The National Minimum Wage Regulations 1999 (Amendment) Regulations 2008

Amendments to the Principal Regulations

4.—(1) The following amendments are made to regulation 12(1)of the Principal Regulations (workers who do not qualify for the national minimum wage).

(2) For paragraph (6) substitute the following—

“(6) Paragraph (5) does not apply to a person who—

(a) is a worker within the meaning given by section 54(3) of the Act,

(b) is participating in a scheme falling within sub-paragraph (a) of paragraph (5),

(c) is employed by the employer for whom he works under the scheme, and

(d) is—

(i) remunerated by the employer in respect of that employment, or

(ii) entitled to remuneration from the employer under his contract with the employer, or

(iii) participating in a trial period of work with a prospective employer under Government arrangements for a period in excess of six weeks.

(6A) For the purposes of paragraph (6)(d)(i) and (6)(d)(ii), remuneration does not include a payment by an employer to a person in respect of expenses—

(a) actually incurred in the performance of that person’s duties, or

(b) reasonably estimated as likely to be or to have been so incurred.

(6B) For the purposes of paragraph (6A), expenses which—

(a) are incurred in order to enable the person to perform his duties, and

(b) are reasonably so incurred,

are to be regarded as actually incurred in the performance of his duties.”.

(3) In paragraph (7), for “three” substitute “six”.

(1)

Regulation 12 was amended by S.I. 2000/1989, S.I. 2001/1108, S.I. 2004/1930, S.I. 2005/2019, S.I. 2006/1031 and S.I. 2007/2318.