{
  "url": "https://openlegislation.uk/seafarers-wages-regulations-2024/regulation-16",
  "json_url": "https://openlegislation.uk/seafarers-wages-regulations-2024/regulation-16.json",
  "legislation": "uksi/2024/1015",
  "legislation_title": "The Seafarers’ Wages Regulations 2024",
  "legislation_url": "https://openlegislation.uk/seafarers-wages-regulations-2024",
  "path": "regulation/16",
  "kind": "regulation",
  "number": "16",
  "heading": "Determining whether the apprenticeship rate applies",
  "text": "(1) The apprenticeship rate applies to a seafarer—\n(a) who is employed under a contract of apprenticeship, apprenticeship agreement (within the meaning of section 32 of the Apprenticeships, Skills, Children and Learning Act 2009) or approved English apprenticeship agreement (within the meaning of section A1(3) of that Act), or is treated as employed under a contract of apprenticeship, and\n(b) who is within the first 12 months after the commencement of that employment or under 19 years of age.\n(2) A seafarer is treated as employed under a contract of apprenticeship if the seafarer is engaged—\n(a) in England, under Government arrangements known as Apprenticeships (Intermediate, Advanced, Higher and Degree Levels),\n(b) in Scotland, under Government arrangements known as Modern Apprenticeships,\n(c) in Northern Ireland, under Government arrangements known as Apprenticeships NI, or\n(d) in Wales, under Government arrangements known as Foundation Apprenticeships, Apprenticeships, Higher Apprenticeships or Degree Apprenticeships.\n(3) In paragraph (1)(b), a seafarer does not commence employment with an employer where that seafarer has previously been employed by another employer and the continuity of employment is preserved between the two employments by or under any enactment.\n(4) In this regulation, “Government arrangements” means—\n(a) in England, arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 or section 17B of the Jobseekers Act 1995;\n(b) in Wales, arrangements made by the Secretary of State or the Welsh Ministers under section 2 of the Employment and Training Act 1973, by the Secretary of State under section 17B of the Jobseekers Act 1995 or by the Commission for Tertiary Education and Research under sections 89(3), 93, 95 or 97 of the Tertiary Education and Research (Wales) Act 2022 or section 65 of the Further and Higher Education Act 1992;\n(c) in Scotland, arrangements made by the Secretary of State or the Scottish Ministers under section 2 of the Employment and Training Act 1973 or by Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990;\n(d) in Northern Ireland, arrangements made by the Department for Employment and Learning under section 1 of the Employment and Training Act (Northern Ireland) 1950.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 16(4)(b) substituted (1.4.2026) by The Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments) Order 2026 (S.I. 2026/358), arts. 1(3), 6"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 16 in force at 1.12.2024, see reg. 1(1)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "2009 c. 22."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "2009 c. 22; section A1(3) was inserted by the Deregulation Act 2015 (c. 20), section 3 and Schedule 1, Part 1, paragraph 1. It was subsequently amended by the Enterprise Act 2016 (c. 12), section 22 and Schedule 4, paragraph 4 and the Technical and Further Education Act 2017 (c. 19), section 1(5) and Schedule 1, paragraph 9."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1973 c. 50; section 2 was substituted by the Employment Act 1988 (c. 19), section 25; subsections (3A) and (3B) were inserted by the Trade Union Reform and Employment Rights Act 1993 (c. 19), section 47; subsections (4) and (6) were repealed by the Employment Act 1989 (c. 38), section 29(4) and Schedule 7, Part 1."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "1995 c. 18; section 17B was inserted by the Welfare Reform Act 2009 (c. 24), section 1."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "1990 c. 35 (S.); subsection (3)(d) of section 2 was inserted and subsection (4) was amended, by the Trade Union Reform and Employment Rights Act 1993 (c. 19), section 47; subsection (4)(a) was amended by the Equality Act 2010 (c. 15), Schedule 26, Part 1, paragraph 20; subsection (6) was amended by S.I. 1999/1820."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "1950 c. 29 (N.I.); the powers of the Department under section 1 were extended by S.I. 1974/2144 (N.I. 7), Article 7; subsections (1) to (1C) were substituted for subsections (1) to (1A) by S.I. 1988/1087 (N.I. 10); subsections (2) and (3) were amended by S.I. 1990/1200 (N.I. 8), Article 5; section 1(1A)(d) was amended by the Employment Act (Northern Ireland) 2010 c. 12 (N.I.), Schedule 1, paragraph 1."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2024/1015/regulation/16",
    "retrieved_at": "2026-10-28T21:25:54.729234+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."
}