National Minimum Wage Act 1998

Information U.K.

15 Information obtained by officers. U.K.

(1) This section applies to any information obtained by an officer acting for the purposes of this Act, whether by virtue of paragraph (a) or paragraph (b) of section 13(1) above.

(2) Information to which this section applies vests in the Secretary of State.

(3) Information to which this section applies may be used for any purpose relating to this Act by—

(a) the Secretary of State; or

(b) any relevant authority whose officer obtained the information.

(4) Information to which this section applies—

(a) may be supplied by, or with the authorisation of, the Secretary of State to any relevant authority for any purpose relating to this Act; and

(b) may be used by the recipient for any purpose relating to this Act.

(5) Information supplied under subsection (4) above—

(a) shall not be supplied by the recipient to any other person or body unless it is supplied for the purposes of any civil or criminal proceedings relating to this Act; and

(b) shall not be supplied in those circumstances without the authorisation of the Secretary of State.

[F1 (5A) Information to which this section applies—

(a) may be supplied by, or with the authorisation of, the Secretary of State to an officer acting for the purposes of the Employment Agencies Act 1973 for any purpose relating to that Act; and

(b) may be used by an officer acting for the purposes of that Act for any purpose relating to that Act.]

[F2 (6) This section—

(a) does not limit the circumstances in which information may be supplied or used apart from this section; and

(b) is subject to section 148 of the Finance Act 2000 (use of minimum wage information).]

[F3 (6A) Nothing in this section prevents a disclosure in accordance with section 16A below.]

(7) Subsection (2) above does not affect the title or rights of—

(a) any person whose property the information was immediately before it was obtained as mentioned in subsection (1) above; or

(b) any person claiming title or rights through or under such a person otherwise than by virtue of any power conferred by or under this Act.

(8) In this section “relevant authority” means any Minister of the Crown who, or government department or other body which, is party to arrangements made with the Secretary of State which are in force under section 13(1)(b) above.

Textual Amendments

F1 S. 15(5A) inserted (6.4.2009) by Employment Act 2008 (c. 24), ss. 18(1), 22(1)(f); S.I. 2009/603, art. 2 (with art. 3, Sch.)

F2 S. 15(6) substituted (28.7.2000) by 2000 c. 17, s. 148(4)

F3 S. 15(6A) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), s. 59(3), Sch. 1 para. 40; S.I. 2005/872, art. 4, Sch.

16 Information obtained by agricultural wages officers. U.K.

(1) This section applies to information which has been obtained by an officer acting for the purposes of any of the agricultural wages legislation.

(2) Information to which this section applies may, with the authorisation of the relevant authority, be supplied to the Secretary of State for use for any purpose relating to this Act.

(3) Information supplied under subsection (2) above may be supplied by the recipient to any Minister of the Crown, government department or other body if—

(a) arrangements made between the recipient and that Minister, department or body under section 13(1)(b) above are in force; and

(b) the information is supplied for any purpose relating to this Act.

(4) Except as provided by subsection (3) above, information supplied under subsection (2) or (3) above—

(a) shall not be supplied by the recipient to any other person or body unless it is supplied for the purposes of any civil or criminal proceedings relating to this Act; and

(b) shall not be supplied in those circumstances without the authorisation of the relevant authority.

(5) This section does not limit the circumstances in which information may be supplied or used apart from this section.

[F4 (5A) Nothing in this section prevents a disclosure in accordance with section 16A below.]

(6) In this section—

• “the agricultural wages legislation” means—

  (a)

  the M1 Agricultural Wages Act 1948;

  (b)

  the M2 Agricultural Wages (Scotland) Act 1949; and

  (c)

  the M3 Agricultural Wages (Regulation) (Northern Ireland) Order 1977;

• “relevant authority” means—

  (a)

  in relation to information obtained by an officer acting in England, the Minister of Agriculture, Fisheries and Food;

  (b)

  in relation to information obtained by an officer acting in Wales, the Minister of the Crown with the function of appointing officers under section 12 of the M4 Agricultural Wages Act 1948 in relation to Wales;

  (c)

  in relation to information obtained by an officer acting in an area which is partly in England and partly in Wales, the Ministers mentioned in paragraphs (a) and (b) above acting jointly;

  (d)

  in relation to information obtained by an officer acting in Scotland, the Minister of the Crown with the function of appointing officers under section 12 of the M5 Agricultural Wages (Scotland) Act 1949; and

  (e)

  in relation to information obtained by an officer acting in Northern Ireland, the Department of Agriculture for Northern Ireland.

Textual Amendments

F4 S. 16(5A) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), s. 59(3), Sch. 1 para. 41; S.I. 2005/872, art. 4, Sch.

Modifications etc. (not altering text)

C1 S. 16: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2 Sch. 1

Marginal Citations

M1 1948 c. 47.

M2 1949 c. 30.

M3 S.I. 1977/2151 (N.I.22).

M4 1948 c. 47.

M5 1949 c. 30.

[F5 16A Disclosure of information by officers U.K.

(1) Subsection (2) applies to information obtained for the purposes of the relevant legislation by an enforcement officer so far as that information relates to an identifiable worker or agency worker.

(2) In order to enable or assist him to act for the purposes of the relevant legislation, the enforcement officer may disclose all or any of the information to the worker or, as the case may be, agency worker concerned.

(3) Subsection (4) applies to information obtained for the purposes of the relevant legislation by an enforcement officer so far as that information relates to an identifiable employer or person who is the agent or the principal for the purposes of section 34 below.

(4) In order to enable or assist him to act for the purposes of the relevant legislation, the officer may disclose all or any of the information to the employer, the agent or, as the case may be, the principal concerned.

(5) In this section—

• “agency worker” shall be construed in accordance with section 34 below;

• “enforcement officer” means—

  (a)

  an officer acting for the purposes of this Act, whether by virtue of paragraph (a) or (b) of section 13(1) above;

  (b)

  an officer acting for the purposes of the Agricultural Wages Act 1948; or

  (c)

  an officer acting for the purposes of the Agricultural Wages (Regulation) (Northern Ireland) Order 1977;

• “the relevant legislation” means—

  (a)

  in relation to an enforcement officer acting for the purposes of this Act, this Act;

  (b)

  in relation to an enforcement officer acting for the purposes of the Agricultural Wages Act 1948, that Act; and

  (c)

  in relation to an enforcement officer acting for the purposes of the Agricultural Wages (Regulation) (Northern Ireland) Order 1977, that Order.]

Textual Amendments

F5 S. 16A inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 44, 59(3); S.I. 2005/872, art. 4, Sch. (with art. 14)