The National Minimum Wage (Amendment) Regulations 2016

JurisdictionUK Non-devolved
CitationSI 2016/68
Year2016

2016 No. 68

Terms And Conditions Of Employment

The National Minimum Wage (Amendment) Regulations 2016

Made 22th January 2016

Coming into force 1st April 2016

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 section 1(3), 3, 19A(8)(a) and 51(1) of the National Minimum Wage Act 19982makes the following Regulations.

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the National Minimum Wage (Amendment) Regulations 2016.

(2) These Regulations come into force on 1st April 2016.

S-2 Amendment to the National Minimum Wage Act 1998

Amendment to the National Minimum Wage Act 1998

2. In section 19A(5A)3of the National Minimum Wage Act 1998 (notices of underpayment: financial penalty), for “100%” substitute “200%”.

S-3 Amendment to the National Minimum Wage Regulations 2015

Amendment to the National Minimum Wage Regulations 2015

3. For regulation 4 (national minimum wage rates) of the National Minimum Wage Regulations 20154substitute—

S-4

The national living wage

4. The single hourly rate of the national minimum wage for the purposes of section 1(3) of the Act (“the national living wage rate”) is £7.20.

S-4A

Workers who qualify for the national minimum wage at a different rate

4A.—(1) The hourly rate of the national minimum wage is—

(a)

(a) £6.70 for a worker who is aged 21 years or over (but is not yet aged 25 years);

(b)

(b) £5.30 for a worker who is aged 18 years or over (but is not yet aged 21 years);

(c)

(c) £3.87 for a worker who is aged under 18 years;

(d)

(d) £3.30 for a worker to whom the apprenticeship rate applies, as determined in accordance with regulation 5.

(2) If the rate in paragraph (1)(d) applies to a worker, the national living wage rate and the rates in paragraph (1)(a), (b) and (c) of this regulation do not apply to that worker.

S-4B

Determining the applicable national minimum wage rate

4B. The hourly rate of the national minimum wage at which a worker is entitled to be remunerated as respects work, in a pay reference period, is the rate which applies to the worker on the first day of that period.”.

S-4 Transitional provision

Transitional provision

4. The amendment made by regulation 2 does not apply in respect of a pay reference period5which begins before 1st April 2016.

Nick Boles

Minister of State for Skills

Department for Business, Innovation and Skills

22nd January 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend section 19A of the National Minimum Wage Act 1998 (“the NMW Act”) and regulation 4 of the National...

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