3

A person is to be treated for the purposes of paragraph (2)(b) as a worker who is employed under a contract of apprenticeship if, and only if, he is—

a

a worker within the meaning given by section 54(3) of the Act; and

b

engaged—

i

in England or Wales, under the Government arrangements known, at 1st October 2000, as National Traineeships, Modern Apprenticeships, Foundation Modern Apprenticeships or Advanced Modern Apprenticeships;

ii

in Scotland, under the Government arrangements known, at 1st October 2000, as Skillseekers or Modern Apprenticeships and the arrangements are for the purpose of gaining a Scottish Vocational Qualification at Level 2 or 3 or a National Vocational Qualification at Level 2 or 3; or

iii

in Northern Ireland, under the Government arrangements known, at 1st October 2000, as Jobskills Traineeships or Modern Apprenticeships.

8

A worker who is attending a higher education course, and before the course ends is required, as part of that course, to attend a period of work experience not exceeding one year, does not qualify for the national minimum wage in respect of work done for his employer as part of that course.