Statutory Instruments
2005 No. 2019
TERMS AND CONDITIONS OF EMPLOYMENT
The National Minimum Wage Regulations 1999 (Amendment) Regulations 2005
Made
18th July 2005
Coming into force
1st October 2005
Whereas a draft of the following Regulations was laid before Parliament in accordance with section 51(5) of the National Minimum Wage Act 1998( 1 ) and approved by resolution of each House of Parliament:
Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by sections 1(3)( 2 ), 2, 3 and 51 of the National Minimum Wage Act 1998, hereby makes the following Regulations:
Citation, commencement and interpretation
1. —(1) These Regulations may be cited as the National Minimum Wage Regulations 1999 (Amendment) Regulations 2005 and shall come into force on 1st October 2005.
(2) In these Regulations, the “Principal Regulations” means the National Minimum Wage Regulations 1999 ( 3 ), 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( 4 ) of the Principal Regulations (the rate of the national minimum wage), for “£4.85” substitute “£5.05”.
3. After paragraph (12) of Regulation 12 of the Principal Regulations (workers who do not qualify for the national minimum wage), insert—
“ (13) A worker who is participating in the second phase of the European Community Leonardo da Vinci programme (established pursuant to Council Decision 99/382/ EC ) ( 5 ) , does not qualify for the national minimum wage in respect of work done for his employer as part of that scheme. ”
4. In regulation 13 of the Principal Regulations (workers who qualify for the national minimum wage at a different rate)—
(a) in paragraph (1)( 6 ), for “£4.10” substitute “£4.25”; and
(b) in paragraph (2)( 7 ), for “£4.10” substitute “£4.25”.
5. In regulation 36(1) of the Principal Regulations (amount permitted to be taken into account where living accommodation is provided), for “£3.75” substitute “£3.90”( 8 ).
Transitional Provision
6. The amendment to the Principal Regulations made by regulation 3 does not apply in relation to any pay reference period beginning before 1st October 2005.
Revocation Provision
7. Regulation 2, regulation 5 and paragraphs (a) and (c) of regulation 4 of The National Minimum Wage Regulations 1999 (Amendment) (No.2) Regulations 2004( 9 ) are hereby revoked.
Gerry Sutcliffe
Parliamentary Under-Secretary of State for Employment Relations and Consumers
Department of Trade and Industry
18th July 2005
See section 55 of the National Minimum Wage Act 1998 (c. 39) for the definition of “prescribe”.
S.I. 1999/584 .
Regulation 11 was amended, and the amount increased, by S.I. 2000/1989 , S.I. 2001/2763 , S.I. 2002/1999 , S.I. 2003/1923 and S.I. 2004/1930 .
OJ No. L 146, 11.6.99, p.33.
Regulation 13(1) was amended, and the amount increased, by S.I. 2000/1411 , S.I. 2001/2763 , S.I. 2002/1999 , S.I. 2003/1923 and S.I. 2004/1930 .
Regulation 13(2) was amended, and the amount increased, by S.I. 2001/2763 , S.I. 2002/1999 , S.I. 2003/1923 and S.I. 2004/1930 .
Regulation 36(1) was substituted by S.I. 2003/1923 . The amount referred to was increased by S.I. 2004/1930 .
S.I. 2004/1930 .