Statutory Instruments
1999 No. 1128
TERMS AND CONDITIONS OF EMPLOYMENT
The National Minimum Wage (Offshore Employment) Order 1999
Made
13th April 1999
Coming into force
1st May 1999
At the Court at Windsor Castle, the 13th day of April 1999
Present,
The Queen’s Most Excellent Majesty in Council
Whereas a draft of this Order has been approved by resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred on Her by sections 42 and 51(1) of the National Minimum Wage Act 1998(1), is pleased, by, and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
Citation, commencement and interpretationI1
1.—(1) This Order may be cited as the National Minimum Wage (Offshore Employment) Order 1999 and shall come into force on 1st May 1999.
(2) In this Order “the 1998 Act” means the National Minimum Wage Act 1998 .
Application of OrderI2
2. —(1) The provisions of the 1998 Act shall apply to offshore employment, as if the reference in section 1(2)(b) of the 1998 Act to an individual who “is working, or ordinarily works in the United Kingdom” included a reference to an individual who is working, or ordinarily works–
(a)in the territorial waters of the United Kingdom; or
(b)in the United Kingdom sector of the continental shelf.
[F1 (2) Paragraph (1) does not apply the provisions of the 1998 Act to or in relation to any individual employed for the purposes of activities on a ship exercising the right of innocent passage or the right of transit passage.
(3) In paragraph (2), “ right of innocent passage ” and “ right of transit passage ” are to be construed in accordance with the United Nations Convention on the Law of the Sea 1982. F1]
(3) In paragraph (2) “ dredging ” does not include the excavation of the sea-bed or its subsoil in the course of pipe laying.
(4) This Order applies to individuals whether or not they are British subjects, and to bodies corporate whether or not they are incorporated under the law of the United Kingdom, and applies even when the application may affect their activities outside the United Kingdom.
[F2 (5) Nothing in this article affects the operation of section 40 of the 1998 Act (application of the Act to individuals employed to work on ships registered in the United Kingdom).F2]
Jurisdiction of employment tribunalsI3
3. —(1) In this article, the expressions “the English area”, “the Scottish area” and “the Northern Irish area” have the same meanings respectively as in the Civil Jurisdiction (Offshore Activities) Order 1987 ( 2 ).
(2) In England and Wales, the employment tribunals shall have jurisdiction to determine complaints or appeals arising (in connection with employment to which this Order applies) from acts or omissions taking place in the English area, as they would have if those acts or omissions had taken place in England and Wales.
(3) In Scotland, the employment tribunals shall have jurisdiction to determine complaints or appeals arising (in connection with employment to which this Order applies) from acts or omissions taking place in the Scottish area, as they would have if those acts or omissions had taken place in Scotland.
(4) In Northern Ireland, the industrial tribunals shall have jurisdiction to determine complaints or appeals arising (in connection with employment to which this Order applies) from acts or omissions taking place in the Northern Irish area, as they would have if those acts or omissions had taken place in Northern Ireland.
OffencesI4
4. Proceedings for any offence connected with employment to which this Order applies shall not be brought in England and Wales or Northern Ireland except by, or with the consent of, the Secretary of State.
Transitional provisionsI5
5.—(1) Nothing in this Order applies to work done before 1st May 1999.
(2) The National Minimum Wage Regulations 1999(3) shall apply to employment to which this Order relates as if those Regulations had come into force on the day this Order comes into force.
A.K. Galloway
Clerk of the Privy Council