- Scottish Statutory Instrument 2004 No. 384
The Agricultural Wages (Permits to Infirm and Incapacitated Persons) (Repeals) (Scotland) Regulations 2004
© Crown Copyright 2004
Scottish Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Scottish Statutory Instruments does not extend to the Queen's Printer for Scotland imprints which should be removed from any copies of the Scottish Statutory Instrument which are issued or made available to the public. This includes reproduction of the Scottish Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Scottish Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Agricultural Wages (Permits to Infirm and Incapacitated Persons) (Repeals) (Scotland) Regulations 2004, ISBN 0110692306. The print version may be purchased by clicking here. Braille copies of this Scottish Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| Made | 7th September 2004 | ||
| Laid before the Scottish Parliament | 9th September 2004 | ||
| Coming into force | 1st October 2004 |
The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[1] and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation, commencement and extent
1. - (1) These Regulations may be cited as the Agricultural Wages (Permits to Infirm and Incapacitated Persons) (Repeals) (Scotland) Regulations 2004 and shall come into force on 1st October 2004.
(2) These Regulations extend to Scotland only.
Permits under section 5 of Agricultural Wages (Scotland) Act 1949
2. - (1) Section 5 of the Agricultural Wages (Scotland) Act 1949[2] is hereby repealed.
(2) Every permit granted or having effect as if granted under section 5 of the Agricultural Wages (Scotland) Act 1949 and which was in force immediately before 1st October 2004 shall cease to have effect from that date.
Repeals
3. The enactments specified in the first column of the Schedule to these Regulations are repealed to the extent specified in the third column of the Schedule.
ROSS FINNIE
A member of the Scottish Executive
St Andrew's House, Edinburgh
7th September 2004
| (1) | (2) | (3) |
| Legislation repealed | References | Extent of repeal |
| Agriculture (Miscellaneous Provisions) Act 1972 | 1972 c.62 | Schedule 5, insofar as it relates to section 5 of the Agricultural Wages (Scotland) Act 1949. |
| Employment Protection Act 1975 | 1975 c.71 | Paragraph 2 of Part II of Schedule 10. |
| National Minimum Wage Act 1998 | 1998 c.39 | Paragraph 15 of Schedule 2. |
(This note is not part of the Regulations)
These Regulations come into force on 1st October 2004 and implement provisions of Council Directive 2000/78/EC of 27th November 2000 establishing a general framework for equal treatment in employment and occupation (O.J. No. L 303, 2.12.2000, p.16) in so far as it relates to disability discrimination in the payment of agricultural wages.
These Regulations repeal section 5 of the Agricultural Wages (Scotland) Act 1949 (c.30). Section 5 provides for the grant of permits exempting an agricultural employer from the requirement to pay an infirm or incapacitated worker the full statutory minimum wage set by the Agricultural Wages (Scotland) Orders. These Regulations provide that any permit granted or having effect as if granted under section 5 of the 1949 Act ceases to have effect from 1st October 2004 (regulation 2). The provisions contained in the Schedule to the Regulations are repealed (regulation 3).
No Regulatory Impact Assessment has been prepared for these Regulations as they have no impact on the costs of business.
Notes:
[1] 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back
[2] 1949 c. 30. Section 5 was amended by the Agriculture (Miscellaneous Provisions) Act 1972 (c.62), Schedule 5; the Employment Protection Act 1975 (c.71), Schedule 10, Part II, paragraph 2; and the National Minimum Wage Act 1998 (c.39), Schedule 2, paragraph 15.back
ISBN 0 11069230 6