{
  "url": "https://openlegislation.uk/employment-rights-act-2025/schedule-5/paragraph-9",
  "json_url": "https://openlegislation.uk/employment-rights-act-2025/schedule-5/paragraph-9.json",
  "legislation": "ukpga/2025/36",
  "legislation_title": "Employment Rights Act 2025",
  "legislation_url": "https://openlegislation.uk/employment-rights-act-2025",
  "path": "schedule/5/paragraph/9",
  "kind": "paragraph",
  "number": "9",
  "heading": "Chapters 3 and 4 of Part 2 of the Act: remuneration regulations and declarations",
  "text": "After section 4 insert—\n“Chapter 3\nRemuneration regulations and declarations\nRemuneration regulations\nRemuneration regulations\n4A (1) Regulations may specify requirements relating to the remuneration of non-qualifying seafarers in respect of their work carried out in relation to the provision of a relevant service (whether or not in the territorial waters of the United Kingdom).\n(2) In this Act, regulations under subsection (1) are referred to as “remuneration regulations”.\n(3) Remuneration regulations may relate to remuneration in respect of only some of the work carried out in relation to the provision of a relevant service, and may frame such provision by reference to the waters in which the work is carried out or in any other way.\n(4) Remuneration regulations may apply to—\n(a) all relevant services, or\n(b) one or more relevant services of a specified description.\n(5) For the purposes of subsection (4)(b), a service may be described by reference to (among other things) the route operated by the service.\n(6) Remuneration regulations may provide that Chapter 2 does not apply to any extent to a relevant service to which the regulations apply.\nRemuneration declarations\nRequest for remuneration declaration\n4B (1) Subsection (2) applies where a harbour authority has reasonable grounds to believe that ships providing a service to which remuneration regulations apply will enter, or have entered, its harbour on at least—\n(a) 120 occasions, or\n(b) if remuneration regulations specify a higher number in relation to services of a specified description and the service is of that description, that higher number of occasions,\nduring a relevant year (see section 19 for the meaning of “relevant year”).\n(2) The harbour authority must, within such period as is determined by regulations under this subsection, request that the operator of the service provide the authority with a remuneration declaration in respect of the service for the relevant year.\n(3) The duty under subsection (2) is subject to any direction given by the Secretary of State under section 16(1)(a).\n(4) A harbour authority which fails to comply with subsection (2) is guilty of an offence and liable on summary conviction—\n(a) in England and Wales, to a fine, or\n(b) in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.\nNature of remuneration declaration\n4C (1) A remuneration declaration in respect of a service for a relevant year is a declaration within any of subsections (2) to (5).\n(2) A declaration is within this subsection if it is provided before the beginning of the relevant year and it is to the effect that—\n(a) in the relevant year there will be no non-qualifying seafarers working on ships providing the service, or\n(b) in the relevant year non-qualifying seafarers working on ships providing the service will be remunerated in respect of their work in relation to the service in accordance with the remuneration regulations that apply in relation to them.\n(3) A declaration is within this subsection if it is provided during the relevant year and it is to the effect that—\n(a) in what remains of the relevant year there will be no non-qualifying seafarers working on ships providing the service, or\n(b) in what remains of the relevant year non-qualifying seafarers working on ships providing the service will be remunerated in respect of their work in relation to the service in accordance with the remuneration regulations that apply in relation to them.\n(4) A declaration is within this subsection if it is provided during the relevant year and it is to the effect that—\n(a) in so much of the relevant year as has already occurred—\n(i) there have been no non-qualifying seafarers working on ships providing the service, or\n(ii) non-qualifying seafarers working on ships providing the service have been remunerated in respect of their work in relation to the service in accordance with the remuneration regulations that apply in relation to them, and\n(b) in what remains of the relevant year—\n(i) there will be no non-qualifying seafarers working on ships providing the service, or\n(ii) non-qualifying seafarers working on ships providing the service will be remunerated in respect of their work in relation to the service in accordance with the remuneration regulations that apply in relation to them.\n(5) A declaration is within this subsection if it is provided after the end of the relevant year and it is to the effect that—\n(a) in the relevant year there were no non-qualifying seafarers working on ships providing the service, or\n(b) in the relevant year non-qualifying seafarers working on ships providing the service were remunerated in respect of their work in relation to the service in accordance with the remuneration regulations that apply in relation to them.\nChapter 4\nChapters 2 and 3: supplementary regulations\nRegulations about national minimum wage equivalent etc\n4D (1) For the purposes of this Part, the national minimum wage equivalent is an hourly rate specified in regulations.\n(2) Regulations may make provision for determining for the purposes of this Part—\n(a) the hourly rate at which a non-qualifying seafarer is remunerated in any period in respect of any work, and\n(b) whether, or the extent to which, a non-qualifying seafarer’s work in relation to a relevant service is UK work.\n(3) Regulations under subsection (2)(a) may in particular make—\n(a) any provision referred to in section 2(2) to (6) of the National Minimum Wage Act 1998;\n(b) provision relating to currency conversion.\n(4) Subsection (5) applies for the purposes of—\n(a) section 4, and\n(b) remuneration regulations that are framed by reference to the national minimum wage equivalent.\n(5) The Secretary of State must in making regulations under this section seek to secure that a non-qualifying seafarer is remunerated at a rate equal to the national minimum wage equivalent only if their remuneration is in all the circumstances broadly equivalent to the remuneration they would receive if they qualified for the national minimum wage.”",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 5 para. 9 not in force at Royal Assent, see s. 159(3)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "Sch. 5 para. 9 in force at 30.10.2026 by S.I. 2026/1065, reg. 3(d)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2025/36/schedule/5/paragraph/9",
    "retrieved_at": "2026-10-31T10:33:14.747207+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}