The National Minimum Wage Regulations 1999 (Amendment) Regulations 2009
| Jurisdiction | UK Non-devolved |
2009 No. 1902
Terms And Conditions Of Employment
The National Minimum Wage Regulations 1999 (Amendment) Regulations 2009
Made 15th July 2009
Coming into force 1st October 2009
A draft of these Regulations was laid before Parliament in accordance with section 51(5) of the National Minimum Wage Act 19981and approved by a resolution of each House of Parliament.
The Secretary of State, in exercise of the powers conferred by sections 1(3), 2, 3 and 51 of the National Minimum Wage Act 1998, makes the following Regulations.
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the National Minimum Wage Regulations 1999 (Amendment) Regulations 2009 and shall come into force on 1st October 2009.
(2) In these Regulations “the Principal Regulations” means the National Minimum Wage Regulations 19992.
Amendments to the Principal Regulations
2. In regulation 113of the Principal Regulations (the rate of the national minimum wage), for “£5.73” substitute “£5.80”.
3. In regulation 124of the Principal Regulations (workers who do not qualify for the national minimum wage) after paragraph (15), insert—
“16 A worker who is participating in the European Community Erasmus Programme or Comenius Programme (both established pursuant to Decision No. 1720/2006/ECof the European Parliament and the Council of the European Union establishing an action programme in the field of lifelong learning5), does not qualify for the national minimum wage in respect of work done for his employer as part of that scheme.”.
4. In regulation 13 of the Principal Regulations (workers who qualify for the national minimum wage at a different rate)—
(a) in paragraph (1)6, for “£4.77” substitute “£4.83”; and
(b) in paragraph (1A)7, for “£3.53” substitute “£3.57”.
5. In regulation 31(1)(e) of the Principal Regulations (reductions from payments to be taken into account) omit “that is not paid through the payroll”.
6. In regulation 36(1)8of the Principal Regulations (amount permitted to be taken into account where living accommodation is provided), for “£4.46” substitute “£4.51”.
Transitional Provision
7. The amendments to the Principal Regulations made by regulations 3 and 5 do not apply in relation to any pay reference period beginning before 1st October 2009.
Revocation Provision
8. Regulations 3, 5 and 6 of the National Minimum Wage Regulations 1999 (Amendment) Regulations 20089are revoked.
Pat McFadden
Minister for Business, Innovation and Skills
Department for Business, Innovation and Skills
15th July 2009
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the National Minimum Wage Regulations 1999 (the “Principal Regulations”) and come into force on 1st October 2009.
Regulation 2 increases the principal rate of the national minimum wage from £5.73 to £5.80 per hour (regulation 11 of the Principal Regulations). The Regulations also increase the rate paid to workers aged between 18 and 21 from £4.77 to £4.83 per hour (regulation 4(a)) and the rate to be paid to workers aged below 18 who have ceased to be of compulsory school age from £3.53 to £3.57 per hour (regulation 4(b)).
Regulation 3 inserts two new classes of persons who do not...
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