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PART III |
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THE AGRICULTURAL WAGES (REGULATION) (NORTHERN IRELAND) ORDER 1977 |
| | 17. The Agricultural Wages (Regulation) (Northern Ireland) Order 1977 shall be amended in accordance with this Part of this Schedule.
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Article 2 |
| | 18. - (1) Article 2 (interpretation) shall be amended as follows.
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(2) In paragraph (2) 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 paragraph (2A) of this Article;. |
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(3) After paragraph (2) there shall be inserted-
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"(2A) 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 Order shall have effect in relation to persons of that description as if in a case falling within sub-paragraph (a) the national minimum wage were nil and in a case falling within sub-paragraph (b) the national minimum wage were the reduced rate."
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Relationship between the national minimum wage and agricultural wages legislation |
| | 19. After Article 2 there shall be inserted- "Relationship between this Order and the National Minimum Wage Act 1998.
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| 2A. - (1) Except so far as expressly provided by this Order, nothing in the National Minimum Wage Act 1998 or in regulations made under that Act affects the operation of this Order.
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(2) This Order 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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Article 4 |
| | 20. - (1) Article 4 (power of Agricultural Wages Board for Northern Ireland to fix minimum rates of wages) shall be amended as follows.
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(2) After paragraph (1) there shall be inserted-
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"(1A) No minimum rate fixed under this Article which is an hourly rate shall be less than the national minimum wage.
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(1B) No minimum rate fixed under this Article 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 paragraph (12) there shall be added-
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"(13) If the Board makes, or purports to make, an order fixing a minimum rate under this Article-
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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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(14) If, at any time after a minimum rate which is an hourly rate comes into effect under this Article, 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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(15) If, at any time after a minimum rate other than an hourly rate comes into effect under this Article, 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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(16) Paragraphs (13) to (15) of this Article are without prejudice to the power of the Board to make further orders under this Article fixing any minimum rates."
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Article 6 |
| | 21. - (1) Article 6 (permits exempting in certain cases, payment of minimum rate) shall be amended as follows.
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(2) In paragraph (1), after "the employment of the worker from" there shall be inserted "(a)" and after "not less than the minimum rate" there shall be inserted the word "or" and the following paragraph-
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"(b) any legal proceedings under section 29(1) of the National Minimum Wage Act 1998 as it applies for the purposes of this Order (offence of refusing or wilfully neglecting to pay worker at applicable rate),". |
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(3) After paragraph (1) there shall be inserted-
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"(1A) Every permit under paragraph (1) (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 paragraph (1A)-
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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 paragraph (2), after "shall not be liable to" there shall be inserted "(a)" and after "less than the minimum rate," there shall be inserted the word "or" and the following paragraph-
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"(b) any legal proceedings under section 29(1) of the National Minimum Wage Act 1998 as it applies for the purposes of this Order,". |
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(5) In paragraph (3), after "any legal proceedings" there shall be inserted "(a)" and after "under this Order" there shall be inserted the word "or" and the following paragraph-
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"(b) under section 29(1) of the National Minimum Wage Act 1998 as it applies for the purposes of this Order,". |
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Enforcement |
| | 22. After Article 8 there shall be inserted- "Enforcement.
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| 8A. - (1) The enforcement provisions of the National Minimum Wage Act 1998 shall have effect for the purposes of this Order as they have effect for the purposes of that Act, but with the modifications specified in paragraphs (3) and (4).
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(2) In paragraph (1) "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 paragraph (1)-
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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 Order; |
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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 Order); |
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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 sub-paragraph (c), 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 Order; |
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(e) subject to sub-paragraph (c), 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 Order; and |
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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 paragraph (1), any reference to the Secretary of State shall be taken to include a reference to the Department of Agriculture for Northern Ireland."
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