2002 No. 1999

TERMS AND CONDITIONS OF EMPLOYMENT

The National Minimum Wage Regulations 1999 (Amendment) Regulations 2002

Made

Coming into force

Whereas a draft of the following Regulations was laid before Parliament in accordance with section 51(5) of the National Minimum Wage Act 19981 and approved by resolution of each House of Parliament:

Now, therefore, the Secretary of State, in exercise of the powers conferred on her by sections 1(3), 2, 3 and 51 of the National Minimum Wage Act 1998, hereby makes the following Regulations:

Citation, commencement and interpretation1

1

These Regulations may be cited as the National Minimum Wage Regulations 1999 (Amendment) Regulations 2002 and shall come into force on 1st October 2002.

2

In these Regulations, “the principal regulations” means the National Minimum Wage Regulations 19992.

Amendments to the principal regulations

2

In regulation 113 of the principal regulations (the rate of the national minimum wage), for “£4.10” substitute “£4.20”.

3

In regulation 13 of the principal regulations (rate for workers who qualify for the national minimum wage at a different rate)—

a

in paragraph (1)4, for “£3.50” substitute “£3.60”, and

b

in paragraph (2) 5, for “£3.50” substitute “£3.60”.

4

After regulation 14 of the principal regulations insert—

Determining the applicable national minimum rate14A

The hourly rate at which a worker is entitled to be remunerated in respect of his work in any pay reference period is the rate, prescribed by regulations, that is in force on the first day of that period.

Revocation provision5

The regulations specified in the first column of the Schedule to these Regulations are hereby revoked to the extent specified in the second column thereof.

Alan Johnson,Minister of State for Employment Relations, Industry and the Regions,Department of Trade and Industry

SCHEDULEREVOCATIONS

Regulation 5

Regulations

Extent of Revocation

The National Minimum Wage (Increase in Development Rate for Young Workers) Regulations 2000 (S.I.2000/1411).

The whole instrument.

The National Minimum Wage Regulations 1999 (Amendment) Regulations 2000 (S.I.2000/1989).

Regulation 3.

In regulation 10(1), the number “3,”.

The National Minimum Wage Regulations 1999 (Amendment) (No. 2) Regulations 2001 (S.I.2001/2763).

Regulations 2 and 3.

In regulation 6, the numbers “2, 3,”.

(This note is not part of the Regulations)

These Regulations, which amend the National Minimum Wage Regulations 1999 (“the principal regulations”) and come into force on 1st October 2002, increase the minimum hourly rate of the national minimum wage from £4.10 to £4.20. They also increase the rate to be paid to those (including workers aged between 18 and 21 inclusive) who qualify for the national minimum wage at a different rate, from £3.50 to £3.60.

The Regulations further amend the principal regulations by inserting a new regulation 14A, which provides that the rate of the national minimum wage to which a worker is entitled in any pay reference period (which is defined in regulation 10 of the principal regulations) is the rate in force on the first day of that period.

The Regulations contain a revocation provision which revokes previous provisions which increased the minimum hourly rate of the national minimum wage.

A Regulatory Impact Assessment of the estimated costs and benefits of the rate increases has been placed in the Libraries of both Houses of Parliament. Copies are available to the public from Employment Relations, P&S, Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET and on the DTI website at www.dti.gov.uk.