1998 No. 2574 (C.61)
TERMS AND CONDITIONS OF EMPLOYMENT

The National Minimum Wage Act 1998 (Commencement No. 1 and Transitional Provisions) Order 1998

Made
The Secretary of State, in exercise of the powers conferred on him by sections 51(1)(b) and 56(2) of the National Minimum Wage Act 19981, hereby makes the following Order:–

Citation and interpretation1.

(1)

This Order may be cited as the National Minimum Wage Act 1998 (Commencement No. 1 and Transitional Provisions) Order 1998.

(2)

In this Order–

the Act” means the National Minimum Wage Act 1998.

Commencement2.

(1)

The provisions of the Act specified in Schedule 1 shall come into force on 1st November 1998.

(2)

The provisions of the Act specified in Schedule 2 shall come into force on 1st April 1999.

Transitional provisions3.

(1)

The amendments to the Employment Rights Act 19962 made by section 25 of the Act (right of employee not to be unfairly dismissed: Great Britain) shall have effect in respect of an employee’s dismissal where the effective date of termination (within the meaning of section 97 of that Act) falls on or after 1st November 1998.

(2)

The amendments to the Employment Rights (Northern Ireland) Order 19963 made by section 26 of the Act (right of employee not to be unfairly dismissed: Northern Ireland) shall have effect in respect of an employee’s dismissal where the effective date of termination (within the meaning of Article 129 of that Order) falls on or after 1st November 1998.

Signed by order of the Secretary of State

Ian McCartney
Minister of State,
Department of Trade and Industry

SCHEDULE 1PROVISIONS COMING INTO FORCE ON 1ST NOVEMBER 1998

Article 2(1)

Provision

Subject Matter of Provision

Section 5

The first regulations: referral to the Low Pay Commission

Section 6

Referral of matters to the Low Pay Commission at any time

Section 7

Referrals to, and reports of, the Low Pay Commission: supplementary

Section 8

The Low Pay Commission

Section 13

Appointment of officers

Section 23

The right not to suffer detriment

Section 24

Enforcement of the right not to suffer detriment

Section 25

Right of employee not to be unfairly dismissed: Great Britain

Section 26, in so far as it is not already in force, except for subsection (5)

Right of employee not to be unfairly dismissed: Northern Ireland

Section 29

Appeals to the Employment Appeal Tribunal

Section 30, in so far as it relates to section 24

Conciliation

Section 34

Agency workers who are not otherwise “workers”

Section 35

Homeworkers who are not otherwise “workers”

Section 36

Crown employment

Section 37

Armed forces

Section 38

House of Lords staff

Section 39

House of Commons staff

Section 40

Mariners

Section 43

Exclusions: share fishermen

Section 44

Exclusions: voluntary workers

Section 45

Exclusions: prisoners

Section 48

Application of Act to superior employers

Section 49, in so far as it is not already in force, except for subsections (9) and (10)

Restrictions on contracting out

Section 50

Publicity

Section 52

Expenses

Section 53, in so far as it relates to the repeals in Schedule 3 specified in the table below

Repeals and revocations

Section 54

Meaning of “worker”, “employee”, etc

Section 55

Interpretation

Schedule 1

The Low Pay Commission

In Schedule 3 the repeals specified in the table below

Repeals and revocations

Table

Reference

Short Title

Extent of Repeal

1996 c. 17

The Employment Tribunals Act 1996

In section 21(1)(f), the word “or”.

1996 c. 18

The Employment Rights Act 1996

In section 108(3), the word “or”.

In section 109(2), the word “or” at the end of paragraph (g).

SCHEDULE 2PROVISIONS COMING INTO FORCE ON 1ST APRIL 1999

Article 2(2)

Provision

Subject Matter of Provision

Section 1, in so far as it is not already in force

Workers to be paid at least the national minimum wage

Section 10

Worker’s right of access to records

Section 11

Failure of employer to allow access to records

Section 12, in so far as it is not already in force

Employer to provide worker with national minimum wage statement

Section 14

Powers of officers

Section 15

Information obtained by officers

Section 16

Information obtained by agricultural wages officers

Section 17

Non-compliance: worker entitled to additional remuneration

Section 18

Enforcement in the case of special classes of worker

Section 19

Power of officer to issue enforcement notice

Section 20

Non-compliance: power of officer to sue on behalf of worker

Section 21, in so far as it is not already in force

Financial penalty for non-compliance

Section 22

Appeals against penalty notices

Section 27

Tribunal hearings etc by chairman alone

Section 28

Reversal of the burden of proof

Section 30, in so far as it is not already in force

Conciliation

Section 31

Offences

Section 32

Offences by bodies corporate etc

Section 33

Proceedings for offences

(This note is not part of the Order)

This Order brings into force provisions of the National Minimum Wage Act 1998 which did not come into force on Royal Assent–

(a)

the provisions specified in Schedule 1 to the Order are to come into force on 1st November 1998; and

(b)

the provisions specified in Schedule 2 to the Order are to come into force on 1st April 1999.

Transitional provisions are set out in Article 3.

Other provisions will be brought into force by a subsequent Order.