The National Minimum Wage (Amendment) (No.2) Regulations 2011

• Citation: S.I. 2011/2347
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the National Minimum Wage (Amendment) (No.2) Regulations 2011.

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

Section 2 Amendments to the Principal Regulations

In regulation 2(1) of the Principal Regulations (general interpretative provisions)—

(a) after the definition of “allowance” add—

“compulsory school age” has the meaning given to it by section 8 of the Education Act 1996 ;

(b) after the definition of “employer” add—

“further education course” means—

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

is funded by the Young People’s Learning Agency for England,

is funded by the Chief Executive of Skills Funding,

is funded by a local authority,

leads to a qualification to which Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009 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

leads to a qualification that is approved pursuant to section 98 of the Learning and Skills Act 2000 ,

except that it does not include a higher education course;

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

is funded by the Welsh Ministers,

is funded by a local authority,

leads to a qualification that is accredited by the Welsh Ministers pursuant to section 30 of the Education Act 1997 , or

leads to a qualification that is approved pursuant to section 99 of the Learning and Skills Act 2000 ,

except that it does not include a higher education course;

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 ;

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 ;

“Further Education Institution” refers to an institution within the further education sector as defined by section 91(3) of the Further and Higher Education Act 1992 ;

“higher education course” means—

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

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;

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

“Higher Education Institution” refers to an institution within the higher education sector as defined by section 91(5) of the Further and Higher Education Act 1992;

Section 3 Amendments to the Principal Regulations

In regulation 12 of the Principal Regulations omit paragraphs (9), (9B) and (9C).

Section 4 Amendments to the Principal Regulations

In regulation 31 of the Principal Regulations (reductions from payments to be taken into account), after paragraph (5) add—

(6) Any payment made to or deduction by a Higher Education Institution or Further Education Institution in respect of the provision of living accommodation shall be exempted from the operation of sub-paragraph (i) of paragraph (1) where the living accommodation is provided to a worker who is enrolled on a full-time higher education course or a full-time further education course at that Higher Education Institution or Further Education Institution.