National Minimum Wage Act 1998 (c. 39)

Agricultural workers U.K.

46 Relationship of this Act and agricultural wages legislation. U.K.

(1) A person who has been prosecuted for an offence which falls within paragraph (a) or (b) below, that is to say—

(a) an offence under any provision of this Act in its application for the purposes of the agricultural wages legislation, or

(b) an offence under any provision of this Act in its application otherwise than for the purposes of the agricultural wages legislation,

shall not also be liable to be prosecuted for an offence which falls within the other of those paragraphs but which is constituted by the same conduct or alleged conduct for which he was prosecuted.

(2) No amount shall be recoverable both—

(a) under or by virtue of this Act in its application for the purposes of the agricultural wages legislation, and

(b) under or by virtue of this Act in its application otherwise than for those purposes,

in respect of the same work.

(3) Nothing in the agricultural wages legislation, or in any order under that legislation, affects the operation of this Act in its application otherwise than for the purposes of that legislation.

(4) In this section “the agricultural wages legislation” means—

(a) [F1 the M1 Agricultural Wages Act 1948;]

(b) the M2 Agricultural Wages (Scotland) Act 1949; [F2 and]

(c) the Agricultural Wages (Regulation) (Northern Ireland) Order 1977 [F3 ; and

(d) the Agricultural Sector (Wales) Act 2014.]

Textual Amendments

F1 S. 46(4)(a) repealed (1.10.2013 for E.) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 20 para. 2; S.I. 2013/1455, art. 3(b), Sch. 2 (with art. 4(2)(4)) (as amended (7.9.2013) by S.I. 2013/2271, art. 2)

F2 Word in s. 46(4)(b) omitted (W.) (9.12.2015) by virtue of The Agricultural Sector (Wales) Act 2014 (Consequential Modification) Order 2015 (S.I. 2015/2001), arts. 1(1), 2(b)

F3 S. 46(4)(d) and word inserted (W.) (9.12.2015) by The Agricultural Sector (Wales) Act 2014 (Consequential Modification) Order 2015 (S.I. 2015/2001), arts. 1(1), 2(b)

Marginal Citations

M1 1948 c. 47.

M2 1949 c. 30.

47 Amendments relating to remuneration etc of agricultural workers. U.K.

(1) The following enactments, that is to say—

(a) [F4 the M3 Agricultural Wages Act 1948,]

(b) the M4 Agricultural Wages (Scotland) Act 1949, and

(c) the M5 Agricultural Wages (Regulation) (Northern Ireland) Order 1977,

shall be amended in accordance with Schedule 2 to this Act.

(2) The appropriate authority may by regulations amend—

(a) [F5 the M6 Agricultural Wages Act 1948;]

(b) the M7 Agricultural Wages (Scotland) Act 1949;

(c) section 67 of the M8 Agriculture Act 1967 (sick pay);

(d) [F6 section 46 of the M9 Agriculture (Miscellaneous Provisions) Act 1968 (further functions of agricultural wages committees); and]

(e) the M10 Agricultural Wages (Regulation) (Northern Ireland) Order 1977.

(3) The amendments that may be made under subsection (2) above are any amendments which are consequential on this Act or on regulations under section 1(4), 2 or 3 above.

(4) The appropriate authority may by regulations amend, or make provision in substitution for,—

(a) [F7 section 7 of the M11 Agricultural Wages Act 1948 (reckoning of benefits and advantages as payment of wages);]

(b) section 7 of the M12 Agricultural Wages (Scotland) Act 1949 [F8 (similar provision for Scotland)]; or

(c) Article 4(3) and (5) of the M13 Agricultural Wages (Regulation) (Northern Ireland) Order 1977.

(5) Subsection (1) above is without prejudice to subsections (2) to (4) above.

(6) In this section “the appropriate authority” means—

(a) [F9 in relation to England and Wales, the Secretary of State and the Minister of Agriculture, Fisheries and Food acting jointly;]

(b) in relation to Scotland, the Secretary of State;

(c) in relation to Northern Ireland, the Department of Agriculture for Northern Ireland.

Textual Amendments

F4 S. 47(1)(a) repealed (1.10.2013 for E.) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 20 para. 2; S.I. 2013/1455, art. 3(b), Sch. 2 (with art. 4(2)(4)) (as amended (7.9.2013) by S.I. 2013/2271, art. 2)

F5 S. 47(2)(a) repealed (1.10.2013 for E.) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 20 para. 2; S.I. 2013/1455, art. 3(b), Sch. 2 (with art. 4(2)(4)) (as amended (7.9.2013) by S.I. 2013/2271, art. 2)

F6 S. 47(2)(d) repealed (1.10.2013 for E.) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 20 para. 2; S.I. 2013/1455, art. 3(b), Sch. 2 (with art. 4(2)(4)) (as amended (7.9.2013) by S.I. 2013/2271, art. 2)

F7 S. 47(4)(a) repealed (1.10.2013 for E.) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 20 para. 2; S.I. 2013/1455, art. 3(b), Sch. 2 (with art. 4(2)(4)) (as amended (7.9.2013) by S.I. 2013/2271, art. 2)

F8 Words in s. 47(4)(b) repealed (1.10.2013 for E.) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 20 para. 2; S.I. 2013/1455, art. 3(b), Sch. 2 (with art. 4(2)(4)) (as amended (7.9.2013) by S.I. 2013/2271, art. 2)

F9 S. 47(6)(a) repealed (1.10.2013 for E.) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 20 para. 2; S.I. 2013/1455, art. 3(b), Sch. 2 (with art. 4(2)(4)) (as amended (7.9.2013) by S.I. 2013/2271, art. 2)

Modifications etc. (not altering text)

C1 S. 47: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Commencement Information

I1 S. 47 wholly in force at 1.4.1999; s. 47(2)(4) in force for certain purposes at Royal Assent see s. 56(2); s. 47 in force at 1.4.1999 insofar as not already in force by S.I. 1999/685, arts. 2, 3, Sch.

Marginal Citations

M3 1948 c. 47.

M4 1949 c. 30.

M5 S.I. 1977/2151 (N.I.22).

M6 1948 c. 47.

M7 1949 c. 30.

M8 1967 c. 22.

M9 1968 c. 34.

M10 S.I. 1977/2151 (N.I.22).

M11 1948 c. 47.

M12 1949 c. 30.

M13 S.I. 1977/2151 (N.I.22).