Wages Act 1986

General saving for accrued rights and related provisions of 1979 Act

5 (1) The repeal of the 1979 Act by this Act shall not affect

(a) any right of a worker arising out of the payment to him of an amount of remuneration less than that fixed by any such order or permit under the 1979 Act as is mentioned in paragraph 4(1) and accruing before the commencement of Part II of this Act, or

(b) any liability of an employer or other person in respect of any offence under that Act committed before that commencement,

and, subject to sub-paragraph (3), the provisions of that Act relating to the enforcement of any such right or to any such offence shall continue to have effect as if this Act had not been passed.

(2) Where at any time after that commencement any order made under section 14 of the 1979 Act continues in force by virtue of section 24(2) of this Act, then, notwithstanding the repeal of that Act by this Act—

(a) that Act, and

(b) anything having effect under that Act in relation to the order,

shall (subject to sub-paragraph (3)) continue to have effect in relation to the order, as for the time being in force in accordance with section 24(4) and (5), as if that repeal had not come into force.

(3) Where the 1979 Act continues to have effect in accordance with sub-paragraph (1) or (2) it shall, in relation to any time after the commencement of Part II of this Act, have effect as if references to an officer acting for the purposes of Parts III and IV of that Act were references to an officer acting for the purposes of Part II of this Act.

(4) Nothing in section 24(5) of this Act, or in any order made under section 24(4), shall affect—

(a) any such right of a worker as is mentioned in sub-paragraph (1), or

(b) any right of a worker to any annual holidays or to any holiday remuneration in respect of those holidays,

which accrued before the commencement of section 24(5) or (as the case may be) before the commencement of any such order.