Stephen Armstrong Posted March 6 Share Posted March 6 (edited) NATIONAL MINIMUM WAGE ACT 1986 PREAMBLE An Act to establish a minimum wage for workers in the United Kingdom. WHEREAS it is expedient to provide for the payment of a minimum wage to workers in order to secure a decent standard of living and to protect workers against exploitation; AND WHEREAS the government has a responsibility to ensure that all workers receive a fair wage for their labour; 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: SECTION 1. ESTABLISHMENT OF NATIONAL MINIMUM WAGE (1) A national minimum wage shall be established by the Secretary of State for workers in the United Kingdom by statutory instrument. Such instrument shall be subject to approval by the Houses of Parliament. (2) This minimum wage shall apply to all workers, including those who are employed on a full-time, part-time, or casual basis, except those who are self-employed or who are working under a contract for services. SECTION 2. ADMINISTRATION OF THE MINIMUM WAGE (1) The Secretary of State shall be responsible for the administration of this Act, including the enforcement of the minimum wage. (2) The Secretary of State may appoint such officers as are necessary for the administration of this Act, and shall have the power to delegate any of his functions under this Act to such officers. SECTION 3. ENFORCEMENT OF THE MINIMUM WAGE (1) Any worker who believes that he or she has not received the minimum wage as established by this Act may make a complaint to the Secretary of State, who shall have the power to investigate such complaints and to take such action as may be necessary to secure compliance with this Act. (2) Any employer who fails to pay the national minimum wage shall be guilty of an offence. (3) The financial penalty for the first offence shall be a fine not exceeding £1,000. (4) The financial penalty for a second offence shall be a fine not exceeding £2,500. (5) The financial penalty for a third and subsequent offences shall be a fine not exceeding £5,000. (6) In determining the financial penalty for a third or subsequent offence, the court shall take into account the ability of the business to pay the fine, as well as any other relevant factors. (7) For the purposes of this section, a second or subsequent offence shall be an offence committed within three years of the previous offence. SECTION 4. LOW PAY COMMISSION (1) There shall be a Low Pay Commission, which shall advise the Secretary of State on the level of the minimum wage. (2) The Low Pay Commission shall consist of not more than ten members appointed by the Secretary of State, who shall include representatives of employers, workers, and independent experts. (3) The Low Pay Commission shall be chaired by an independent expert appointed by the Secretary of State. (4) The Low Pay Commission shall have the power to call for evidence and to consult with such persons and bodies as it considers appropriate. (5) The Low Pay Commission shall make annual recommendations to the Secretary of State on the level of the minimum wage, taking into account the needs of workers and the economy as a whole. (6) The Secretary of State, after such consultation with the Low Pay Commission as may be reasonably practicable, may by order suspend the operation of this Act if he is satisfied that such suspension is required in the public interest by extreme economic circumstances. SECTION 5. SHORT TITLE, COMMENCEMENT AND EXTENT (1) This Act may be cited as the National Minimum Wage Act 1986. (2) This Act shall come into force on 1st April 1987. (3) This Act extends to England, Scotland, Wales, and Northern Ireland. Edited March 6 by Stephen Armstrong Quote Stephen Armstrong MP Chancellor of the Exchequer Member of Parliament for Tooting (1974-present) Labour Party Nikita Khrushchev: The difference between the Soviet Union and China is that I rose to power from the peasant class, whereas you came from the privileged Mandarin class. Zhou Enlai: True. But there is this similarity. Each of us is a traitor to his class. Link to comment Share on other sites More sharing options...
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