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
20th October 1998
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 1998 , hereby makes the following Order:–

Citation and interpretation
1
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.

Commencement
2
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 provisions
3
1
The amendments to the Employment Rights Act 1996 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 1996 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
20th October 1998
SCHEDULE 1

PROVISIONS 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 2

PROVISIONS 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.
1998 c. 39.
1996 c. 18.
S.I.
1996/1919 (N.I. 16)
.