The National Minimum Wage Regulations 1999 (Amendment) Regulations 2010

• Citation: S.I. 2010/1901
• Sections: 10

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the National Minimum Wage Regulations 1999 (Amendment) Regulations 2010 and shall come into force on 1st October 2010.

(2) In these Regulations “the Principal Regulations ” means the National Minimum Wage Regulations 1999 .

Section 2 Amendments to the Principal Regulations

In the definition of “worker” in paragraph (1) of regulation 2 of the Principal Regulations (general interpretative provisions), for “paragraphs (3), (5) and (6) of regulation 12” substitute “paragraphs (5) and (6) of regulation 12”.

Section 3 Amendments to the Principal Regulations

In regulation 11 of the Principal Regulations (the rate of the national minimum wage), for “£5.80” substitute “£5.93”.

Section 4 Amendments to the Principal Regulations

In regulation 12 of the Principal Regulations (workers who do not qualify for the national minimum wage)—

(a) omit paragraphs (2) to (4);

(b) for paragraph (4A) substitute—

(4A) A worker who is participating in a scheme provided to that worker—

(a) in England, under the Government arrangements known, at 1st October 2010, as Programme Led Apprenticeships,

(b) in Scotland, under the Government arrangements known, at 1st October 2010, as Get Ready for Work or Skillseekers,

(c) in Northern Ireland, under the Government arrangements known, at 1st October 2010, as Programme Led Apprenticeships or Training for Success,

(d) in Wales, under the Government arrangements known, at 1st October 2010, as Skill Build,

does not qualify for the national minimum wage in respect of work done for the employer as part of the scheme.

(c) for paragraph (5) substitute—

(5) A worker who is participating in a scheme designed to provide training, work experience or temporary work, or to assist in seeking or obtaining work, which is—

(a) a scheme provided under Government arrangements that are not specified in paragraph (4A) or (5A), or

(b) a scheme, not being one provided under Government arrangements, funded in whole or in part under the European Social Fund,

does not qualify for the national minimum wage in respect of work done for the employer as part of that scheme except to the extent that paragraph (6) or (7) otherwise provides.

(d) after paragraph (5) insert—

(5A) For the purposes of paragraph (5), the Government arrangements specified are—

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

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

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

(d) in Wales, Government arrangements known, at 1st October 2010, as Foundation Modern Apprenticeships, Modern Apprenticeships, Foundation Apprenticeships or Apprenticeships.

(e) in paragraph (7), for “(c)” substitute “(b)”.

Section 5 Amendments to the Principal Regulations

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.

Section 6 Amendments to the Principal Regulations

In regulation 36(1) of the Principal Regulations (amount permitted to be taken into account where living accommodation is provided), for “£4.51” substitute “£4.61”.

Section 7 Amendments to the Principal Regulations

In regulation 38(3) of the Principal Regulations (records to be kept by an employer), for “regulations 13(2)(d) (accredited training) or” substitute “regulation”.

Section 8 Regulation 11(3) of the Agency Workers Regulations 2010

For regulation 11(3) of the Agency Workers Regulations 2010 (calculating the minimum amount of pay) substitute—

(3) The minimum amount shall be not less than the amount that the agency worker would have been entitled to for the hours worked in the relevant pay reference period if the provisions of the National Minimum Wage Regulations 1999 as amended by the National Minimum Wage Regulations 1999 (Amendment) Regulations 2010 applied.

Section 9 Transitional Provision

The amendments to the Principal Regulations made by regulations 4 and 5 do not apply in relation to any pay reference period beginning before 1st October 2010.

Section 10 Revocation Provision

Regulations 2, 4 and 6 of the National Minimum Wage Regulations 1999 (Amendment) Regulations 2009 are revoked.