National Minimum Wage Regulations 1999 (Amendment) Regulations 2000
| Jurisdiction | UK Non-devolved |
| Citation | SI 2000/1989 |
| Year | 2000 |
2000 No. 1989
TERMS AND CONDITIONS OF EMPLOYMENT
The National Minimum Wage Regulations 1999 (Amendment) Regulations 2000
Made 25th July 2000
Coming into force 1st October 2000
Whereas a draft of the following Regulations was laid before Parliament in accordance with section 51(5) of the National Minimum Wage Act 19981and approved by resolution of each House of Parliament:
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 1(3), 2, 3 and 51 of the National Minimum Wage Act 1998 hereby makes the following Regulations:—
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the National Minimum Wage Regulations 1999 (Amendment) Regulations 2000 and shall come into force on 1st October 2000.
(2) In these regulations, “the principal regulations” means the National Minimum Wage Regulations 19992.
Amendments to the principal regulations
2. In the definition of “worker” in paragraph (1) of regulation 2 of the principal regulations (general interpretative provisions), for “paragraph (6)” substitute “paragraphs (3) and (6)”.
3. In regulation 11 of the principal regulations (the rate of the national minimum wage), for “£3.60” substitute “£3.70”.
4.—(1) For paragraph (3) of regulation 12 of the principal regulations (workers who do not qualify for the national minimum wage) substitute—
“3 A person is to be treated for the purposes of paragraph (2)(b) as a worker who is employed under a contract of apprenticeship if, and only if, he is—
(a) a worker within the meaning given by section 54(3) of the Act; and
(b) engaged—
(i) in England or Wales, under the Government arrangements known, at 1st October 2000, as National Traineeships, Modern Apprenticeships, Foundation Modern Apprenticeships or Advanced Modern Apprenticeships;
(ii) in Scotland, under the Government arrangements known, at 1st October 2000, as Skillseekers or Modern Apprenticeships and the arrangements are for the purpose of gaining a Scottish Vocational Qualification at Level 2 or 3 or a National Vocational Qualification at Level 2 or 3; or
(iii) in Northern Ireland, under the Government arrangements known, at 1st October 2000, as Jobskills Traineeships or Modern Apprenticeships.”.
(2) In the first line of paragraph (6) of regulation 12 of the principal regulations, for “worker who” substitute “person who is a worker within the meaning given by section 54(3) of the Act and”.
(3) For paragraph (8) of regulation 12 of the principal regulations substitute—
“8 A worker who is attending a higher education course, and before the course ends is required, as part of that course, to attend a period of work experience not exceeding one year, does not qualify for the national minimum wage in respect of work done for his employer as part of that course.”.
5. In paragraph (3) of regulation 14 of the principal regulations (method of determining whether the national minimum wage has been paid), for “29” substitute “29A”.
6. For paragraphs (1) to (3) of regulation 15 of the principal regulations (provisions in relation to time work) substitute—
“1 Subject to paragraph (1A), time work includes time when a worker is available at or near a place of work for the purpose of doing time work and is required to be available for such work except where—
(a) the worker’s home is at or near the place of work; and
(b) the time is time the worker is entitled to spend at home.
1A In relation to a worker who by arrangement sleeps at or near a place of work and is provided with suitable facilities for sleeping, time during the hours he is permitted to use those facilities for the purpose of sleeping shall only be treated as being time work when the worker is awake for the purpose of working.
2 Time when a worker...
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