Statutory Instruments
2011 No. 2345
Terms And Conditions Of Employment
The National Minimum Wage (Amendment) Regulations 2011
Made
22nd August 2011
Coming into force
Regulations 1 and 4
1st August 2011
Remainder
1st October 2011
A draft of these Regulations was laid before Parliament in accordance with section 51(5) of the National Minimum Wage Act 1998( 1 ) and approved by a resolution of each House of Parliament.
The Secretary of State, in exercise of the powers conferred by sections 1(3), 2, 3 and 51 of the National Minimum Wage Act 1998, makes the following Regulations.
Citation, commencement and interpretation
1. —(1) These Regulations may be cited as the National Minimum Wage (Amendment) Regulations 2011.
(2) Regulations 1 and 4 shall come into force on 1st August 2011 and all other regulations shall come into force on 1st October 2011.
(3) In these Regulations “the Principal Regulations” means the National Minimum Wage Regulations 1999 ( 2 ).
Amendments to the Principal Regulations
2. In regulation 2(1) of the Principal Regulations (general interpretative provisions) in the definition of “Government arrangements” in paragraph (a) after “section 2 of the Employment and Training Act 1973( 3 )” insert “or section 17B of the Jobseekers Act 1995( 4 )”.
3. In regulation 11 of the Principal Regulations (the rate of the national minimum wage), for “£5.93” substitute “£6.08”.
4. In regulation 12 of the Principal Regulations (workers who do not qualify for the national minimum wage) in paragraph (4A)(d) after “Skill Build,” insert “or known, at 1st August 2011, as Traineeships or Steps to Employment,”.
5. In regulation 13 of the Principal Regulations (workers who qualify for the national minimum wage at a different rate)—
(a) in paragraph (1) for “£4.92” substitute “£4.98”;
(b) in paragraph (2) for “£3.64” substitute “£3.68”; and
(c) in paragraph (3) for “£2.50” substitute “£2.60”.
6. In regulation 36(1) of the Principal Regulations (amount permitted to be taken into account where living accommodation is provided), for “£4.61” substitute “£4.73”.
Regulation 11(3) of the Agency Workers Regulations 2010
7. In regulation 11(3) of the Agency Workers Regulations 2010 ( 5 ) (calculating the minimum amount of pay) for “National Minimum Wage Regulations 1999 (Amendment) Regulations 2010” substitute “National Minimum Wage (Amendment) Regulations 2011”.
Transitional Provision
8. The amendments to the Principal Regulations made by regulations 3, 5 and 6 do not apply in relation to any pay reference period beginning before 1st October 2011.
David Willetts
Minister of State for Universities and Science
Department for Business, Innovation and Skills
22nd August 2011
1998 c.39 ; section 3(1A) was inserted by S.I. 1999/583 and amended by S.I. 2007/2042 ; sections 51(6) and 51(7) were amended by the Employment Act 2008 (c. 23) , sections 9(3), 20 and Schedule, Part 2.
S.I. 1999/584 ; relevant amending instruments are S.I. 2000/1989 , S.I. 2001/2673 , S.I. 2002/1999 , S.I. 2003/1923 , S.I. 2004/1930 , S.I. 2005/2019 , S.I. 2006/2001 , S.I. 2007/2318 , S.I. 2008/1894 , S.I. 2009/1902 and S.I. 2010/1901 .
1973 c.50 ; section 2 was substituted by the Employment Act 1988 (c.19) , section 25 (1). There are amendments to section 2 but none are relevant to these Regulations.
1995 c.18 ; section 17B was inserted by the Welfare Reform Act 2009 (c.24) , section 1 (1), (2).
S.I. 2010/93 ; amended by S.I. 2010/1901 .