12Transitional provision
(1)Notwithstanding the provisions listed in subsection (2), the provisions of the 2012 Wages Order are to have effect in relation to agricultural workers on and from 1 October 2013 until such time as the Welsh Ministers make an agricultural wages order.
(2)The provisions are—
(a)section 72(4) and paragraph 2 of Schedule 20 to the Enterprise and Regulatory Reform Act 2013;
(b)article 4 of the Enterprise and Regulatory Reform Act 2013 (Commencement No. 1, Transitional Provisions and Savings) Order 2013 (SI 2013/1455).
(3)The provisions of the 2012 Wages Order are, for the purposes of any right or liability accrued under them on or after 1 October 2013, to be treated as if they are provisions of an agricultural wages order made under section 3 of this Act.
(4)In the event that the national minimum wage exceeds any minimum rate in the provisions of the 2012 Wages Order which is an hourly rate, the minimum rate in question is deemed to be the national minimum wage.
(5)In the event that the national minimum wage is such that a minimum rate (other than an minimum rate which is an hourly rate) in the provisions of the 2012 Wages Order yields a lesser amount of remuneration for each hour worked than the hourly amount of the national minimum wage, the minimum rate in question is deemed to be a rate such as to yield an amount of remuneration for each hour worked equal to the hourly amount of the national minimum wage.
(6)In this section, the “provisions of the 2012 Wages Order” means the provisions of the Agricultural Wages (England and Wales) Order 2012 (as made by the Agricultural Wages Board for England and Wales on 20 July 2012).