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Part V MiscellaneousE+W+S+N.I.

67 Sick pay for agricultural workers.E+W+S

[F1(1)The minimum rates of wages for workers employed in agriculture which the Agricultural Wages Board has power to fix under section 3(1)(a) of the M1Agricultural Wages Act 1948 may include minimum rates of wages for periods when a worker so employed is absent in consequence of sickness or injury, and may include them notwithstanding that under the contract of employment no remuneration is payable in respect of any such period.

(2)In section 3(7) of the said Act, and paragraph 5 of Schedule 4 to that Act (which authorise—

(a)the fixing of a minimum rate of wages so that remuneration received is calculated by reference to periods during the currency of employment, and

(b)alternative provisions applying according to different circumstances arising during the currency of employment)

references to currency of employment shall, in accordance with subsection (1) of this section, include periods of sickness or injury.

(3)An order of the Agricultural Wages Board which fixes minimum rates of wages for periods when a worker is absent in consequence of sickness or injury—

(a)may treat a period of sickness or injury as being during the currency of employment notwithstanding that the contract of employment has terminated, but not where the contract of employment is terminated by notice given before the commencement of the sickness or the occurrence of the injury,

(b)may limit the period or periods for which a minimum rate of wages is so fixed in any way, and in particular may relate the period or periods to the duration of the period for which the worker has worked for the employer,

(c)may make the right to the minimum rate of wages depend on compliance by the worker with any conditions, including in particular conditions as to the production of a medical certificate or other evidence of incapacity for work due to sickness or injury,

(d)may provide for the times at which, and conditions subject to which, the right to receive wages at the minimum rate is to accrue, and the wages are to become payable,

(e)may provide for account to be taken, in arriving at the minimum rate of wages, of any benefits [F2payable under Parts II to V of the Social Security Contributions and Benefits Act 1992][F3or Part II of the M2Social Security Pensions Act 1975].

(4)Subsection (1) of this section shall not alter the construction of any order made under the said Act before the passing of this Act.

(5)Section 17 of the said Act shall apply for the interpretation of this section.

(6)In the application of this section to Scotland—

(a)any reference to the Agricultural Wages Board shall be construed as a reference to the Scottish Agricultural Wages Board;

(b)any reference to the M3Agricultural Wages Act 1948 shall be construed as a reference to the M4Agricultural Wages (Scotland) Act 1949; and

(c)any reference to paragraph 5 of Schedule 4 to the said Act of 1948 shall be construed as a reference to paragraph 5 of Schedule 3 to the said Act of 1949.]

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C1S. 67 restricted (1.4.1999) by 1949 c. 30, s. 3(14)(b) (as inserted (1.4.1999)) by 1998 c. 39, s. 47, Sch. 2 Pt. II para. 12(3) (with s. 36); S.I. 1999/685, art. 2, Sch. (with art. 3)

S. 67: power to amend conferred (1.4.1999) by 1998 c. 39, s. 47(2)(c)(3) (with s. 36); S.I. 1999/685, art. 2, Sch. (with art. 3)

Marginal Citations