{
  "url": "https://openlegislation.uk/national-minimum-wage-offshore-employment-order-1999/article-2",
  "json_url": "https://openlegislation.uk/national-minimum-wage-offshore-employment-order-1999/article-2.json",
  "legislation": "uksi/1999/1128",
  "legislation_title": "The National Minimum Wage (Offshore Employment) Order 1999",
  "legislation_url": "https://openlegislation.uk/national-minimum-wage-offshore-employment-order-1999",
  "path": "article/2",
  "kind": "article",
  "number": "2",
  "heading": "Application of Order",
  "text": "(1) The provisions of the 1998 Act shall apply to offshore employment, as if the reference in section 1(2)(b) of the 1998 Act to an individual who “is working, or ordinarily works in the United Kingdom” included a reference to an individual who is working, or ordinarily works–\n(a) in the territorial waters of the United Kingdom; or\n(b) in the United Kingdom sector of the continental shelf.\n(2) Paragraph (1) does not apply the provisions of the 1998 Act to or in relation to any individual employed for the purposes of activities on a ship exercising the right of innocent passage or the right of transit passage.\n(3) In paragraph (2), “right of innocent passage” and “right of transit passage” are to be construed in accordance with the United Nations Convention on the Law of the Sea 1982.\n(3) In paragraph (2) “dredging” does not include the excavation of the sea-bed or its subsoil in the course of pipe laying.\n(4) This Order applies to individuals whether or not they are British subjects, and to bodies corporate whether or not they are incorporated under the law of the United Kingdom, and applies even when the application may affect their activities outside the United Kingdom.\n(5) Nothing in this article affects the operation of section 40 of the 1998 Act (application of the Act to individuals employed to work on ships registered in the United Kingdom).",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Art. 2(2)(3) substituted (1.10.2020) by The National Minimum Wage (Offshore Employment) (Amendment) Order 2020 (S.I. 2020/779), arts. 1(2), 2(2)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Art. 2(5) inserted (1.10.2020) by The National Minimum Wage (Offshore Employment) (Amendment) Order 2020 (S.I. 2020/779), arts. 1(2), 2(3)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 2 in force at 1.5.1999, see art. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1999/1128/article/2",
    "retrieved_at": "2026-10-29T10:49:58.300741+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}