Regulation 3 Amendments to the Principal Regulations

The following amendments are made to regulation 12^f1 of the Principal Regulations (workers who do not qualify for the national minimum wage).

In sub-paragraph (a) of paragraph (4A), after “Entry to Employment”, insert “or under the Government arrangements known at 1^st October 2007, as Programme Led Apprenticeships”.

In paragraph (8), for “attending” substitute “undertaking”.

In paragraph (9)—

After paragraph (9) insert—

“(9A)

A worker who is undertaking a further education course and before the course ends is required, as part of that course, to attend a period of work experience not exceeding one year, does not qualify for the national minimum wage in respect of work done for his employer as part of that course.

(9B)

For the purposes of paragraph (9A) “a further education course” means—

(a)

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

(i)

is funded by the Learning and Skills Council for England,

(ii)

is funded by a local authority,

(iii)

leads to a qualification that is accredited by the Qualifications and Curriculum Authority pursuant to section 24 of the Education Act 1997^f3, or

(iv)

leads to a qualification that is approved pursuant to section 98 of the Learning and Skills Act 2000^f4,

except that it does not include a higher education course;

(b)

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

(i)

is funded by the Welsh Ministers,

(ii)

is funded by a local authority,

(iii)

leads to a qualification that is accredited by the Welsh Ministers pursuant to section 30 of the Education Act 1997^f5, or

(iv)

leads to a qualification that is approved pursuant to section 99 of the Learning and Skills Act 2000^f6,

except that it does not include a higher education course;

(c)

in Scotland, a course of “fundable further education” as defined in section 5(1) and 5(2) of the Further and Higher Education (Scotland) Act 2005^f7;

(d)

in Northern Ireland, a full-time or part-time course of education or training as defined in article 3(1) and 3(2) of the Further Education (Northern Ireland) Order 1997^f8;

(9C)

In paragraph (9B)(a) and (9B)(b) “compulsory school age” has the same meaning given by section 8 of the Education Act 1996^f9.”.

After paragraph (13), insert—

“(14)

A worker who is participating in the European Community Leonardo da Vinci programme (established pursuant to Decision No. 1720/2006/EC of the European Parliament and the Council of the European Union establishing an action programme in the field of lifelong learning^f10), does not qualify for the national minimum wage in respect of work done for his employer as part of that scheme.

(15)

A worker who is participating in the European Community Youth in Action Programme (established pursuant to Decision No. 1719/2006/EC of the European Parliament and the Council of the European Union^f11, does not qualify for the national minimum wage in respect of work done for his employer as part of that programme.”.