Statutory Instruments
1998 No. 2574 (C.61)

TERMS AND CONDITIONS OF EMPLOYMENT
The National Minimum Wage Act 1998 (Commencement No. 1 and Transitional Provisions) Order 1998

Made
20th October 1998

The Secretary of State, in exercise of the powers conferred on him by sections 51(1)(b) and 56(2) of the National Minimum Wage Act 1998(1), hereby makes the following Order:–

Citation and interpretation

1.—(1) This Order may be cited as the National Minimum Wage Act 1998 (Commencement No. 1 and Transitional Provisions) Order 1998.

(2) In this Order–

“the Act” means the National Minimum Wage Act 1998.

Commencement

2.—(1) The provisions of the Act specified in Schedule 1 shall come into force on 1st November 1998.

(2) The provisions of the Act specified in Schedule 2 shall come into force on 1st April 1999.

Transitional provisions

3.—(1) The amendments to the Employment Rights Act 1996(2) made by section 25 of the Act (right of employee not to be unfairly dismissed: Great Britain) shall have effect in respect of an employee’s dismissal where the effective date of termination (within the meaning of section 97 of that Act) falls on or after 1st November 1998.

(2) The amendments to the Employment Rights (Northern Ireland) Order 1996(3) made by section 26 of the Act (right of employee not to be unfairly dismissed: Northern Ireland) shall have effect in respect of an employee’s dismissal where the effective date of termination (within the meaning of Article 129 of that Order) falls on or after 1st November 1998.

Signed by order of the Secretary of State

Ian McCartney
Minister of State,
Department of Trade and Industry
20th October 1998

Article 2(1)

SCHEDULE 1PROVISIONS COMING INTO FORCE ON 1ST NOVEMBER 1998

Provision
Subject Matter of Provision

Section 5
The first regulations: referral to the Low Pay Commission

Section 6
Referral of matters to the Low Pay Commission at any time

Section 7
Referrals to, and reports of, the Low Pay Commission: supplementary

Section 8
The Low Pay Commission

Section 13
Appointment of officers

Section 23
The right not to suffer detriment

Section 24
Enforcement of the right not to suffer detriment

Section 25
Right of employee not to be unfairly dismissed: Great Britain

Section 26, in so far as it is not already in force, except for subsection (5)
Right of employee not to be unfairly dismissed: Northern Ireland

Section 29
Appeals to the Employment Appeal Tribunal

Section 30, in so far as it relates to section 24
Conciliation

Section 34
Agency workers who are not otherwise “workers”

Section 35
Homeworkers who are not otherwise “workers”

Section 36
Crown employment

Section 37
Armed forces

Section 38
House of Lords staff

Section 39
House of Commons staff

Section 40
Mariners

Section 43
Exclusions: share fishermen

Section 44
Exclusions: voluntary workers

Section 45
Exclusions: prisoners

Section 48
Application of Act to superior employers

Section 49, in so far as it is not already in force, except for subsections (9) and (10)
Restrictions on contracting out

Section 50
Publicity

Section 52
Expenses

Section 53, in so far as it relates to the repeals in Schedule 3 specified in the table below
Repeals and revocations

Section 54

Meaning of “worker”, “employee”, etc

Section 55
Interpretation

Schedule 1
The Low Pay Commission

In Schedule 3 the repeals specified in the table below
Repeals and revocations

Table

Reference
Short Title
Extent of Repeal

1996 c. 17
The Employment Tribunals Act 1996
In section 21(1)(f), the word “or”.

1996 c. 18
The Employment Rights Act 1996
In section 108(3), the word “or”.

In section 109(2), the word “or” at the end of paragraph (g).

Article 2(2)

SCHEDULE 2PROVISIONS COMING INTO FORCE ON 1ST APRIL 1999

Provision
Subject Matter of Provision

Section 1, in so far as it is not already in force
Workers to be paid at least the national minimum wage

Section 10
Worker’s right of access to records

Section 11
Failure of employer to allow access to records

Section 12, in so far as it is not already in force
Employer to provide worker with national minimum wage statement

Section 14
Powers of officers

Section 15
Information obtained by officers

Section 16
Information obtained by agricultural wages officers

Section 17
Non-compliance: worker entitled to additional remuneration

Section 18
Enforcement in the case of special classes of worker

Section 19
Power of officer to issue enforcement notice

Section 20
Non-compliance: power of officer to sue on behalf of worker

Section 21, in so far as it is not already in force
Financial penalty for non-compliance

Section 22
Appeals against penalty notices

Section 27
Tribunal hearings etc by chairman alone

Section 28
Reversal of the burden of proof

Section 30, in so far as it is not already in force
Conciliation

Section 31
Offences

Section 32
Offences by bodies corporate etc

Section 33
Proceedings for offences

Explanatory Note

(This note is not part of the Order)

This Order brings into force provisions of the National Minimum Wage Act 1998 which did not come into force on Royal Assent–
(a)the provisions specified in Schedule 1 to the Order are to come into force on 1st November 1998; and
(b)the provisions specified in Schedule 2 to the Order are to come into force on 1st April 1999.
Transitional provisions are set out in Article 3.
Other provisions will be brought into force by a subsequent Order.


(1)
1998 c. 39.

(2)
1996 c. 18.

(3)
S.I. 1996/1919 (N.I. 16).