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SCHEDULE 2
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AMENDMENTS RELATING TO REMUNERATION ETC OF AGRICULTURAL WORKERS |
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PART I |
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THE AGRICULTURAL WAGES ACT 1948 |
| | 1. The Agricultural Wages Act 1948 shall be amended in accordance with this Part of this Schedule.
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Section 3 |
| | 2. - (1) Section 3 (power of Agricultural Wages Board to fix minimum rates of wages, holiday pay, 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 which is an hourly rate 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 make, or purport 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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they 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 |
| | 3. 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 subsections (3) and (4) of this section.
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(2) In subsection (1) of this section "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 29 to 31 (offences); |
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(g) section 46 (superior employers); and |
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(h) section 47 (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) of this section-
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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; |
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(f) any reference to a pay reference period shall be disregarded. |
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(4) In the application of section 31 of the National Minimum Wage Act 1998 (proceedings for offences) by subsection (1) of this section, any reference to the Secretary of State shall be taken to include a reference to the Minister of Agriculture, Fisheries and Food."
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Section 4 |
| | 4. - (1) In section 4 (enforcement of wages and holidays orders) the following provisions shall cease to have effect-
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(i) paragraphs (a), (b) and (d) (which relate to wages); and
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(ii) the words from "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 or" and "as the case may be"; and |
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(2) In consequence of sub-paragraph (1) above, the sidenote to section 4 becomes "Enforcement of holidays orders".
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Section 5 |
| | 5. - (1) Section 5 (permits to incapacitated persons) shall be amended as follows.
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(2) In subsection (1)-
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(a) for "the last preceding section relating to payment of wages at not less than the minimum rate" there shall be substituted "subsection (1) of section 29 of the National Minimum Wage Act 1998 as it applies for the purposes of this Act (offence of refusing or wilfully neglecting to pay worker at applicable rate)"; and |
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(b) for "any legal proceedings under the last preceding section for failing" there shall be substituted "any legal proceedings under that subsection, as it so applies, for refusing or wilfully neglecting". |
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(3) After subsection (1) there shall be inserted-
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"(1A) Every permit under subsection (1) of this section (whenever granted) shall be deemed to contain a condition that the worker to whom it is granted must at any time be paid at a rate which-
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(a) in the case of an hourly rate, is not less than the national minimum wage in force at that time; or |
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(b) in the case of a rate other than an hourly rate, is such as to yield an amount of wages for each hour worked which is not less than the hourly amount of the national minimum wage in force at that time. |
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(1B) The condition which a permit is deemed to contain by virtue of subsection (1A) of this section-
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(a) overrides any other condition which the permit contains as to payment of wages, to the extent that that other condition provides for payment of wages at any time at a lower rate; but |
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(b) is without prejudice to any other condition which the permit contains as to payment of wages, to the extent that that other condition provides for payment of wages at any time at a higher rate." |
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(4) In subsection (2)-
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(a) for "the preceding subsection" there shall be substituted "subsection (1) of this section"; and |
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(b) for "any legal proceedings under the last preceding section for failing" there shall be substituted "any legal proceedings under section 29(1) of the National Minimum Wage Act 1998, as it applies for the purposes of this Act, for refusing or wilfully neglecting". |
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Section 11 |
| | 6. Section 11(1)(a) (invalidity of certain agreements) shall cease to have effect.
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Section 17 |
| | 7. - (1) Section 17 (interpretation) shall be amended as follows.
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(2) In subsection (1) the following definition shall be inserted at 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 the national minimum wage and agricultural wages legislation |
| | 8. 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 44 of the National Minimum Wage Act 1998; and |
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(b) section 45 of that Act and any regulations made under that section." |
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