The National Minimum Wage Regulations 1999 (Amendment) Regulations 2010

Amendments to the Principal Regulations

5.  For regulation 13 of the Principal Regulations (workers who qualify for the national minimum wage at a different rate) substitute—

Workers who qualify for the national minimum wage at a different rate

13.— (1) Subject to paragraph (3), the hourly rate of the national minimum wage is £4.92 for a worker who has attained the age of 18 but not the age of 21.

(2) Subject to paragraph (3), the hourly rate of the national minimum wage is £3.64 for a worker who has not attained the age of 18.

(3) The hourly rate of the national minimum wage is £2.50 for a worker who—

(a) is employed under a contract of apprenticeship or, in accordance with paragraph (6), is to be treated as employed under a contract of apprenticeship, and

(b) is within the first 12 months after the commencement of that employment or has not attained the age of 19.

(4) Paragraphs (1) to (3) do not apply in relation to a worker who, by virtue of regulation 12, does not qualify for the national minimum wage.

(5) For the purposes of paragraph (3)(b) a person does not commence employment with an employer where that person has previously been employed by another employer and continuity of employment is preserved between the two employments by or under any enactment.

(6) A person is to be treated for the purposes of paragraph (3)(a) as a worker who is employed under a contract of apprenticeship, if, and only if, that person is—

(a) a worker within the meaning given by section 54(3) of the Act; and

(b) engaged—

(i) in England, under the Government arrangements known, at 1st October 2010, as Apprenticeships or Advanced Apprenticeships;

(ii) in Scotland, under the Government arrangements known, at 1st October 2010, as Modern Apprenticeships;

(iii) in Northern Ireland, under the Government arrangements known, at 1st October 2010, as ApprenticeshipsNI or Modern Apprenticeships; or

(iv) in Wales, under the Government arrangements known, at 1st October 2010, as Foundation Modern Apprenticeships, Modern Apprenticeships, Foundation Apprenticeships or Apprenticeships.”