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PART II |
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THE AGRICULTURAL WAGES (SCOTLAND) ACT 1949 |
| | 9. The Agricultural Wages (Scotland) Act 1949 shall be amended in accordance with this Part of this Schedule.
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Section 3 |
| | 10. - (1) Section 3 (power of Scottish Agricultural Wages Board to fix minimum rates of wages, holidays to be allowed etc.) shall be amended as follows.
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(2) After subsection (2A) there shall be inserted-
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"(2B) No minimum rate fixed under this section shall be less than the national minimum wage.
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(2C) No minimum rate fixed under this section which is a rate other than an hourly rate shall be such as to yield a less amount of wages for each hour worked than the hourly amount of the national minimum wage."
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(3) After subsection (7) there shall be added-
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"(8) If the Board makes, or purports to make, an order fixing a minimum rate under this section-
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(a) which is an hourly rate but which is lower than the national minimum wage in force when that minimum rate comes into effect, or |
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(b) which is a rate other than an hourly rate but which is such as to yield a less amount of wages for each hour worked than the hourly amount of the national minimum wage in force when that minimum rate comes into effect, |
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the Board shall be taken to have made an order fixing in place of that minimum rate a minimum rate equal to the national minimum wage or, as the case may be, a minimum rate such as to yield an amount of wages for each hour worked equal to the hourly amount of the national minimum wage.
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(9) If, at any time after a minimum rate which is an hourly rate comes into effect under this section, the national minimum wage becomes higher than that minimum rate, then, as respects any period beginning at or after that time, the Board shall be taken to have made an order fixing in place of that minimum rate a minimum rate equal to the national minimum wage.
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(10) If, at any time after a minimum rate other than an hourly rate comes into effect under this section, the national minimum wage is increased to such a level that that minimum rate yields a less amount of wages for each hour worked than the hourly amount of the national minimum wage, then, as respects any period beginning at or after that time, the Board shall be taken to have made an order fixing in place of that minimum rate a minimum rate such as to yield an amount of wages for each hour worked equal to the hourly amount of the national minimum wage.
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(11) Subsections (8) to (10) of this section are without prejudice to the power of the Board to make further orders under this section fixing any minimum rates."
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Enforcement |
| | 11. After section 3 there shall be inserted-
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| "Enforcement. |
3A. - (1) The enforcement provisions of the National Minimum Wage Act 1998 shall have effect for the purposes of this Act as they have effect for the purposes of that Act, but with the modifications specified in subsection (3) below.
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(2) In subsection (1) above "the enforcement provisions of the National Minimum Wage Act 1998" means the following provisions of that Act-
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(a) sections 9 to 11 (records); |
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(b) section 14 (powers of officers); |
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(c) sections 15 and 17 to 20 (enforcement of right to national minimum wage); |
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(d) sections 21 and 22 (right not to suffer detriment); |
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(e) section 26 (evidence: reversal of burden of proof in civil proceedings); |
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(f) sections 28, 29 and 30(4) and (5) (offences); |
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(g) section 45 (superior employees); and |
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(h) section 46 (restriction on contracting out). |
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(3) In the application of any provision of the National Minimum Wage Act 1998 by subsection (1) above-
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(a) any reference to that Act, other than a reference to a specific provision of it, includes a reference to this Act; |
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(b) any reference to a worker (within the meaning of that Act) shall be taken as a reference to a worker employed in agriculture (within the meaning of this Act); |
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(c) any reference to a person (however described) who qualifies for the national minimum wage shall be taken as a reference to a worker employed in agriculture; |
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(d) subject to paragraph (c) above, any reference to the national minimum wage, other than a reference to the hourly amount of the national minimum wage, shall be taken as a reference to the minimum rate applicable under this Act; |
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(e) subject to paragraph (c) above, any reference to qualifying for the national minimum wage shall be taken as a reference to being entitled to the minimum rate applicable under this Act; and |
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(f) any reference to a pay reference period shall be disregarded. |
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(4) In section 104A of the Employment Rights Act 1996 (unfair dismissal: national minimum wage)-
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(a) any reference to an officer acting for the purposes of the National Minimum Wage Act 1998 includes a reference to an officer acting for the purposes of this Act; and |
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(b) any reference to an officer's functions under that Act includes a reference to an officer's functions under this Act.". |
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Section 4 |
| | 12. In section 4 (enforcement of wages and holiday orders) the following provisions shall cease to have effect-
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(i) paragraphs (a), (b) and (d); and
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(ii) the words "and, in the case of an offence consisting of a failure to pay wages" onwards;
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(c) in subsection (3), the words "has paid wages at not less than the minimum rate of" and ", as the case may be"; and |
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Section 11 |
| | 13. Section 11(1)(a) (invalidity of certain agreements) shall cease to have effect.
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Section 17 |
| | 14. - (1) Section 17 (interpretation) shall be amended as follows.
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(2) In subsection (1) the following definition shall be inserted in the appropriate place-
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""the national minimum wage" means the single hourly rate for the time being in force by virtue of regulations under section 1(3) of the National Minimum Wage Act 1998, but this definition is subject to subsection (1A) of this section;". |
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(3) After subsection (1) there shall be inserted-
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"(1A) If, in the case of persons of any description, regulations under subsection (2) of section 3 of the National Minimum Wage Act 1998-
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(a) prevent them being persons who (within the meaning of that Act) qualify for the national minimum wage; or |
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(b) prescribe a rate ("the reduced rate") for the national minimum wage other than the single hourly rate for the time being prescribed under section 1(3) of that Act, |
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this Act shall have effect in relation to persons of that description as if in a case falling within paragraph (a) above the national minimum wage were nil and in a case falling within paragraph (b) above the national minimum wage were the reduced rate."
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Relationship between national minimum wage and agricultural wages legislation |
| | 15. After section 17 there shall be inserted-
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| "Relationship between this Act and the National Minimum Wage Act 1998. |
17A. - (1) Except so far as expressly provided by this Act, nothing in the National Minimum Wage Act 1998 or in regulations made under that Act affects the operation of this Act.
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(2) This Act is subject to-
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(a) section 43 of the National Minimum Wage Act 1998; and |
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(b) section 44 of that Act and any regulations made under that section.". |
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