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National Minimum Wage (Enforcement Notices) Bill [HL]


 

National Minimum Wage (Enforcement Notices) Bill [HL]

 
 

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department of Trade and Industry, are

published separately as HL Bill 8—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

The Lord Sainsbury of Turville has made the following statement under section

19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the National Minimum Wage (Enforcement Notices) Bill

[HL] are compatible with the Convention rights.

 
HL Bill 853/2
 
 

National Minimum Wage (Enforcement Notices) Bill [HL]

    1

 

A

Bill

To

Make provision enabling an enforcement notice under section 19 of the

National Minimum Wage Act 1998 to impose a requirement under subsection

(2) of that section in relation to a person, whether or not a requirement under

subsection (1) of that section is, or may be, imposed in relation to that or any

other person.

 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

 1     Enforcement notices

In section 19 of the National Minimum Wage Act 1998 (c. 39) (power of officer

to issue enforcement notice) after subsection (2) (previous underpayments to

workers who qualify for the national minimum wage) insert—

           “(2A)              If an officer acting for the purposes of this Act is of the opinion that a

5

worker who has at any time qualified for the national minimum wage

has not been remunerated for any pay reference period (whether

ending before or after the coming into force of this subsection) by his

employer at a rate at least equal to the national minimum wage, the

officer may serve on the employer an enforcement notice which

10

imposes a requirement under subsection (2) above in relation to the

worker, whether or not a requirement under subsection (1) above is, or

may be, imposed in relation to that worker (or any other worker to

whom the notice relates).”

 2     Short title, commencement and extent

15

     (1)    This Act may be cited as the National Minimum Wage (Enforcement Notices)

Act 2003.

     (2)    This Act comes into force at the end of the period of two months beginning

with the day on which it is passed.

 
HL Bill 853/2
 
 

National Minimum Wage (Enforcement Notices) Bill [HL]

    2

 

     (3)    The amendment made by this Act has the same extent as the enactment

amended.

     (4)    This Act extends to Northern Ireland.

 

 

 
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Revised 22 November 2002