In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say,—
“agriculture” includes dairy-farming, the production of any consumable produce which is grown for sale or for consumption or other use for the purposes of a trade or business or of any other undertaking (whether carried on for profit or not), and the use of land as grazing, meadow or pasture land or orchard or woodland or for market gardens or nursery grounds;
“consumable produce” means produce grown for consumption or for other use after severance from the land on which it is grown;
“employment” means employment under a contract of service or apprenticeship, and the expressions “employed” and “employer” shall be construed accordingly;
[F1“the national minimum wage” means the single hourly rate for the time being in force by virtue of regulations under section 1(3) of the National Minimum Wage Act 1998, but this definition is subject to subsection (1A) of this section;]
“prescribed” means prescribed by regulations made by the Secretary of State by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament;
“worker” includes a boy, woman and girl.
[F2(1A)If, in the case of persons of any description, regulations under subsection (2) of section 3 of the National Minimum Wage Act 1998—
(a)prevent them being persons who (within the meaning of that Act) qualify for the national minimum wage; or
(b)prescribe a rate (“the reduced rate”) for the national minimum wage other than the single hourly rate for the time being prescribed under section 1(3) of that Act,
this Act shall have effect in relation to persons of that description as if in a case falling within paragraph (a) above the national minimum wage were nil and in a case falling within paragraph (b) above the national minimum wage were the reduced rate.]
Textual Amendments
F1S. 17: By 1998 c. 39, ss. 47, 56(2), Sch. 2 Pt. II para. 19(2) (with s. 36); S.I. 1999/685, art. 2, Sch. (with art. 3) it is provided (1.4.1999) that the definition of “the national minimum wage” shall be inserted in the appropriate place in s. 17(1)
F2S. 17(1A) inserted (1.4.1999) by virtue of 1998 c. 39, ss. 47, 56(2), Sch. 2 Pt. II para. 19(3) (with s. 36); S.I. 1999/685, art. 2, Sch. (with art. 3)