Amendments to the National Minimum Wage Regulations 19992

1

The National Minimum Wage Regulations 19993 are amended as follows.

2

In regulation 12 (workers who do not qualify for the national minimum wage)—

a

after paragraph (7) insert—

7A

A worker does not qualify for the national minimum wage for work done as part of that worker’s participation in a traineeship in England to which paragraph (7B) applies.

7B

This paragraph applies to a traineeship consisting of a skills programme which meets the following conditions—

a

the programme includes a work experience placement and work preparation training;

b

the programme lasts no more than six months;

c

the programme is funded in whole or in part by the Secretary of State under section 14 of the Education Act 20024 or by the Chief Executive of Skills Funding5; and

d

the programme is open only to persons aged on the first day of the traineeship—

i

at least 16 years but under the age of 25 years; or

ii

at least 16 years but under the age of 26 years in the case of persons subject to learning difficulty assessment within the meaning of section 13(4) and (5) of the Education Act 19966