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Regulations 13(4), 15(6) and 43
Textual Amendments
F1Words in Sch. 2 heading inserted (E.) (1.10.2013) by The Working Time (Amendment) (England) Regulations 2013 (S.I. 2013/2228), regs. 1(2), 2(5)(a) (with reg. 3)
1. Except where, in the case of a worker partly employed in agriculture [F2in Wales or Scotland], different provision is made by a relevant agreement—E+W+S
(a)for the purposes of [F3regulations 13, 13A and 15B], the leave year of a worker employed in agriculture [F2in Wales or Scotland] begins on 6th April each year or such other date as may be specified in an agricultural wages order which applies to him; and
(b)the dates on which leave is taken by a worker employed in agriculture [F2in Wales or Scotland] shall be determined in accordance with an agricultural wages order which applies to him.
Textual Amendments
F2Words in Sch. 2 para. 1 inserted (E.) (1.10.2013) by The Working Time (Amendment) (England) Regulations 2013 (S.I. 2013/2228), regs. 1(2), 2(5)(b) (with reg. 3)
F3Words in Sch. 2 para. 1(a) substituted (1.1.2024) by The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (S.I. 2023/1426), regs. 1(2), 3(11)
2. Where, in the case referred to in paragraph 1 above, a relevant agreement makes provision different from sub-paragraph (a) or (b) of that paragraph—E+W+S
(a)neither section 11 of the Agricultural Wages Act 1948 M1 nor section 11 of the Agricultural Wages (Scotland) Act 1949 M2 shall apply to that provision; and
(b)an employer giving effect to that provision shall not thereby be taken to have failed to comply with the requirements of an agricultural wages order.
3. In this Schedule, “an agricultural wages order" means an order under section 3 of the Agricultural Wages Act 1948 [F4, section 3 of the Agricultural Sector (Wales) Act 2014] or section 3 of the Agricultural Wages (Scotland) Act 1949.E+W+S
Textual Amendments
F4Words in Sch. 2 para. 3 inserted (E.W.) (30.7.2014) by Agricultural Sector (Wales) Act 2014 (anaw 6), ss. 11(3), 19 (with s. 14(1))