The National Minimum Wage Act 1998 (Commencement No. 1 and Transitional Provisions) Order 1998
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)
(2)
Signed by order of the Secretary of State
SCHEDULE 1PROVISIONS COMING INTO FORCE ON 1ST NOVEMBER 1998
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 |
Reference | Short Title | Extent of Repeal |
|---|---|---|
The Employment Tribunals Act 1996 | In section 21(1)(f), the word “or”. | |
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
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 Order brings into force provisions of the National Minimum Wage Act 1998 which did not come into force on Royal Assent–
the provisions specified in Schedule 1 to the Order are to come into force on 1st November 1998; and
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.