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The National Minimum Wage (Amendment) Regulations 2016

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

Draft 2016, ISBN 9780111141625

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 April 2016

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 section 1(3), 3, 19A(8)(a) and 51(1) of the National Minimum Wage Act 1998f2 makes the following Regulations.

Annotations to the whole text

Footnotes

f1

1998 c.39.

f2

Section 3(1A) was inserted by S.I. 1999/583 and amended by S.I. 2007/2042; section 19A(8) was inserted by section 9(1) of the Employment Act 2008 (c.24) and amended by section 152(5) of the Small Business, Enterprise and Employment Act 2015 (c.26); section 51 was amended by the Employment Act 2008, sections 9(3) and 20 and Part 2 of the Schedule to that Act.

Contents

  1. 1Citation and commencement
  2. 2Amendment to the National Minimum Wage Act 1998
  3. 3Amendment to the National Minimum Wage Regulations 2015
  4. 4Transitional provision
  5. Signature
  6. Explanatory note

1Citation and commencement

(1)

These Regulations may be cited as the National Minimum Wage (Amendment) Regulations 2016.

(2)

These Regulations come into force on 1st April 2016.

2Amendment to the National Minimum Wage Act 1998

In section 19A(5A)f1 of the National Minimum Wage Act 1998 (notices of underpayment: financial penalty), for “100%” substitute “200%”.

3Amendment to the National Minimum Wage Regulations 2015

For regulation 4 (national minimum wage rates) of the National Minimum Wage Regulations 2015f1 substitute—

“The national living wage

4.

The single hourly rate of the national minimum wage for the purposes of section 1(3) of the Act (“the national living wage rate”) is £7.20.

Workers who qualify for the national minimum wage at a different rate

4A.
(1)

The hourly rate of the national minimum wage is—

(a)

£6.70 for a worker who is aged 21 years or over (but is not yet aged 25 years);

(b)

£5.30 for a worker who is aged 18 years or over (but is not yet aged 21 years);

(c)

£3.87 for a worker who is aged under 18 years;

(d)

£3.30 for a worker to whom the apprenticeship rate applies, as determined in accordance with regulation 5.

(2)

If the rate in paragraph (1)(d) applies to a worker, the national living wage rate and the rates in paragraph (1)(a), (b) and (c) of this regulation do not apply to that worker.

Determining the applicable national minimum wage rate

4B.

The hourly rate of the national minimum wage at which a worker is entitled to be remunerated as respects work, in a pay reference period, is the rate which applies to the worker on the first day of that period.”.

4Transitional provision

The amendment made by regulation 2 does not apply in respect of a pay reference periodf1 which begins before 1st April 2016.

Signature

Name

Minister of State for Skills

Department for Business, Innovation and Skills

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations amend section 19A of the National Minimum Wage Act 1998 (“the NMW Act”) and regulation 4 of the National Minimum Wage Regulations 2015 (“the NMW Regulations”).

Regulation 2 amends section 19A(5A) of the NMW Act. Section 19A provides that a notice of underpayment must require an employer to pay a financial penalty to the Secretary of State. The financial penalty is calculated as a percentage of the amount by which a worker has been paid below the national minimum wage in each pay reference period specified in the relevant notice of underpayment.

Section 19A(5A) makes provision for the amount of the percentage. Regulation 2 increases the percentage figure from 100% to 200%. The transitional provision in regulation 4 provides that the increased percentage of 200% is not to apply in respect of pay reference periods which begin before 1st April 2016.

Regulation 3 of these Regulations substitutes new regulations 4 to 4B for regulation 4 of the NMW Regulations. New regulation 4 makes provision for the single hourly rate of the national minimum wage for the purposes of section 1(3) of the Act (“the National Living Wage rate”). New Regulation 4A makes provision for other hourly rates of the national minimum wage and new regulation 4B makes provision for determining the applicable national minimum wage for a pay reference period.

A full impact assessment of the effect regulation 3 of these Regulations will have on the costs of business and the voluntary sector is available from the Department for Business, Innovation and Skills and is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk. A full impact assessment has not been produced in relation to the remainder of this instrument as no impact on businesses which comply with minimum wage laws is foreseen.