# The Seafarers’ Wages Regulations 2024, Regulation 16: Determining whether the apprenticeship rate applies

Extent: E+W+S+N.I.

(1) The apprenticeship rate applies to a seafarer—
(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
(b) who is within the first 12 months after the commencement of that employment or under 19 years of age.
(2) A seafarer is treated as employed under a contract of apprenticeship if the seafarer is engaged—
(a) in England, under Government arrangements known as Apprenticeships (Intermediate, Advanced, Higher and Degree Levels),
(b) in Scotland, under Government arrangements known as Modern Apprenticeships,
(c) in Northern Ireland, under Government arrangements known as Apprenticeships NI, or
(d) in Wales, under Government arrangements known as Foundation Apprenticeships, Apprenticeships, Higher Apprenticeships or Degree Apprenticeships.
(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.
(4) In this regulation, “Government arrangements” means—
(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;
(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;
(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;
(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.

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Source: https://www.legislation.gov.uk/uksi/2024/1015/regulation/16 (the official version)
Page: https://openlegislation.uk/seafarers-wages-regulations-2024/regulation-16
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.