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National Minimum Wage Act 1998

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Changes over time for: Cross Heading: Regulations relating to the national minimum wage

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Commencement Orders yet to be applied to the National Minimum Wage Act 1998

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Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

Regulations relating to the national minimum wageE+W+S+N.I.

2 Determination of hourly rate of remuneration.E+W+S+N.I.

(1)The Secretary of State may by regulations make provision for determining what is the hourly rate at which a person is to be regarded for the purposes of this Act as remunerated by his employer in respect of his work in any pay reference period.

(2)The regulations may make provision for determining the hourly rate in cases where—

(a)the remuneration, to the extent that it is at a periodic rate, is at a single rate;

(b)the remuneration is, in whole or in part, at different rates applicable at different times or in different circumstances;

(c)the remuneration is, in whole or in part, otherwise than at a periodic rate or rates;

(d)the remuneration consists, in whole or in part, of benefits in kind.

(3)The regulations may make provision with respect to—

(a)circumstances in which, times at which, or the time for which, a person is to be treated as, or as not, working, and the extent to which a person is to be so treated;

(b)the treatment of periods of paid or unpaid absence from, or lack of, work and of remuneration in respect of such periods.

(4)The provision that may be made by virtue of paragraph (a) of subsection (3) above includes provision for or in connection with—

(a)treating a person as, or as not, working for a maximum or minimum time, or for a proportion of the time, in any period;

(b)determining any matter to which that paragraph relates by reference to the terms of an agreement.

(5)The regulations may make provision with respect to—

(a)what is to be treated as, or as not, forming part of a person’s remuneration, and the extent to which it is to be so treated;

(b)the valuation of benefits in kind;

(c)the treatment of deductions from earnings;

(d)the treatment of any charges or expenses which a person is required to bear.

(6)The regulations may make provision with respect to—

(a)the attribution to a period, or the apportionment between two or more periods, of the whole or any part of any remuneration or work, whether or not the remuneration is received or the work is done within the period or periods in question;

(b)the aggregation of the whole or any part of the remuneration for different periods;

(c)the time at which remuneration is to be treated as received or accruing.

(7)Subsections (2) to (6) above are without prejudice to the generality of subsection (1) above.

(8)No provision shall be made under this section which treats the same circumstances differently in relation to—

(a)different areas;

(b)different sectors of employment;

(c)undertakings of different sizes;

(d)persons of different ages; or

(e)persons of different occupations.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 2 partly in force; s. 2(1) in force for certain purposes at Royal Assent see s. 56(2)

3 Exclusion of, and modifications for, certain classes of person.E+W+S+N.I.

(1)This section applies to persons who have not attained the age of 26.

[F1(1A)This section also applies to persons who have attained the age of 26 who are–

(a)within the first six months after the commencement of their employment with an employer by whom they have not previously been employed;

(b)participating in a scheme under which shelter is provided in return for work;

(c)participating in a scheme designed to provide training, work experience or temporary work;

(d)participating in a scheme to assist in the seeking or obtaining of work; or

(e)attending a course of higher education requiring attendance for a period of work experience.]

(2)The Secretary of State may by regulations make provision in relation to any of the persons to whom this section applies—

(a)preventing them being persons who qualify for the national minimum wage; or

(b)prescribing an hourly rate for the national minimum wage other than the single hourly rate for the time being prescribed under section 1(3) above.

(3)No provision shall be made under subsection (2) above which treats persons differently in relation to—

(a)different areas;

(b)different sectors of employment;

(c)undertakings of different sizes; or

(d)different occupations.

(4)If any description of persons who have attained the age of 26 is added by regulations under section 4 below to the descriptions of person to whom this section applies, no provision shall be made under subsection (2) above which treats persons of that description differently in relation to different ages over 26.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1S. 3(1A) inserted (6.3.1999) by S.I. 1999/583, art. 2

Commencement Information

I2S. 3 partly in force; s. 3(2) in force for certain purposes at Royal Assent see s. 56(2)

4 Power to add to the persons to whom section 3 applies.E+W+S+N.I.

(1)The Secretary of State may by regulations amend section 3 above by adding descriptions of persons who have attained the age of 26 to the descriptions of person to whom that section applies.

(2)No amendment shall be made under subsection (1) above which treats persons differently in relation to—

(a)different areas;

(b)different sectors of employment;

(c)undertakings of different sizes;

(d)different ages over 26; or

(e)different occupations.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3S. 4 partly in force; s. 4(1) in force for certain purposes at Royal Assent see s. 56(2)

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