National Minimum Wage Act 1998

Entitlement to the national minimum wage

1Workers to be paid at least the national minimum wage

Regulations relating to the national minimum wage

2Determination of hourly rate of remuneration

3Exclusion of, and modifications for, certain classes of person

4Power to add to the persons to whom section 3 applies

The Low Pay Commission

5The first regulations: referral to the Low Pay Commission

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

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

8The Low Pay Commission

9Duty of employers to keep records

10Worker’s right of access to records

11Failure of employer to allow access to records

12Employer to provide worker with national minimum wage statement

13Appointment of officers

14Powers of officers

15Information obtained by officers

16Information obtained by agricultural wages officers

17Non-compliance: worker entitled to additional remuneration

18Enforcement in the case of special classes of worker

19Power of officer to issue enforcement notice

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

21Financial penalty for non-compliance

22Appeals against penalty notices

Rights not to suffer unfair dismissal or other detriment

23The right not to suffer detriment

24Enforcement of the right

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

26Right of employee not to be unfairly dismissed: Northern Ireland

Civil procedure, evidence and appeals

27Tribunal hearings etc by chairman alone

28Reversal of burden of proof

29Appeals to the Employment Appeal Tribunal

32Offences by bodies corporate etc

33Proceedings for offences

Special classes of person

34Agency workers who are not otherwise “workers”

35Home workers who are not otherwise “workers”

36Crown employment

38House of Lords staff

39House of Commons staff

41Power to apply Act to individuals who are not otherwise “workers”

42Power to apply Act to offshore employment

43Share fishermen

44Voluntary workers

Agricultural workers

46Relationship of this Act and agricultural wages legislation

47Amendments relating to remuneration etc of agricultural workers

48Application of Act to superior employers

49Restrictions on contracting out

51Regulations and orders

53Repeals and revocations

54Meaning of “worker”, “employee” etc

55Interpretation

56Short title, commencement and extent

SCHEDULE 1The Low Pay Commission

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

3The Secretary of State shall provide the Commission with—

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 2Amendments relating to remuneration etc of agricultural workers

Part IThe Agricultural Wages Act 1948

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

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

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

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

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

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

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

Information obtained by national minimum wage officers

8After section 15 there shall be inserted— Information obtained by...

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

Relationship between the national minimum wage and agricultural wages legislation

10After section 17 there shall be inserted— Relationship between this...

Part IIThe Agricultural Wages (Scotland) Act 1949

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

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

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

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

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

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

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

Information obtained by national minimum wage officers

18After section 15 there shall be inserted— Information obtained by...

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

Relationship between national minimum wage and agricultural wages legislation

20After section 17 there shall be inserted— Relationship between this...

Part IIIThe Agricultural Wages (Regulation) (Northern Ireland) Order 1977

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

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

Relationship between the national minimum wage and agricultural wages legislation

23After Article 2 there shall be inserted— Relationship between this...

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

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

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

Information obtained by national minimum wage officers

27After Article 11 there shall be inserted— Information obtained by...

SCHEDULE 3Repeals and revocations

National Minimum Wage Act 1998

1998 Chapter 39

An Act to make provision for and in connection with a national minimum wage; to provide for the amendment of certain enactments relating to the remuneration of persons employed in agriculture; and for connected purposes.

[31st July 1998]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—