Statutory Instruments
2012 No. 2397
Terms And Conditions Of Employment
The National Minimum Wage (Amendment) Regulations 2012
Made
15th September 2012
Coming into force
1st October 2012
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 2012.
(2) These Regulations shall come into force on 1st October 2012.
(3) In these Regulations “the Principal Regulations” means the National Minimum Wage Regulations 1999( 2 ).
Amendments to the Principal Regulations
2. —(1) The Principal Regulations are amended as follows.
(2) In regulation 11 (the rate of the national minimum wage), for “£6.08” substitute “£6.19”.
(3) In paragraph (5A)(a) of regulation 12 (workers who do not qualify for the national minimum wage), after “Advanced Apprenticeships” insert “, or known as Intermediate Level Apprenticeships or Advanced Level Apprenticeships”.
(4) In regulation 13 (workers who qualify for the national minimum wage at a different rate)—
(a) in paragraph (3) for “£2.60” substitute “£2.65”;
(b) in paragraph (6)(b)(i) after “Advanced Apprenticeships” insert “, or known as Intermediate Level Apprenticeships or Advanced Level Apprenticeships”.
(5) In regulations 33(e) and 35(f), after the words “by regulation 31(3)” insert “or (6)”.
(6) In regulation 36(1) (amount permitted to be taken into account where living accommodation is provided), for “£4.73” substitute “£4.82”.
Regulation 11(3) of the Agency Workers Regulations 2010
3. In regulation 11(3) of the Agency Workers Regulations 2010( 3 ) delete the words “as amended by the National Minimum Wage (Amendment) Regulations 2011”.
Transitional Provision
4. The amendments to the Principal Regulations made by regulation 2(2), (4)(a) and (6) do not apply in relation to a pay reference period beginning before 1st October 2012.
Jo Swinson
Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs
Department for Business, Innovation and Skills
15th September 2012
1998 c.39 ; section 3(1A) was inserted by S.I. 1999/583 and amended by S.I. 2007/2042 ; sections 51(6) and (7) were amended by the Employment Act 2008 (c. 23) , sections 9(3) and 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 , S.I. 2010/1901 , S.I. 2011/2345 and S.I. 2011/2347 .
S.I. 2010/93 ; amended by S.I. 2010/1901 and S.I. 2011/2345 .