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The National Minimum Wage (Amendment) (No.2) Regulations 2010

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2010, ISBN 9780111503478

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 51(5) of the National Minimum Wage Act 1998, for approval by resolution of each House of Parliament.

Terms And Conditions Of Employment

Made 2010

Coming into force 1st January 2011

A draft of these Regulations was laid before Parliament in accordance with section 51(5) of the National Minimum Wage Act 1998f1 and approved by a resolution of each House of Parliament.

The Secretary of State, in exercise of the powers conferred by sections 2 and 51 of the National Minimum Wage Act 1998, makes the following Regulations.

Annotations to the whole text

Footnotes

f1

1998 c.39; sections 51(6) and 51(7) were amended by the Employment Act 2008 (c. 24), section 9(3), 20 and Schedule, Part 2.

Contents

  1. 1Citation and commencement
  2. 2Amendments to the National Minimum Wage Regulations 1999
  3. 3Transitional Provision
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the National Minimum Wage (Amendment) (No.2) Regulations 2010 and shall come into force on 1st January 2011.

2Amendments to the National Minimum Wage Regulations 1999

In paragraph (1) of regulation 31 of the National Minimum Wage Regulations 1999f1 (reductions from payments to be taken into account), after sub-paragraph (i) add—

“(j)

any money payments paid by the employer to the worker in the pay reference period in respect of travelling expenses that are allowed as deductions from earnings under section 338 of the Income Tax (Earnings and Pensions) Act 2003f2.”.

3Transitional Provision

The amendment to the National Minimum Wage Regulations 1999 made by regulation 2 does not apply in relation to any pay reference period beginning before 1st January 2011.

Signature

Name

Title

Department for Business, Innovation and Skills

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the National Minimum Wage Regulations 1999 and come into force on 1st January 2011.

Regulation 2 amends paragraph (1) of regulation 31 of the National Minimum Wage Regulations 1999 to provide that money payments paid by the employer to the worker in a pay reference period in respect of travelling expenses that are allowed as deductions from earnings under section 338 of the Income Tax (Earnings and Pensions) Act 2003 do not count towards the national minimum wage.

The Regulations contain a transitional provision. This provides that regulation 2 does not apply in relation to any pay reference period beginning before 1st January 2011.

An Impact Assessment of the effect that this instrument will have on the costs of business and the voluntary sector is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.