The Agricultural Wages (Permits to Infirm and Incapacitated Persons) (Repeals) (Scotland) Regulations 2004

Scottish Statutory Instruments

2004 No. 384

TERMS AND CONDITIONS OF EMPLOYMENT

The Agricultural Wages (Permits to Infirm and Incapacitated Persons) (Repeals) (Scotland) Regulations 2004

Made

7th September 2004

Laid before the Scottish Parliament

9th September 2004

Coming into force

1st October 2004

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Agricultural Wages (Permits to Infirm and Incapacitated Persons) (Repeals) (Scotland) Regulations 2004 and shall come into force on 1st October 2004.

(2) These Regulations extend to Scotland only.

Permits under section 5 of Agricultural Wages (Scotland) Act 1949

2.—(1) Section 5 of the Agricultural Wages (Scotland) Act 1949(2) is hereby repealed.

(2) Every permit granted or having effect as if granted under section 5 of the Agricultural Wages (Scotland) Act 1949 and which was in force immediately before 1st October 2004 shall cease to have effect from that date.

Repeals

3.  The enactments specified in the first column of the Schedule to these Regulations are repealed to the extent specified in the third column of the Schedule.

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House, Edinburgh

7th September 2004

Regulation 3

SCHEDULE Repeals

(1)	(2)	(3)
Legislation repealed	References	Extent of repeal
Agriculture (Miscellaneous Provisions) Act 1972	1972 c. 62	Schedule 5, insofar as it relates to section 5 of the Agricultural Wages (Scotland) Act 1949.
Employment Protection Act 1975	1975 c. 71	Paragraph 2 of Part II of Schedule 10.
National Minimum Wage Act 1998	1998 c. 39	Paragraph 15 of Schedule 2.

Explanatory Note

(This note is not part of the Regulations)

These Regulations come into force on 1st October 2004 and implement provisions of Council Directive 2000/78/EC of 27th November 2000 establishing a general framework for equal treatment in employment and occupation (O.J. No. L 303, 2.12.2000, p.16) in so far as it relates to disability discrimination in the payment of agricultural wages.

These Regulations repeal section 5 of the Agricultural Wages (Scotland) Act 1949 (c. 30). Section 5 provides for the grant of permits exempting an agricultural employer from the requirement to pay an infirm or incapacitated worker the full statutory minimum wage set by the Agricultural Wages (Scotland) Orders. These Regulations provide that any permit granted or having effect as if granted under section 5 of the 1949 Act ceases to have effect from 1st October 2004 (regulation 2). The provisions contained in the Schedule to the Regulations are repealed (regulation 3).

No Regulatory Impact Assessment has been prepared for these Regulations as they have no impact on the costs of business.

(1)

1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

(2)

1949 c. 30. Section 5 was amended by the Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), Schedule 5; the Employment Protection Act 1975 (c. 71), Schedule 10, Part II, paragraph 2; and the National Minimum Wage Act 1998 (c. 39), Schedule 2, paragraph 15.