Explanatory note

These Regulations amend section 3 of the National Minimum Wage Act 1998.

Section 3 of the Act sets out, among other things, the classes of persons in relation to whom regulations may be made which exclude them from being persons who qualify for the minimum wage or prescribing an hourly rate other than the main rate of minimum wage. One of the classes is persons who have attained the age of 26 who are attending a course of higher education requiring attendance for a period of work experience. Regulation 2 amends section 3 of the Act so that the class comprises persons who have attained the age of 26 who are undertaking a course of higher education requiring attendance for a period of work experience. Regulation 2 also inserts into section 3(1A) of the Act a new class of persons in relation to whom regulations may be made excluding them from being persons who qualify for the minimum wage or prescribing an hourly rate for such persons other than the main rate of minimum wage, namely persons who have attained the age of 26 who are undertaking a course of further education requiring attendance for a period of work experience.