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3. In regulation 12 of the principal regulations (workers who do not qualify for the national minimum wage)—
(a)omit paragraph (1); and
(b)in paragraph (3)(b)(1)—
(i)for sub-paragraph (i), substitute—
“(i)in England, under the Government arrangements known, at 1st October 2004, as Apprenticeships or Advanced Apprenticeships;”;
(ii)in sub-paragraph (ii), for “2000” substitute “2004”;
(iii)in sub-paragraph (iii), for “2000” substitute “2004”; and
(iv)after sub-paragraph (iii), insert—
“(iv)in Wales, under the Government arrangements known, at 1st October 2004, as Modern Apprenticeships or Foundation Modern Apprenticeships.”
(c)after paragraph (4) insert—
“(4A) A worker who is participating in a scheme provided to him—
(a)in England, under the Government arrangements known, at 1st October 2004, as Entry to Employment,
(b)in Scotland, under the Government arrangements known, at 1st October 2004, as Get Ready for Work,
(c)in Northern Ireland, under the Government arrangements known, at 1st October 2004, as Access,
(d)in Wales, under the Government arrangements known, at 1st October 2004, as Skillbuild,
does not qualify for the national minimum wage in respect of work done for his employer as part of the scheme.”
(d)in paragraph (5), at the end of sub-paragraph (a), insert “or (4A),”.
Regulation 12(3) was substituted by S.I. 2000/1989 and increased the number of arrangements to be treated as employment under a contract of apprenticeship.
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