- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to National Minimum Wage Act 1998. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this 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.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
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:
1(1)The Low Pay Commission appointed under section 8(9) of this Act (in this Schedule referred to as “the Commission”) shall consist of a chairman and eight other members appointed by the Secretary of State.E+W+S+N.I.
(2)In appointing members, the Secretary of State shall have regard to the desirability of securing that there is such a balance as the Secretary of State considers appropriate between—
(a)members with knowledge or experience of, or interest in, trade unions or matters relating to workers generally;
(b)members with knowledge or experience of, or interest in, employers’ associations or matters relating to employers generally; and
(c)members with other relevant knowledge or experience.
(3)Members shall hold and vacate office in accordance with their terms of appointment, subject to the following provisions.
(4)A member may resign his membership by giving notice to the Secretary of State.
(5)A person who ceases to be a member shall be eligible for re-appointment.
(6)The Secretary of State may by notice to the member concerned remove from office a member who—
(a)has become bankrupt, has made an arrangement with his creditors, has had his estate sequestrated, has granted a trust deed for his creditors or has made a composition contract with his creditors, or
(b)has been absent from two or more consecutive meetings of the Commission otherwise than for a reason approved by them, or
(c)is in the opinion of the Secretary of State unable or unfit to perform his duties as member.
2(1)The Secretary of State may pay the members of the Commission such remuneration, and such allowances in respect of travel or other expenses properly incurred by them, or in respect of loss of remuneration sustained by them, in the performance of their duties, as the Secretary of State may determine.E+W+S+N.I.
(2)The Secretary of State may determine to pay in respect of a person’s office as member of the Commission—
(a)such pension, allowance or gratuity to or in respect of that person on his retirement or death, or
(b)such contributions or other payment towards the provision of such a pension, allowance or gratuity,
as the Secretary of State may determine.
(3)Where a person ceases to be a member of the Commission otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the Secretary of State may determine to make a payment to him by way of compensation of such amount as the Secretary of State may determine.
3The Secretary of State shall provide the Commission with—E+W+S+N.I.
(b)such accommodation, equipment and other facilities, and
as the Secretary of State may reasonably determine are required by the Commission for carrying out their duties in preparing any report on matters referred to them under this Act.
4(1)The quorum of the Commission and the arrangements relating to their meetings shall be such as the Commission may determine.E+W+S+N.I.
(2)The validity of proceedings of the Commission is not affected by—
(a)any vacancy among the members, whether occurring by reason of death, resignation or otherwise;
(b)the appointment of a member at any time to fill such a vacancy; or
(c)any defect in the appointment of a member.
5(1)The entry set out in sub-paragraph (2) below shall be inserted at the appropriate place in—E+W+S+N.I.
(a)Part II of Schedule 1 to the M1House of Commons Disqualification Act 1975 (offices disqualifying for membership of the House of Commons); and
(b)Part II of Schedule 1 to the M2Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying for membership of the Northern Ireland Assembly).
(2)The entry is—
“The Low Pay Commission appointed under section 8(9) of the National Minimum Wage Act 1998.”
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.
Click 'View More' or select 'More Resources' tab for additional information including: