HC Deb 09 March 1998 vol 308 cc243-5 6A.—(1) Section 12 (officers) shall be amended as follows. (2) In subsection (5)(a) (power to institute civil proceedings on behalf of worker on account of payment of wages at less than the applicable minimum rate etc) the words "on account of the payment of wages to him at less than the minimum rate applicable or" shall cease to have effect. (3) At the end of the section there shall be added— (8) The powers conferred by subsections (3) and (4) of this section are not exercisable in any case where corresponding or similar powers conferred by any of the enforcement provisions of the National Minimum Wage Act 1998, as they have effect for the purposes of this Act, are exercisable by virtue of section 3A of this Act. (9) In subsection (8) of this section, "the enforcement provisions of the National Minimum Wage Act 1998" has the same meaning as in subsection (1) of section 3A of this Act.".'.

No. 33, in page 37, line 23, at end insert— 'Information obtained by national minimum wage officers 6B. After section 15 there shall be inserted— "Information obtained by national minimum wage officers 15A.—(1) This section applies to information which has been obtained by an officer acting for the purposes of the National Minimum Wage Act 1998 and which is held by—

  1. (a) the Secretary of State; or
  2. (b) a government department or other body which is party to arrangements in force under section 13(1)(b) of that Act.
(2) This section does not apply to any information to the extent that the information relates to—
  1. (a) any failure to allow holidays directed to be allowed by an order under section 3 of this Act; or
  2. (b) any terms and conditions of employment fixed by such an order by virtue of subsection (1)(c) of that section.
 (3) Information to which this section applies may, with the authority of the Secretary of State, be supplied to the relevant Minister for use for any purpose relating to this Act. (4) Information supplied under subsection (3) of this section shall not be supplied by the recipient to any other person or body unless—
  1. (a) it could be supplied to that person or body under that subsection; or
  2. (b) it is supplied for the purposes of any civil or criminal proceedings relating to this Act;
and shall not be supplied in those circumstances without the authority of the Secretary of State. (5) This section does not limit the circumstances in which information may be supplied or used apart from this section. (6) In this section "the relevant Minister" means—
  1. (a) in relation to England, the Minister of Agriculture, Fisheries and Food; and
  2. (b) in relation to Wales, the Minister of the Crown with the function of appointing officers under section 12 of this Act in relation to Wales.".'.

No. 36, in page 38, line 49, at end insert— '(12) Where an order under this section fixes any particular minimum rate of wages by reference to two or more component rates, of which—

  1. (a) one is the principal component, and
  2. (b) the other or others are supplemental or additional components,
(as in a case where the minimum rate for night work is fixed as the sum of the minimum rate payable in respect of work other than night work and a supplemental or additional minimum rate in respect of working at night) the national minimum wage provisions of this section apply in relation to the principal component rate and not the supplemental or additional component rates. (13) The national minimum wage provisions of this section do not apply in relation to any minimum rate which is in the nature of an allowance payable in respect of some particular responsibility or circumstance (as in a case where a minimum rate is fixed in respect of being required to keep a dog). (14) The national minimum wage provisions of this section do not apply in relation to any minimum rate fixed under this section—
  1. (a) by virtue of subsection (2)(d) of this section, or
  2. (b) by virtue of section 67 of the Agriculture Act 1967 (sick pay),
unless and to the extent that regulations under section 2 of the National Minimum Wage Act 1998 make provision which has the effect that circumstances or periods in respect of which the minimum rate in question is required to be paid to a worker are treated as circumstances in which, or times at which, a person is to be regarded as working. (15) In this section "the national minimum wage provisions of this section" means subsections (2B), (2C) and (8) to (10) of this section.'.

No. 35, in page 39, line 40, at end insert— '(4) In section 104A of the Employment Rights Act 1996 (unfair dismissal: national minimum wage) in subsection (1)(c)—

  1. (a) any reference to a person qualifying for the national minimum wage includes a reference to a person being or becoming entitled to a minimum rate applicable under this Act; and
  2. (b) any reference to a person qualifying for a particular rate of national minimum wage includes a reference to a person being or becoming entitled to a particular minimum rate applicable under this Act.'.

No. 37, in page 40, line 40, at end insert—

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