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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.
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):
Commencement Orders bringing legislation that affects this Act into force:
(1)A worker may, in accordance with the following provisions of this section,—
(a)require his employer to produce any relevant records; and
(b)inspect and examine those records and copy any part of them.
(2)The rights conferred by subsection (1) above are exercisable only if the worker believes on reasonable grounds that he is or may be being, or has or may have been, remunerated for any pay reference period by his employer at a rate which is less than the national minimum wage.
(3)The rights conferred by subsection (1) above are exercisable only for the purpose of establishing whether or not the worker is being, or has been, remunerated for any pay reference period by his employer at a rate which is less than the national minimum wage.
(4)The rights conferred by subsection (1) above are exercisable—
(a)by the worker alone; or
(b)by the worker accompanied by such other person as the worker may think fit.
(5)The rights conferred by subsection (1) above are exercisable only if the worker gives notice (a “production notice”) to his employer requesting the production of any relevant records relating to such period as may be described in the notice.
(6)If the worker intends to exercise the right conferred by subsection (4)(b) above, the production notice must contain a statement of that intention.
(7)Where a production notice is given, the employer shall give the worker reasonable notice of the place and time at which the relevant records will be produced.
(8)The place at which the relevant records are produced must be—
(a)the worker’s place of work; or
(b)any other place at which it is reasonable, in all the circumstances, for the worker to attend to inspect the relevant records; or
(c)such other place as may be agreed between the worker and the employer.
(9)The relevant records must be produced—
(a)before the end of the period of fourteen days following the date of receipt of the production notice; or
(b)at such later time as may be agreed during that period between the worker and the employer.
(10)In this section—
“records” means records which the worker’s employer is required to keep and, at the time of receipt of the production notice, preserve in accordance with section 9 above;
“relevant records” means such parts of, or such extracts from, any records as are relevant to establishing whether or not the worker has, for any pay reference period to which the records relate, been remunerated by the employer at a rate which is at least equal to the national minimum wage.
Modifications etc. (not altering text)
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
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