Exclusions

45 Prisoners

(1) A prisoner does not qualify for the national minimum wage in respect of any work which he does in pursuance of prison rules.

(2) In this section—

• “prisoner” means a person detained in, or on temporary release from, a prison;

• “prison” includes any other institution to which prison rules apply;

• “prison rules” means—

  (a)

  in relation to England and Wales, rules made under section 47 of the [1952 c. 52.] Prison Act 1952;

  (b)

  in relation to Scotland, rules made under section 39 of the [1989 c. 45.] Prisons (Scotland) Act 1989; and

  (c)

  in relation to Northern Ireland, rules made under section 13 of the [1953 c. 18 (N.I.).] Prison Act Northern Ireland) 1953.