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The National Minimum Wage (Amendment) (No.2) Regulations 2011

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

Draft 2011, ISBN 9780111512715

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 ***

Coming into force 1st October 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.23), sections 9(3) and 20 and the Schedule, Part 2.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendments to the Principal Regulations
  3. 3Amendments to the Principal Regulations
  4. 4Amendments to the Principal Regulations
  5. Signature
  6. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the National Minimum Wage (Amendment) (No.2) Regulations 2011.

(2)

In these Regulations “the Principal Regulations” means the National Minimum Wage Regulations 1999f1.

2Amendments to the Principal Regulations

In regulation 2(1) of the Principal Regulations (general interpretative provisions)—

(a)

after the definition of “allowance” add—

  • ““compulsory school age” has the meaning given to it by section 8 of the Education Act 1996f1;”;

(b)

after the definition of “employer” add—

  • ““further education course” means—

    1. (a)

      in England, a course of education that is suitable to the requirements of persons who are over compulsory school age and that—

      1. (i)

        is funded by the Young People’s Learning Agency for England,

      2. (ii)

        is funded by the Chief Executive of Skills Funding,

      3. (iii)

        is funded by a local authority,

      4. (iv)

        leads to a qualification to which Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009f2 applies which is awarded or authenticated by a body which is recognised by the Office of Qualifications and Examinations Regulation under section 132 of that Act in respect of the qualification, or

      5. (v)

        leads to a qualification that is approved pursuant to section 98 of the Learning and Skills Act 2000f3,

      except that it does not include a higher education course;

    2. (b)

      in Wales, a course of education that is suitable to the requirements of persons who are over compulsory school age and that—

      1. (i)

        is funded by the Welsh Ministers,

      2. (ii)

        is funded by a local authority,

      3. (iii)

        leads to a qualification that is accredited by the Welsh Ministers pursuant to section 30 of the Education Act 1997f4, or

      4. (iv)

        leads to a qualification that is approved pursuant to section 99 of the Learning and Skills Act 2000f5,

      except that it does not include a higher education course;

    3. (c)

      in Scotland, a course of “fundable further education” as defined in section 5(1) and (2) of the Further and Higher Education (Scotland) Act 2005f6;

    4. (d)

      in Northern Ireland, a course of education or training as defined in article 3(1) and (2) of the Further Education (Northern Ireland) Order 1997f7;

  • “Further Education Institution” refers to an institution within the further education sector as defined by section 91(3) of the Further and Higher Education Act 1992f8;

  • “higher education course” means—

    1. (a)

      in England and Wales, a course of a description referred to in Schedule 6 to the Education Reform Act 1988f9;

    2. (b)

      in Scotland, a course of “fundable higher education” as defined in section 5(3), (4) and (5) of the Further and Higher Education (Scotland) Act 2005;

    3. (c)

      in Northern Ireland, a course of a description referred to in Schedule 1 to the Further Education (Northern Ireland) Order 1997;

  • “Higher Education Institution” refers to an institution within the higher education sector as defined by section 91(5) of the Further and Higher Education Act 1992;”.

3Amendments to the Principal Regulations

In regulation 12 of the Principal Regulations omit paragraphs (9), (9B) and (9C).

4Amendments to the Principal Regulations

In regulation 31 of the Principal Regulations (reductions from payments to be taken into account), after paragraph (5) add—

“(6)

Any payment made to or deduction by a Higher Education Institution or Further Education Institution in respect of the provision of living accommodation shall be exempted from the operation of sub-paragraph (i) of paragraph (1) where the living accommodation is provided to a worker who is enrolled on a full-time higher education course or a full-time further education course at that Higher Education Institution or Further Education Institution.”.

Signature

Name

Minister for Employment Relations, Consumer and Postal Affairs

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 (the “Principal Regulations”) and come into force on 1st October 2011.

Regulation 2 amends regulation 2(1) of the Principal Regulations to add the definitions of “compulsory school age”, “further education course”, “Further Education Institution”, “higher education course” and “Higher Education Institution”. Regulation 3 amends regulation 12 of the Principal Regulations to omit paragraphs (9), (9B) and (9C), where the definitions of “compulsory school age”, “further education course” and “higher education course” appeared previously.

Regulation 4 provides that the living accommodation provisions found in regulations 31, 36 and 37 of the Principal Regulations do not apply to charges or deductions made by Higher Education Institutions and Further Education Institutions in respect of the provision of living accommodation, where the living accommodation is provided to a worker who is enrolled on a full-time higher education course or a full-time further education course with that Higher Education Institution or Further Education Institution (regulation 31(6) of the Principal Regulations).

A full regulatory 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 www.legislation.gov.uk.