The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England and Wales) Order 2012

Statutory Instruments

2012 No. 3112

Employment And Training, England And Wales

The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England and Wales) Order 2012

Made

12th December 2012

Laid before Parliament

18th December 2012

Coming into force

9th January 2013

The Secretary of State for Business, Innovation and Skills makes the following Order in exercise of the powers conferred by section 265(1) and (2) of the Apprenticeships, Skills, Children and Learning Act 2009(1).

Citation and commencement

1.  This Order may be cited as the Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England and Wales) Order 2012 and comes into force on 9th January 2013.

Amendment of the National Minimum Wage Regulations 1999

2.  After regulation 13 of the National Minimum Wage Regulations 1999(2), insert:—

“Workers working under an apprenticeship agreement

13A.   For the purposes of these Regulations, the expression “a worker who is employed under a contract of apprenticeship” includes a worker who is working under an apprenticeship agreement (within the meaning of section 32 of the Apprenticeships, Skills, Children and Learning Act 2009).”.

Amendment of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002

3.—(1) The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002(3) are amended as follows.

(2) In regulation 20, after “apprenticeship” insert “or an apprenticeship agreement (within the meaning of section 32 of the Apprenticeships, Skills, Children and Learning Act 2009)”.

Matthew Hancock

Minister for Skills

Department for Business, Innovation and Skills

12th December 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the National Minimum Wage Regulations 1999 so that persons working under apprenticeship agreements, within the meaning of section 32 of the Apprenticeships, Skills, Children and Learning Act 2009, are entitled to the same national minimum wage rate as those employed under contracts of apprenticeship.

This Order also amends the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002, with the effect that those Regulations do not apply to apprenticeship agreements within the meaning of section 32 of the Apprenticeships, Skills, Children and Learning Act 2009.

An impact assessment has not been produced for this instrument as it contains only consequential amendments. The Explanatory Memorandum is published alongside the Order on www.legislation.gov.uk.

(1)

2009 c. 22.

(2)

S.I. 1999/584; relevant amending instruments are S.I. 2008/1894, S.I. 2010/1901, S.I. 2011/2345, S.I. 2011/2347 and S.I. 2012/2397.

(3)

S.I. 2002/2034; there are no relevant amending instruments.