1999 No. 3372
The Working Time Regulations 1999
Made
Coming into force in accordance with regulation 1(1)
Whereas the Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 19721 in relation to measures relating to the organisation of working time2;
And whereas a draft of the following Regulations was laid before Parliament in accordance with paragraph 2 of Schedule 2 to that Act and approved by a resolution of each House of Parliament:
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 2(2) of that Act hereby makes the following Regulations—
Citation, commencement and extent1
1
These Regulations may be cited as the Working Time Regulations 1999 and shall come into force on the day after the day on which they are made.
2
These Regulations extend to Great Britain only.
Amendments to Regulations2
The Working Time Regulations 19983 (“the 1998 Regulations”) shall have effect as amended by regulations 3, 4 and 5 below.
Maximum weekly working time3
1
In regulation 4 of the 1998 Regulations—
a
for the words “Subject to regulation 5” in paragraph (1) there shall be substituted the words “Unless his employer has first obtained the worker’s agreement in writing to perform such work”;
b
at the end of paragraph (2) there shall be added the words “and shall keep up-to-date records of all workers who carry out work to which it does not apply by reason of the fact that the employer has obtained the worker’s agreement as mentioned in paragraph (1)”; and
c
for the words “by virtue of regulation 5” in paragraph (7)(d) there shall be substituted the words “by reason of the fact that the employer has obtained the worker’s agreement as mentioned in paragraph (1)”.
2
In regulation 5 of those Regulations—
a
paragraphs (1) and (4) shall be omitted; and
b
in both paragraph (2) and paragraph (3), for “paragraph (1)” there shall be substituted “regulation 4”.
Unmeasured working time4
Regulation 20 of the 1998 Regulations shall be re-numbered as paragraph (1) of that regulation, and after that provision the following paragraph shall be inserted—
2
Where part of the working time of a worker is measured or predetermined or cannot be determined by the worker himself but the specific characteristics of the activity are such that, without being required to do so by the employer, the worker may also do work the duration of which is not measured or predetermined or can be determined by the worker himself, regulations 4(1) and (2) and 6(1), (2) and (7) shall apply only to so much of his work as is measured or predetermined or cannot be determined by the worker himself.
Guidance5
The following regulation shall be inserted after regulation 35 of the 1998 Regulations—
35A
1
The Secretary of State shall, after consulting persons appearing to him to represent the two sides of industry, arrange for the publication, in such form and manner as he considers appropriate, of information and advice concerning the operation of these Regulations.
2
The information and advice shall be such as appear to him best calculated to enable employers and workers affected by these Regulations to understand their respective rights and obligations under them.
(This note is not part of the Regulations)