agreement, and, for the purpose of paragraph (a) of this definition, a person works hours as a normal course (without prejudice to the generality of that expression) if he works such hours on the majority of days on which he works;
- passenger
means any person carried in a vessel other than— (a) the master, a member of the crew or other person employed or engaged in any capacity on board the vessel on the business of the vessel, (b) a person on board the vessel in pursuance of an obligation laid upon the master to carry shipwrecked, distressed or other persons or by reason of any circumstance that neither the master nor the owner could have prevented or forestalled, and (c) a child under one year old;
- passenger ship
means a vessel carrying more than 12 passengers;
- pleasure vessel
means— (a) any vessel which at the time it is being used is— (a) in the case of a vessel wholly owned by— (aa) an individual or individuals, used only for the sport or pleasure of the owner or the immediate family or friends of the owner;
- qualified lawyer
means—
- reference period
means— (a) 52 weeks, or (b) where the duration of the worker’s employment relationship is less than 52 weeks, the length of the worker’s employment relationship;
- regulatory provision
has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).
- relative
means brother, sister, ancestor or lineal descendant;;
- relevant training
means work experience provided pursuant to a training course or programme, training for employment, or both, other than work experience or training— (a) the immediate provider of which is an educational institution or a person whose main business is the provision of training, and (b) which is provided on a course run by that institution or person;
- rest day
means an uninterrupted rest period of 24 hours which the worker spends in a place of the worker’s own choosing;
- rest period
means a period which is not working time, other than a rest break or leave to which the worker is entitled under these Regulations;
- sail training vessel
means a sailing vessel which is being used either— (a) to provide instruction in the principles of responsibility, resourcefulness, loyalty and team endeavour and to advance education in the art of seamanship;
- season
means a period of no more than nine consecutive months out of 12 months in which activities are tied to certain times of the year as a result of external circumstances such as weather conditions or tourist demand.
- shift work
means any method of organising work in shifts whereby workers succeed each other at the same workstations according to a certain pattern, including a rotating pattern, and which may be continuous or discontinuous, entailing the need for workers to work at different times over a given period of days or weeks;
- shift worker
means any worker whose work involves shift work;
- ship
includes hovercraft;
- work schedule
means a document containing the planned working days and rest days which is communicated to the worker in advance by the employer;
- worker
means a person employed (or, where the employment has ceased, who was employed) as a member of the travelling personnel of a ship to which these Regulations apply by an undertaking which operates services for passengers or goods but does not include a person who— (a) owns a business operating such services, or (b) is training in a sail training vessel or a person who is not engaged in the navigation of, or has no emergency safety responsibilities on, such a vessel;
- workforce agreement
means an agreement between an employer and workers employed by him or their representatives in respect of which the conditions set out in Schedule 1 to these Regulations are satisfied;
- working day
means any 24 hour period that includes working time;
- workstation
means any place where the worker carries out the worker’s duties.