2004 No. 384
TERMS AND CONDITIONS OF EMPLOYMENT

The Agricultural Wages (Permits to Infirm and Incapacitated Persons) (Repeals) (Scotland) Regulations 2004

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 19721 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent1.

(1)

These Regulations may be cited as the Agricultural Wages (Permits to Infirm and Incapacitated Persons) (Repeals) (Scotland) Regulations 2004 and shall come into force on 1st October 2004.

(2)

These Regulations extend to Scotland only.

Permits under section 5 of Agricultural Wages (Scotland) Act 19492.

(1)

Section 5 of the Agricultural Wages (Scotland) Act 19492 is hereby repealed.

(2)

Every permit granted or having effect as if granted under section 5 of the Agricultural Wages (Scotland) Act 1949 and which was in force immediately before 1st October 2004 shall cease to have effect from that date.

Repeals3.

The enactments specified in the first column of the Schedule to these Regulations are repealed to the extent specified in the third column of the Schedule.

ROSS FINNIE
A member of the Scottish Executive

St Andrew’s House, Edinburgh

SCHEDULERepeals

Regulation 3

(1)

(2)

(3)

Legislation repealed

References

Extent of repeal

Agriculture (Miscellaneous Provisions) Act 1972

1972 c. 62

Schedule 5, insofar as it relates to section 5 of the Agricultural Wages (Scotland) Act 1949.

Employment Protection Act 1975

1975 c. 71

Paragraph 2 of Part II of Schedule 10.

National Minimum Wage Act 1998

1998 c. 39

Paragraph 15 of Schedule 2.

(This note is not part of the Regulations)

These Regulations come into force on 1st October 2004 and implement provisions of Council Directive 2000/78/EC of 27th November 2000 establishing a general framework for equal treatment in employment and occupation (O.J. No. L 303, 2.12.2000, p.16) in so far as it relates to disability discrimination in the payment of agricultural wages.

These Regulations repeal section 5 of the Agricultural Wages (Scotland) Act 1949 (c. 30). Section 5 provides for the grant of permits exempting an agricultural employer from the requirement to pay an infirm or incapacitated worker the full statutory minimum wage set by the Agricultural Wages (Scotland) Orders. These Regulations provide that any permit granted or having effect as if granted under section 5 of the 1949 Act ceases to have effect from 1st October 2004 (regulation 2). The provisions contained in the Schedule to the Regulations are repealed (regulation 3).

No Regulatory Impact Assessment has been prepared for these Regulations as they have no impact on the costs of business.