4.—(1) For paragraph (3) of regulation 12 of the principal regulations (workers who do not qualify for the national minimum wage) substitute—
“(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.”.
(2) In the first line of paragraph (6) of regulation 12 of the principal regulations, for “worker who” substitute “person who is a worker within the meaning given by section 54(3) of the Act and”.
(3) For paragraph (8) of regulation 12 of the principal regulations substitute—
“(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.”.