Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the National Minimum Wage Regulations 1999 (Amendment) (No. 2) Regulations 2004 and shall come into force on 1st October 2004.

(2) In these Regulations, the “principal regulations” means the National Minimum Wage Regulations 1999( 2 ) and “pay reference period” has the meaning assigned to that expression by regulation 10 of the principal regulations.

Amendments to the Principal Regulations

2. In regulation 11( 3 ) of the principal regulations (the rate of the national minimum wage), for “£4.50” substitute “£4.85”.

3. In regulation 12 of the principal regulations (workers who do not qualify for the national minimum wage)—

(a) omit paragraph (1); and

(b) in paragraph (3)(b)( 4 )—

(i) for sub-paragraph (i), substitute—

“ (i) in England, under the Government arrangements known, at 1st October 2004, as Apprenticeships or Advanced Apprenticeships; ” ;

(ii) in sub-paragraph (ii), for “2000” substitute “2004”;

(iii) in sub-paragraph (iii), for “2000” substitute “2004”; and

(iv) after sub-paragraph (iii), insert—

“ (iv) in Wales, under the Government arrangements known, at 1st October 2004, as Modern Apprenticeships or Foundation Modern Apprenticeships. ”

(c) after paragraph (4) insert—

“ (4A) A worker who is participating in a scheme provided to him—

(a) in England, under the Government arrangements known, at 1st October 2004, as Entry to Employment,

(b) in Scotland, under the Government arrangements known, at 1st October 2004, as Get Ready for Work,

(c) in Northern Ireland, under the Government arrangements known, at 1st October 2004, as Access,

(d) in Wales, under the Government arrangements known, at 1st October 2004, as Skillbuild,

does not qualify for the national minimum wage in respect of work done for his employer as part of the scheme. ”

(d) in paragraph (5), at the end of sub-paragraph (a), insert “or (4A),”.

4. In regulation 13 of the principal regulations (workers who qualify for the national minimum wage at a different rate)—

(a) in paragraph (1)( 5 ), for “£3.80” substitute “£4.10”;

(b) after paragraph (1) insert—

“ (1A) The hourly rate of the national minimum wage is £3.00 for a worker who has not attained the age of 18. ” ; and

(c) in paragraph (2)( 6 ), for “£3.80” substitute “£4.10”.

5. In regulation 36(1) of the principal regulations (amount permitted to be taken into account where living accommodation is provided), for “£3.50” substitute “£3.75”.( 7 )

6. In regulation 38 (records to be kept by an employer)—

(a) in paragraph (3) omit “, 25(1) (output work)”( 8 );

(b) after paragraph (3), insert—

“ (3A) The employer of a worker who qualifies for the national minimum wage who has given the worker a notice in accordance with regulation 24(2)(b), shall keep a copy of that notice and a copy of such data as is necessary to show how he has determined the rates referred to in paragraphs (iii) and (iv) of regulation 25(2)(b). ”

(c) in paragraph (4), for “paragraphs (1) and (3),” substitute “paragraphs (1), (3), and (3A),”.

Transitional Provision

7. —(1) The amendments made to the principal regulations by regulations 3(a), 4(b) and 6 do not apply in relation to any pay reference period beginning before 1st October 2004.

(2) The disqualification of a person from entitlement to the national minimum wage effected by paragraph (4A) of regulation 12 of the principal regulations (inserted into regulation 12 by regulation 3(c) of these Regulations) does not apply in relation to any person who began his participation in the scheme provided to him under the Government arrangements referred to in that paragraph before these Regulations came into force.

(3) Notwithstanding the omission of the words in regulation 38(3) of the principal regulations contained in regulation 6(a), the duty of the employer to keep records imposed by virtue of the omitted words shall continue for the period of three years referred to in regulation 38(7).

Revocation Provision

8.Regulations 2 and 3 of the National Minimum Wage Regulations 1999 (Amendment) Regulations 2003( 9 ) are hereby revoked.