Employment Relations Act 2004 (c. 24)

Part 4 E+W+S Enforcement of minimum wage legislation

44 Information supplied by worker and employer E+W+S

After section 16 of the National Minimum Wage Act 1998 (c. 39) insert—

“16A Disclosure of information by officers

(1) Subsection (2) applies to information obtained for the purposes of the relevant legislation by an enforcement officer so far as that information relates to an identifiable worker or agency worker.

(2) In order to enable or assist him to act for the purposes of the relevant legislation, the enforcement officer may disclose all or any of the information to the worker or, as the case may be, agency worker concerned.

(3) Subsection (4) applies to information obtained for the purposes of the relevant legislation by an enforcement officer so far as that information relates to an identifiable employer or person who is the agent or the principal for the purposes of section 34 below.

(4) In order to enable or assist him to act for the purposes of the relevant legislation, the officer may disclose all or any of the information to the employer, the agent or, as the case may be, the principal concerned.

(5) In this section—

• “agency worker” shall be construed in accordance with section 34 below;

• “enforcement officer” means—

  (a)

  an officer acting for the purposes of this Act, whether by virtue of paragraph (a) or (b) of section 13(1) above;

  (b)

  an officer acting for the purposes of the Agricultural Wages Act 1948; or

  (c)

  an officer acting for the purposes of the Agricultural Wages (Regulation) (Northern Ireland) Order 1977;

• “the relevant legislation” means—

  (a)

  in relation to an enforcement officer acting for the purposes of this Act, this Act;

  (b)

  in relation to an enforcement officer acting for the purposes of the Agricultural Wages Act 1948, that Act; and

  (c)

  in relation to an enforcement officer acting for the purposes of the Agricultural Wages (Regulation) (Northern Ireland) Order 1977, that Order.”

Commencement Information

I1 S. 44 in force at 6.4.2005 by S.I. 2005/872, art. 4, Sch. (with art. 14)

F1 45 Enforcement notices E+W+S

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Textual Amendments

F1 S. 45 repealed (6.4.2009) by Employment Act 2008 (c. 24), s. 22(1)(a), Sch. Pt. 2; S.I. 2009/603, art. 2 (with art. 3 Sch.)

Commencement Information

I2 S. 45 in force at 6.4.2005 by S.I. 2005/872, art. 4, Sch. (with art. 15)

F2 46 Withdrawal and replacement of, and appeals against, notices E+W+S

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Textual Amendments

F2 S. 46 repealed (6.4.2009) by Employment Act 2008 (c. 24), s. 22(1)(a), Sch. Pt. 2; S.I. 2009/603, art. 2 (with art. 3 Sch.)

Commencement Information

I3 S. 46 in force at 6.4.2005 by S.I. 2005/872, art. 4, Sch. (with art. 15)

F3 47 Enforcement officers for agricultural wages legislation E+W+S

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Textual Amendments

F3 S. 47 repealed (1.10.2013 for E.) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 20 para. 2; S.I. 2013/1455, art. 3(b), Sch. 2 (with art. 4(2)(4)) (as amended (7.9.2013) by S.I. 2013/2271, art. 2)

Commencement Information

I4 S. 47 in force at 6.4.2005 by S.I. 2005/872, art. 4, Sch.