The National Minimum Wage Regulations 2015

General interpretative provisions U.K.

3.  In these Regulations—

“the Act” means the National Minimum Wage Act 1998(1);

“basic hours” has the meaning given in regulation [F1 21(3)];

“compulsory school age” has the meaning given in section 8 of the Education Act 1996(2);

“days” includes a fraction of a day, other than as specified in regulation 16(2) (amount for provision of living accommodation);

“further education course” means—

(a)

in England, a course of education, other than a higher education course, that is suitable to the requirements of persons who are over compulsory school age and that—

(i)

is funded by the Secretary of State under section 14 of the Education Act 2002(3) [F2 or section 100 of the Apprenticeships, Skills, Children and Learning Act 2009],

(ii)

F3 ...

(iii)

is funded by a local authority,

(iv)

leads to a qualification to which Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009(4) applies which is awarded or authenticated by a body which is recognised by the Office of Qualifications and Examinations Regulation under section 132 of that Act in respect of the qualification, or

(v)

leads to a qualification that is approved pursuant to section 98 of the Learning and Skills Act 2000(5);

(b)

in Wales, a course of education, other than a higher education course, that is suitable to the requirements of persons who are over compulsory school age and that—

(i)

is funded by the Welsh Ministers,

(ii)

[F4 is funded by a local authority, or

(iii)

leads to a qualification awarded by a body in respect of the award of which it is recognised by Qualifications Wales under Part 3 of the Qualifications Wales Act 2015;]

(c)

in Scotland, a course of “fundable further education” as defined in section 5(1) and (2) of the Further and Higher Education (Scotland) Act 2005(6);

(d)

in Northern Ireland, a course of education or training as defined in article 3(1) and (2) of the Further Education (Northern Ireland) Order 1997(7);

“higher education course” means—

(a)

in England and Wales, a course of a description referred to in Schedule 6 to the Education Reform Act 1988(8);

(b)

in Scotland, a course of “fundable higher education” as defined in section 5(3), (4) and (5) of the Further and Higher Education (Scotland) Act 2005;

(c)

in Northern Ireland, a course of a description referred to in Schedule 1 to the Further Education (Northern Ireland) Order 1997;

“hours” includes a fraction of an hour;

“hours of work” has the meaning given in regulation 17;

“output work” has the meaning given in regulation 36;

“pay reference period” has the meaning given in regulation 6;

“performance bonus” has the meaning given in regulation [F5 21(8)];

“remuneration” has the meaning given in regulation 8;

“salaried hours work” has the meaning given in regulation 21;

[F6 “salary premium” has the meaning given in regulation 21(9);]

“time work” has the meaning given in regulation 30;

“unmeasured work” has the meaning given in regulation 44;

“work” is to be construed subject to regulations 57 and 58.

Textual Amendments

F1 Word in reg. 3 substituted (6.4.2020) by The National Minimum Wage (Amendment) (No. 2) Regulations 2020 (S.I. 2020/339), regs. 1, 3(a) (with regs. 11-16)

F2 Words in reg. 3 inserted (26.5.2015) by The Deregulation Act 2015 (Consequential Amendments) Order 2015 (S.I. 2015/971), art. 1(2)(a), Sch. 3 para. 33(2)(a)

F3 Words in reg. 3 omitted (26.5.2015) by virtue of The Deregulation Act 2015 (Consequential Amendments) Order 2015 (S.I. 2015/971), art. 1(2)(a), Sch. 3 para. 33(2)(b)

F4 Words in reg. 3(b) substituted (E.W.) (1.5.2016) by The Qualifications Wales Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/236), regs. 1, 19; which amendment is extended to S. and N.I. (1.4.2017) by The Qualifications Wales Act 2015 (Consequential Provision) Order 2017 (S.I. 2017/121), arts. 1, 3

F5 Word in reg. 3 substituted (6.4.2020) by The National Minimum Wage (Amendment) (No. 2) Regulations 2020 (S.I. 2020/339), regs. 1, 3(b) (with regs. 11-16)

F6 Words in reg. 3 inserted (6.4.2020) by The National Minimum Wage (Amendment) (No. 2) Regulations 2020 (S.I. 2020/339), regs. 1, 3(c) (with regs. 11-16)

Commencement Information

I1 Reg. 3 in force at 6.4.2015, see reg. 1

(1)

1998 c.39.

(2)

1996 c.56; section 8 had words substituted by the Education Act 1997 (c. 44), section 52.

(3)

2002 c.32; in section 14, the heading and subsection (2) were amended, and subsection (2A) inserted, by the Children Act 2004 (c.31), section 59; subsection (2ZA) was inserted, and subsection (3) was amended, by the Education Act 2005 (c.18), Schedule 14, paragraph 23; subsection (2)(ca) was inserted and subsection (2ZA) was amended by the Education Act 2011 (c.21), section 15(2); section 14 and subsection (3) were amended by S.I. 2010/1158.

(4)

2009 c.22; Part 7 was amended by the Education Act 2011 (c.21), section 22 and 23 and Schedule 8, paragraph 23 and 24.

(5)

2000 c.21; subsection (1) of section 98 was amended, subsection (2A) was repealed and subsection (2B)and (2C) were inserted, by the Apprenticeships, Skills, Children and Learning Act 2009, section 44, Schedule 16, Part 2 and Schedule 12, paragraph 28; subsections (4), (7) and (8) were omitted by the Education and Skills Act 2008 (c.25), section 159 and Schedule 16, paragraph 14.

(6)

2005 asp 6.

(7)

S.I. 1997/1772 (N.I.15).

(8)

1988 c.40.