- 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)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—
(b)different sectors of employment;
(c)undertakings of different sizes;
(d)persons of different ages; or
(e)persons of different occupations.
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.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: