Do the Acquired Rights Directive and the Transfer of Undertakings (Protection of Employment) Regulations 2006 apply to seagoing vessels?

The relevant provisions in the old Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE 1981), SI 1981/1794 read:

1. •

   reg 2(2): ‘References in these Regulations to the transfer of part of an undertaking are references to a transfer of a part which is being transferred as a business and, accordingly, do not include references to a transfer of a ship without more.’

2. •

   reg 3(5): ‘Where, in consequence (whether directly or indirectly) of the transfer of an undertaking or part of one which was situated immediately before the transfer in the United Kingdom, a ship within the meaning of the Merchant Shipping act 1894 registered in the United Kingdom ceases to be so registered, these Regulations shall not affect the right conferred by section 5 of the Merchant Shipping Act 1970 (right of seamen to be discharged when ship ceases to be registered in the UK) on a seaman employed in the ship.’

3. •

   reg