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| Proceedings for offences. |
30. - (1) The persons who may conduct proceedings for an offence under this Act-
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(a) in England and Wales, before a magistrates' court, or |
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(b) in Northern Ireland, before a court of summary jurisdiction, |
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shall include any person authorised for the purpose by the Secretary of State even if that person is not a barrister or solicitor.
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(2) In England and Wales or Northern Ireland, proceedings for an offence under this Act may be begun at any time within whichever of the following periods expires the later, that is to say-
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(a) the period of 6 months from the date on which evidence, sufficient in the opinion of the Secretary of State to justify a prosecution for the offence, comes to the knowledge of the Secretary of State, or |
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(b) the period of 12 months from the commission of the offence, |
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notwithstanding anything in any other enactment (including an enactment comprised in Northern Ireland legislation) or in any instrument made under an enactment.
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(3) For the purposes of subsection (2) above, a certificate purporting to be signed by or on behalf of the Secretary of State as to the date on which such evidence as is mentioned in paragraph (a) of that subsection came to the knowledge of the Secretary of State shall be conclusive evidence of that date.
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(4) In Scotland, proceedings for an offence under this Act may, notwithstanding anything in section 136 of the Criminal Procedure (Scotland) Act 1995, be commenced at any time within-
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(a) the period of 6 months from the date on which evidence, sufficient in the opinion of the procurator fiscal to justify proceedings, comes to the knowledge of the procurator fiscal, or |
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(b) the period of 12 months from the commission of the offence, |
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whichever period expires the later.
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(5) For the purposes of subsection (4) above-
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(a) a certificate purporting to be signed by or on behalf of the procurator fiscal as to the date on which such evidence as is mentioned above came to the knowledge of the procurator fiscal shall be conclusive evidence of that date; and |
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(b) subsection (3) of section 136 of the said Act of 1995 (date of commencement of proceedings) shall have effect as it has effect for the purposes of that section. |
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Special classes of person |
| Agency workers who are not otherwise "workers". |
31. - (1) This section applies in any case where an individual ("the agency worker")-
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(a) is supplied by a person ("the agent") to do work for another ("the principal") under a contract or other arrangements made between the agent and the principal; but |
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(b) is not, as respects that work, a worker, because of the absence of a worker's contract between the individual and the agent or the principal; and |
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(c) is not a party to a contract under which he undertakes to do the work for another party to the contract whose status is, by virtue of the contract, that of a client or customer of any profession or business undertaking carried on by the individual. |
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(2) In a case where this section applies, the other provisions of this Act shall have effect as if there were a worker's contract for the doing of the work by the agency worker made between the agency worker and-
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(a) whichever of the agent and the principal is responsible for paying the agency worker in respect of the work; or |
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(b) if neither the agent nor the principal is so responsible, whichever of them pays the agency worker in respect of the work. |
| Home workers who are not otherwise "workers". |
32. - (1) In determining for the purposes of this Act whether a home worker is or is not a worker, section 51(3)(b) below shall have effect as if for the word "personally" there were substituted "(whether personally or otherwise)".
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(2) In this section "home worker" means an individual who contracts with a person, for the purposes of that person's business, for the execution of work to be done in a place not under the control or management of that person.
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| Crown employment. |
33. - (1) Subject to section 34 below, the provisions of this Act have effect in relation to Crown employment and persons in Crown employment as they have effect in relation to other employment and other workers.
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(2) In this Act "Crown employment" means employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by statutory provision.
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(3) For the purposes of the application of the other provisions of this Act in relation to Crown employment in accordance with subsection (1) above-
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(a) references to an employee or a worker shall be construed as references to a person in Crown employment; |
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(b) references to a contract of employment or a worker's contract shall be construed as references to the terms of employment of a person in Crown employment; and |
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(c) references to dismissal, or to the termination of a worker's contract, shall be construed as references to the termination of Crown employment. |
| Armed forces. |
34. - (1) Subject to the following provisions of this section, section 33 above applies in relation to-
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(a) service as a member of the naval, military or air forces of the Crown; and |
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(b) employment by an association established for the purposes of Part XI of the Reserve Forces Act 1996. |
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(2) Service falling within subsection (1)(a) above shall be regarded for the purposes of this Act as employment in which, under his contract, a worker ordinarily works in the United Kingdom, notwithstanding that the service is outside the United Kingdom or on any of Her Majesty's ships.
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(3) Notwithstanding anything in any other provision of this Act, regulations under sections 1 to 4, 9 or 12 above may make different provision in relation to service as a member of the naval, military or air forces of the Crown or any particular description of such service.
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(4) Any regulations under section 1(3) or 3(2)(b) above made by virtue of subsection (3) above must not prescribe a lower rate than the rate that would be applicable apart from that subsection.
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(5) Her Majesty may by Order in Council make provision-
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(a) preventing a person qualifying for the national minimum wage in respect of any such description of service as a member of the naval, military or air forces of the Crown as may be specified in the Order; |
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(b) excluding or modifying provisions of this Act in their application in relation to service as a member of the naval, military or air forces of the Crown; or |
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(c) excluding or modifying provisions of this Act in their application in relation to any such description of service as a member of the naval, military or air forces of the Crown as may be specified in the Order. |
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(6) The powers conferred by paragraphs (b) and (c) of subsection (5) above do not include power to exclude or modify any provision of sections 1 to 8 above.
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(7) Modifications made by an Order in Council under subsection (5) above may include provision precluding the making of a complaint to any industrial tribunal unless the person aggrieved has availed himself of the service redress procedures applicable to him.
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(8) Where modifications made by an Order in Council under subsection (5) above include provision such as is mentioned in subsection (7) above, the Order in Council shall also include provision designed to secure that the service redress procedures result in a determination, or what is to be treated under the Order in Council as a determination, in sufficient time to enable a complaint or reference to be made to an industrial tribunal.
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(9) In subsections (7) and (8) above "the service redress procedures" means the procedures, excluding those which relate to the making of a report on a complaint to Her Majesty, referred to in-
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(a) sections 180 and 181 of the Army Act 1955; |
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(b) sections 180 and 181 of the Air Force Act 1955; and |
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(c) section 130 of the Naval Discipline Act 1957. |
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(10) No provision shall be made by virtue of subsection (7) above which has the effect of substituting a period longer than six months for any period specified as the normal period for a complaint or reference.
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(11) In subsection (10) above "the normal period for a complaint or reference", in relation to any matter within the jurisdiction of an industrial tribunal, means the period specified in the relevant enactment as the period within which the complaint or reference must be made (disregarding any provision permitting an extension of that period at the discretion of the tribunal).
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| House of Lords staff. |
35. - (1) Apart from section 19 above, the provisions of this Act have effect in relation to employment as a relevant member of the House of Lords staff as they have effect in relation to other employment.
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(2) Nothing in any rule of law or the law or practice of Parliament prevents a relevant member of the House of Lords staff from bringing before the High Court or a county court any claim under this Act.
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(3) In this section "relevant member of the House of Lords staff" means any person who is employed under a contract of employment with the Corporate Officer of the House of Lords.
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| House of Commons staff. |
36. - (1) Apart from section 19 above, the provisions of this Act have effect in relation to employment as a relevant member of the House of Commons staff as they have effect in relation to other employment.
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(2) For the purposes of the application of the provisions of this Act (other than section 19 above) in relation to a relevant member of the House of Commons staff, references to an employee or a worker shall be construed as references to a relevant member of the House of Commons staff.
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(3) Nothing in any rule of law or the law or practice of Parliament prevents a relevant member of the House of Commons staff from bringing before the High Court or a county court any claim under this Act.
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(4) In this section "relevant member of the House of Commons staff" means any person-
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(a) who was appointed by the House of Commons Commission; or |
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(b) who is a member of the Speaker's personal staff. |
| Mariners. |
37. For the purposes of this Act, an individual employed to work on board a ship registered in the United Kingdom shall be treated as an individual who under his contract ordinarily works in the United Kingdom unless-
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(a) the ship is registered at a port outside the United Kingdom; |
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(b) the employment is wholly outside the United Kingdom; or |
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(c) the person is not ordinarily resident in the United Kingdom; |
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and related expressions shall be construed accordingly.
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