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National Minimum Wage Act 1998

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7 Referrals to, and reports of, the Low Pay Commission: supplementary.E+W+S+N.I.

(1)This section applies where matters are referred to the Low Pay Commission under section 5 or 6 above.

(2)The Secretary of State may by notice require the Low Pay Commission to make their report within such time as may be specified in the notice.

(3)The time allowed to the Low Pay Commission for making their report may from time to time be extended by further notice given to them by the Secretary of State.

(4)Before arriving at the recommendations to be included in their report, the Low Pay Commission shall consult—

(a)such organisations representative of employers as they think fit;

(b)such organisations representative of workers as they think fit; and

(c)if they think fit, any other body or person.

(5)In considering what recommendations to include in their report, the Low Pay Commission—

(a)shall have regard to the effect of this Act on the economy of the United Kingdom as a whole and on competitiveness; and

(b)shall take into account any additional factors which the Secretary of State specifies in referring the matters to them.

(6)The report of the Low Pay Commission must—

(a)identify the members of the Commission making the report;

(b)explain the procedures adopted in respect of consultation, the taking of evidence and the receiving of representations;

(c)set out the reasons for their recommendations; and

(d)if the Secretary of State has specified any additional factor to be taken into account under subsection (5)(b) above, state that they have taken that factor into account in making their recommendations.

(7)The Secretary of State shall—

(a)lay a copy of any report of the Low Pay Commission before each House of Parliament; and

(b)arrange for the report to be published.

(8)In this section—

  • recommendations” means the recommendations required to be contained in a report under section 5(3) or 6(2) above, as the case may be;

  • report” means the report which the Low Pay Commission are required to make under section 5(3) or 6(2) above, as the case may be, on the matters referred to them as mentioned in subsection (1) above.

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