art 2 Interpretation
(1) In this Order— “ agricultural worker ” (“ gweithiwr amaethyddol ”) means a person employed in agriculture in Wales, whether or not the whole of the work undertaken by virtue of that employment is undertaken in Wales; “ agriculture ” (“ amaethyddiaeth ”) includes— dairy farming; the production of any consumable produce for the purposes of a trade or business or any other undertaking (whether carried on for profit or not); the use of land as grazing, meadow or pasture land; the use of land for orchards, osier land or woodland; the use of land for market gardens or nursery grounds; “ apprenticeship framework ” (“ fframwaith prentisiaethau ”) means any of the current Apprenticeship Frameworks for the agricultural sector in Wales issued by the Welsh Government and published by Lantra on or before the date that this Order comes into force, or previous versions of the Apprenticeship Frameworks for the agricultural sector in Wales published by Lantra; “ basic hours ” (“ oriau sylfaenol ”) means a maximum of 39 hours of work per week, or other hours of work agreed (subject to that maximum), under the agricultural worker’s contract or apprenticeship, excluding overtime and guaranteed overtime, worked in accordance with either an agricultural worker’s contract or apprenticeship; “ child ” (“ plentyn ”) has the meaning given in section 80EA of the Employment Rights Act 1996 . A child is the child of an agricultural worker if the agricultural worker satisfies the conditions specified in regulation 4(2) of the Parental Bereavement Leave Regulations 2020 ; “ consumable produce ” (“ cynnyrch defnyddiadwy ”) means produce grown for consumption or for other use after severance from the land on which it is grown; “ employment ” (“ cyflogaeth ”) means individuals engaged as employees, workers, agency workers and workers employed by gangmasters; “ guaranteed overtime ” (“ goramser gwarantedig ”) means overtime which an agricultural worker is obliged to work either under their contract or their apprenticeship and in respect of which the agricultural worker’s employer guarantees payment, whether or not there is work for the agricultural worker to do; “ hours ” (“ oriau ”) includes a fraction of an hour; “ irregular hours worker ” ( “gweithiwr oriau afreolaidd” ) has the meaning given in regulation 15F of the Working Time Regulations 1998 ; “ Lantra ” means the company, or any successor organisation, whatever its title, whose registered office address is Lantra House, Stoneleigh Park, Warwickshire, CV8 2LG and whose company registration number is 02823181 in England and Wales; “ overtime ” (“ goramser ”) means— in relation to an agricultural worker who began their employment prior to 1 October 2006, time that is not guaranteed overtime worked by the agricultural worker— in excess of basic hours of work, or on a public holiday, or on a Sunday, or in any period commencing on a Sunday and continuing to the following Monday up until the time that agricultural worker would normally start their working day; in relation to all other agricultural workers who began their employment on or after 1 October 2006, time that is not guaranteed overtime worked by the agricultural worker— in addition to basic hours of work, or on a public holiday; “ part-year worker ” ( “gweithiwr rhan o’r flwyddyn” ) has the meaning given by regulation 15F of the Working Time Regulations 1998; “ qualifying days ” (“ diwrnodau cymwys ”) means (other than in article 21 where a different definition applies) days on which the agricultural worker would normally be required to be available for work including days on which the agricultural worker— was taking annual leave, was taking bereavement leave, was taking statutory maternity, paternity, shared parental or adoption leave, or was on a period of sickness absence; “ sickness absence ” (“ absenoldeb salwch ”) means the absence of an agricultural worker from work due to incapacity by reason of— any illness suffered by the agricultural worker, illness or incapacity caused by the agricultural worker’s pregnancy or suffered as a result of childbirth, an injury that occurs to the agricultural worker at the agricultural worker’s place of work, an injury that occurs to the agricultural worker when travelling to or from their place of work, time spent by the agricultural worker recovering from an operation caused by an illness, or time spent by the agricultural worker recovering from an operation in consequence of an injury suffered at their place of work or an injury suffered whilst travelling to or from their place of work, but does not include any injury suffered by the agricultural worker when not at their place of work nor any injury suffered when the agricultural worker is not travelling to or from their place of work; “ travelling ” (“ teithio ”) means a journey by a mode of transport or a journey on foot and includes— waiting at a place of departure to begin a journey by a mode of transport, waiting at a place of departure for a journey to re-commence either by the same or another mode of transport, except for any time the agricultural worker spends taking a rest break, and waiting at the end of a journey for the purpose of carrying out duties, or to receive training, except for any time the agricultural worker spends taking a rest break; “ work ” (“ gwaith ”) means— any period during which the agricultural worker is working, at their employer’s disposal and carrying out their activities or duties, any period during which the agricultural worker is receiving relevant training, any time spent travelling by an agricultural worker for the purposes of their employment but does not include time spent commuting between their home and their place of work, any period during which an agricultural worker is prevented from carrying out activities or duties in accordance with their contract or their apprenticeship due to bad weather. (2) In this article the reference to agricultural workers who began their employment prior to the 1 October 2006 includes agricultural workers— (a) whose contract terms have since been subject to any variation; or (b) who have since been employed by a new employer pursuant to the Transfer of Undertakings (Protection of Employment) Regulations 2006 . (3) References in this Order to a period of continuous employment are to be construed as a period of continuous employment computed in accordance with sections 210 to 219 of the Employment Rights Act 1996 .