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Extensions |
| Power to apply Act to individuals who are not otherwise "workers". |
38. The Secretary of State may by regulations make provision for this Act to apply, with or without modifications, as if-
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(a) any individual of a prescribed description who would not otherwise be a worker for the purposes of this Act were a worker for those purposes; |
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(b) there were in the case of any such individual a worker's contract of a prescribed description under which the individual works; and |
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(c) a person of a prescribed description were the employer under that contract. |
| Power to apply Act to offshore employment. |
39. - (1) In this section "offshore employment" means employment for the purposes of activities-
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(a) in the territorial waters of the United Kingdom, or |
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(b) connected with the exploration of the sea-bed or subsoil, or the exploitation of their natural resources, in the United Kingdom sector of the continental shelf, or |
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(c) connected with the exploration or exploitation, in a foreign sector of the continental shelf, of a cross-boundary petroleum field. |
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(2) Her Majesty may by Order in Council provide that the provisions of this Act apply, to such extent and for such purposes as may be specified in the Order (with or without modification), to or in relation to a person in offshore employment.
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(3) An Order in Council under this section-
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(a) may make different provision for different cases, |
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(b) may provide that all or any of the provisions of this Act, as applied by such an Order in Council, apply- |
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(i) to individuals whether or not they are British subjects, and
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(ii) to bodies corporate whether or not they are incorporated under the law of a part of the United Kingdom,
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and apply even where the application may affect their activities outside the United Kingdom, |
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(c) may make provision for conferring jurisdiction on any court or class of court specified in the Order in Council, or on industrial tribunals, in respect of offences, causes of action or other matters arising in connection with offshore employment, |
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(d) may (without prejudice to subsection (2) above or paragraph (a) above) provide that the provisions of this Act, as applied by the Order in Council, apply in relation to any person in employment in a part of the areas referred to in subsection (1)(a) and (b) above, |
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(e) may exclude from the operation of section 3 of the Territorial Waters Jurisdiction Act 1878 (consents required for prosecutions) proceedings for offences under this Act in connection with offshore employment, |
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(f) may provide that such proceedings shall not be brought without such consent as may be required by the Order in Council, |
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(g) may (without prejudice to subsection (2) above) modify or exclude the operation of sections 1(2)(b), 34 and 37 above, |
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(4) Any jurisdiction conferred on a court or tribunal under this section is without prejudice to jurisdiction exercisable apart from this section by that or any other court or tribunal.
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(5) In this section-
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"cross-boundary petroleum field" means a petroleum field that extends across the boundary between the United Kingdom sector of the continental shelf and a foreign sector of the continental shelf, |
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"foreign sector of the continental shelf" means an area outside the territorial waters of any state, within which rights with respect to the sea-bed and subsoil and their natural resources are exercisable by a state other than the United Kingdom, |
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"petroleum field" means a geological structure identified as an oil or gas field by the Order in Council concerned, and |
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"United Kingdom sector of the continental shelf" means the area designated under section 1(7) of the Continental Shelf Act 1964. |
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Exclusions |
| Share fishermen. |
40. A person-
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(a) employed as master, or as a member of the crew, of a fishing vessel, and |
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(b) remunerated, in respect of that employment, only by a share in the profits or gross earnings of the vessel, |
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does not qualify for the national minimum wage in respect of that employment.
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| Voluntary workers. |
41. - (1) A person who is employed as a voluntary worker for a charity or other voluntary organisation and who is entitled either to no remuneration or only to payments in respect of-
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(a) expenses actually incurred in the performance of his duties, or |
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(b) expenses reasonably estimated as likely to be or to have been so incurred, |
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does not qualify for the national minimum wage in respect of that employment.
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(2) In this section "charity" means a body of persons, or the trustees of a trust, established for charitable purposes only.
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| Prisoners. |
42. - (1) A prisoner does not qualify for the national minimum wage in respect of any work which he does in pursuance of prison rules.
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(2) In this section-
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"prisoner" means a person detained in, or on temporary release from, a prison; |
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"prison" includes any other institution to which prison rules apply and, in Northern Ireland, a young offenders centre and a remand centre; |
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(a) in relation to England and Wales, rules made under section 47 of the Prison Act 1952;
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(b) in relation to Scotland, rules made under section 39 of the Prisons (Scotland) Act 1989; and
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(c) in relation to Northern Ireland, rules made under section 13 of the Prison Act (Northern Ireland) 1953 and includes, where a person is detained in an institution other than a prison, any rules applying with respect to the detention of persons in that institution.
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Agricultural workers |
| Relationship of this Act and agricultural wages legislation. |
43. - (1) A person who has been prosecuted for an offence which falls within paragraph (a) or (b) below, that is to say-
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(a) an offence under any provision of this Act in its application for the purposes of the agricultural wages legislation, or |
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(b) an offence under any provision of this Act in its application otherwise than for the purposes of the agricultural wages legislation, |
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shall not also be liable to be prosecuted for an offence which falls within the other of those paragraphs but which is constituted by the same conduct or alleged conduct for which he was prosecuted.
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(2) No amount shall be recoverable both-
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(a) under or by virtue of this Act in its application for the purposes of the agricultural wages legislation, and |
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(b) under or by virtue of this Act in its application otherwise than for those purposes, |
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in respect of the same work.
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(3) Nothing in the agricultural wages legislation, or in any order under that legislation, affects the operation of this Act in its application otherwise than for the purposes of that legislation.
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(4) In this section "the agricultural wages legislation" means-
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(a) the Agricultural Wages Act 1948; |
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(b) the Agriculture Wages (Scotland) Act 1949; and |
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(c) the Agricultural Wages (Regulation) (Northern Ireland) Order 1977. |
| Amendments relating to remuneration etc of agricultural workers. |
44. - (1) The following enactments, that is to say-
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(a) the Agricultural Wages Act 1948, |
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(b) the Agricultural Wages (Scotland) Act 1949, and |
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(c) the Agricultural Wages (Regulation) (Northern Ireland) Order 1977, |
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shall be amended in accordance with Schedule 2 to this Act.
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(2) The appropriate authority may by regulations amend-
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(a) the Agricultural Wages Act 1948; |
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(b) the Agricultural Wages (Scotland) Act 1949; |
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(c) section 67 of the Agriculture Act 1967 (sick pay); |
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(d) section 46 of the Agriculture (Miscellaneous Provisions) Act 1968 (further functions of agricultural wages committees); and |
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(e) the Agricultural Wages (Regulation) (Northern Ireland) Order 1977. |
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(3) The amendments that may be made under subsection (2) above are any amendments which are consequential on this Act or on regulations under section 1(4), 2 or 3 above.
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(4) The appropriate authority may by regulations amend, or make provision in substitution for,-
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(a) section 7 of the Agricultural Wages Act 1948 (reckoning of benefits and advantages as payment of wages); |
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(b) section 7 of the Agricultural Wages (Scotland) Act 1949 (similar provision for Scotland); or |
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(c) Article 4(3) and (5) of the Agricultural Wages (Regulation) (Northern Ireland) Order 1977. |
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(5) Subsection (1) above is without prejudice to subsections (2) to (4) above.
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(6) In this section "the appropriate authority" means-
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(a) in relation to England and Wales, the Secretary of State and the Minister of Agriculture, Fisheries and Food acting jointly; |
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(b) in relation to Scotland, the Secretary of State; |
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(c) in relation to Northern Ireland, the Department of Agriculture for Northern Ireland. |
