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22(1)Article 2 (interpretation) shall be amended as follows.E+W+S+N.I.
(2)In paragraph (2) the following definition shall be inserted at the appropriate place—
““the national minimum wage” means the single hourly rate for the time being in force by virtue of regulations under section 1(3) of the National Minimum Wage Act 1998, but this definition is subject to paragraph (2A);”.
(3)After paragraph (2) there shall be inserted—
“(2A)If, in the case of persons of any description, regulations under subsection (2) of section 3 of the National Minimum Wage Act 1998—
(a)prevent them being persons who (within the meaning of that Act) qualify for the national minimum wage, or
(b)prescribe a rate (“the reduced rate”) for the national minimum wage other than the single hourly rate for the time being prescribed under section 1(3) of that Act,
this Order shall have effect in relation to persons of that description as if in a case falling within sub-paragraph (a) the national minimum wage were nil and in a case falling within sub-paragraph (b) the national minimum wage were the reduced rate.”
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