11(1)It is not an age contravention for a person to pay a young worker (A) at a lower rate than that at which the person pays an older worker (B) if—E+W+S
(a)the hourly rate for the national minimum wage for a person of A's age is lower than that for a person of B's age, and
(b)the rate at which A is paid is below the single hourly rate.
(2)A young worker is a person who qualifies for the national minimum wage at a lower rate than the single hourly rate; and an older worker is a person who qualifies for the national minimum wage at a higher rate than that at which the young worker qualifies for it.
(3)The single hourly rate is the rate prescribed under section 1(3) of the National Minimum Wage Act 1998.