Introductory Text

Entitlement to the national minimum wage
1. Workers to be paid at least the national minimum wage.

Regulations relating to the national minimum wage

2. Determination of hourly rate of remuneration.
3. Exclusion of, and modifications for, certain classes of person.
4. Power to add to the persons to whom section 3 applies.

The Low Pay Commission

5. The first regulations: referral to the Low Pay Commission.
6. Referral of matters to the Low Pay Commission at any time.
7. Referrals to, and reports of, the Low Pay Commission: supplementary.
8. The Low Pay Commission.

Records

9. Duty of employers to keep records.
10. Worker’s right of access to records.
11. Failure of employer to allow access to records.
12. Employer to provide worker with national minimum wage statement.

Officers

13. Appointment of officers.
14. Powers of officers.

Information

15. Information obtained by officers.
16. Information obtained by agricultural wages officers.

Enforcement

17. Non-compliance: worker entitled to additional remuneration.
18. Enforcement in the case of special classes of worker.
19. Power of officer to issue enforcement notice.
20. Non-compliance: power of officer to sue on behalf of worker.
21. Financial penalty for non-compliance.
22. Appeals against penalty notices.

Rights not to suffer unfair dismissal or other detriment

23. The right not to suffer detriment.
24. Enforcement of the right.
25. Right of employee not to be unfairly dismissed: Great Britain.
26. Right of employee not to be unfairly dismissed: Northern Ireland.

Civil procedure, evidence and appeals

27. Tribunal hearings etc by chairman alone.
28. Reversal of burden of proof.
29. Appeals to the Employment Appeal Tribunal.

Conciliation
30. Conciliation.

Offences

31. Offences.
32. Offences by bodies corporate etc.
33. Proceedings for offences.

Special classes of person

34. Agency workers who are not otherwise “workers”.
35. Home workers who are not otherwise “workers”.
36. Crown employment.
37.Armed forces.
38. House of Lords staff.
39. House of Commons staff.
40. Mariners.

Extensions

41. Power to apply Act to individuals who are not otherwise “workers”.
42. Power to apply Act to offshore employment.

Exclusions

43. Share fishermen.
44. Voluntary workers.
44A. Religious and other communities: resident workers.
45. Prisoners.

Agricultural workers

46. Relationship of this Act and agricultural wages legislation.
47. Amendments relating to remuneration etc of agricultural workers.

Miscellaneous

48. Application of Act to superior employers.
49. Restrictions on contracting out.
50. Publicity.

Supplementary

51. Regulations and orders.
52. Expenses.
53. Repeals and revocations.
54. Meaning of “worker”, “employee” etc.
55. Interpretation.
56. Short title, commencement and extent.

SCHEDULES

SCHEDULE 1
The Low Pay Commission

Membership
1.(1) The Low Pay Commission appointed under section 8(9) of...

Financial provisions
2.(1) The Secretary of State may pay the members of...

Staff, facilities and money
3.The Secretary of State shall provide the Commission with—

Proceedings
4.(1) The quorum of the Commission and the arrangements relating...

Disqualification for House of Commons and Northern Ireland Assembly
5.(1) The entry set out in sub-paragraph (2) below shall...

SCHEDULE 2
Amendments relating to remuneration etc of agricultural workers

Part I The Agricultural Wages Act 1948

1.The Agricultural Wages Act 1948 shall be amended in accordance...

Section 3
2.(1) Section 3 (power of Agricultural Wages Board to fix...

Enforcement
3.After section 3 there shall be inserted— Enforcement. (1) The enforcement provisions of the National Minimum Wage Act...

Section 4
4.(1) In section 4 (enforcement of wages and holidays orders)...

Section 5
5.(1) Section 5 (permits to incapacitated persons) shall be amended...

Section 11
6.Section 11(1)(a) (invalidity of certain agreements) shall cease to have...

Section 12
7.(1) Section 12 (officers) shall be amended as follows.

Information obtained by national minimum wage officers
8.After section 15 there shall be inserted— Information obtained by...

Section 17
9.(1) Section 17 (interpretation) shall be amended as follows.

Relationship between the national minimum wage and agricultural wages legislation
10.After section 17 there shall be inserted— Relationship between this...

Part II The Agricultural Wages (Scotland) Act 1949

11.The Agricultural Wages (Scotland) Act 1949 shall be amended in...

Section 3
12.(1) Section 3 (power of Scottish Agricultural Wages Board to...

Enforcement
13.After section 3 there shall be inserted— Enforcement. (1) The enforcement provisions of the National Minimum Wage Act...

Section 4
14.In section 4 (enforcement of wages and holiday orders) the...

Section 5
15.(1) Section 5 (permits to infirm and incapacitated persons) shall...

Section 11
16.Section 11(1)(a) (invalidity of certain agreements) shall cease to have...

Section 12
17.(1) Section 12 (officers) shall be amended as follows.

Information obtained by national minimum wage officers
18.After section 15 there shall be inserted— Information obtained by...

Section 17
19.(1) Section 17 (interpretation) shall be amended as follows.

Relationship between national minimum wage and agricultural wages legislation
20.After section 17 there shall be inserted— Relationship between this...

Part III The Agricultural Wages (Regulation) (Northern Ireland) Order 1977

21.The Agricultural Wages (Regulation) (Northern Ireland) Order 1977 shall be...

Article 2
22.(1) Article 2 (interpretation) shall be amended as follows.

Relationship between the national minimum wage and agricultural wages legislation
23.After Article 2 there shall be inserted— Relationship between this...

Article 4
24.(1) Article 4 (power of Agricultural Wages Board for Northern...

Article 6
25.(1) Article 6 (permits exempting, in certain cases, payment of...

Enforcement
26.After Article 8 there shall be inserted— Enforcement. (1) The enforcement provisions of the National Minimum Wage Act...

Information obtained by national minimum wage officers
27.After Article 11 there shall be inserted— Information obtained by...

SCHEDULE 3
Repeals and revocations