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Under the Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations, which persons are exempted from the requirement to sign a Crew Agreement?

(1) A person employed in a ship solely in connection with the construction, alteration, repair or testing of the ship, its machinery or equipment, and not engaged in the navigation of the ship;Β 

(2) a person solely employed in work directly related to: (i) the exploration of the seabed or sub-soil or the exploitation of their natural resources; (ii) the storage of gas in or under the seabed or the recovery of gas so stored; (iii) the laying, inspection, testing, repair, alteration, renewal or removal of any submarine telegraph cable; or (iv) pipeline works; or (v) the provision of goods, personal services or entertainment on board, and who is not employed by the owner or the person employing the master of the ship and is not engaged in the navigation of the ship in the deck, engine room, radio, medical or catering department of that ship and who has been given a written statement of his employment conditions by his employer; and (3) a member of the naval, military or air forces of the Crown or of any service administered by the Defence Council, when acting as such a member.

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If the master is not a “seaman” for the purposes of UK legislation on Crew Agreements, why is he not included in the categories of persons exempted from the requirement to sign a Crew Agreement?

If the crew of a small ferry do not sign a Crew Agreement, where is their contract with the employer?