National Minimum Wage (Offshore Employment) Order 1999

JurisdictionUK Non-devolved
CitationSI 1999/1128
Year1999

1999 No. 1128

TERMS AND CONDITIONS OF EMPLOYMENT

The National Minimum Wage (Offshore Employment) Order 1999

Made 13th April 1999

Coming into force 1st May 1999

At the Court at Windsor Castle, the 13th day of April 1999

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has been approved by resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by sections 42 and 51(1) of the National Minimum Wage Act 19981, is pleased, by, and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) This Order may be cited as the National Minimum Wage (Offshore Employment) Order 1999 and shall come into force on 1st May 1999.

(2) In this Order “the 1998 Act” means the National Minimum Wage Act 1998.

S-2 Application of Order

Application of Order

2.—(1) The provisions of the 1998 Act shall apply to offshore employment, as if the reference in section 1(2)(b) of the 1998 Act to an individual who “is working, or ordinarily works in the United Kingdom” included a reference to an individual who is working, or ordinarily works–

(a)

(a) in the territorial waters of the United Kingdom; or

(b)

(b) in the United Kingdom sector of the continental shelf.

(2) This Order shall have no application to employment in connection with a ship which is in the course of navigation or a ship which is engaged in dredging or fishing.

(3) In paragraph (2) “dredging” does not include the excavation of the sea-bed or its subsoil in the course of pipe laying.

(4) This Order applies to individuals whether or not they are British subjects, and to bodies corporate whether or not they are incorporated under the law of the United Kingdom, and applies even when the application may affect their activities outside the United Kingdom.

S-3 Jurisdiction of employment tribunals

Jurisdiction of employment tribunals

3.—(1) In this article, the expressions “the English area”, “the Scottish area” and “the Northern Irish area” have the same meanings respectively as in the Civil Jurisdiction (Offshore Activities) Order 19872.

(2) In England and Wales, the employment tribunals shall have jurisdiction to determine complaints or appeals arising (in connection with employment to which this Order applies) from acts or omissions taking place in the English area, as they would...

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