Terms And Conditions Of Employment Citation, commencement and interpretation 1 1 These Regulations may be cited as the National Minimum Wage Regulations 1999 (Amendment) Regulations 2008. 2 Regulations 1, 4 and 7 shall come into force on the day after the day on which these Regulations are made and the rest of these Regulations shall come into force on 1st October 2008. 3 In these Regulations the “ Principal Regulations ” means the National Minimum Wage Regulations 1999 . Amendments to the Principal Regulations 2 In regulation 2(1) of the Principal Regulations (general interpretative provisions), in the definition of “arrangements made by the Government”— a for “arrangements made by the Government” substitute “Government arrangements”; b in paragraph (b), after “Secretary of State” insert “or the Scottish Ministers”. 3 In regulation 11 of the Principal Regulations (the rate of the national minimum wage), for “£5.52” substitute “£5.73”. 4 1 The following amendments are made to regulation 12 of the Principal Regulations (workers who do not qualify for the national minimum wage). 2 For paragraph (6) substitute the following— 6 Paragraph (5) does not apply to a person who— a is a worker within the meaning given by section 54(3) of the Act, b is participating in a scheme falling within sub-paragraph (a) of paragraph (5), c is employed by the employer for whom he works under the scheme, and d is— i remunerated by the employer in respect of that employment, or ii entitled to remuneration from the employer under his contract with the employer, or iii participating in a trial period of work with a prospective employer under Government arrangements for a period in excess of six weeks. 6A For the purposes of paragraph (6)(d)(i) and (6)(d)(ii), remuneration does not include a payment by an employer to a person in respect of expenses— a actually incurred in the performance of that person’s duties, or b reasonably estimated as likely to be or to have been so incurred. 6B For the purposes of paragraph (6A), expenses which— a are incurred in order to enable the person to perform his duties, and b are reasonably so incurred, are to be regarded as actually incurred in the performance of his duties. . 3 In paragraph (7), for “three” substitute “six”. 5 In regulation 13 of the Principal Regulations (workers who qualify for the national minimum wage at a different rate)— a in paragraph (1) , for “£4.60” substitute “£4.77”; and b in paragraph (1A) , for “£3.40” substitute “£3.53”. 6 In regulation 36(1) of the Principal Regulations (amount permitted to be taken into account where living accommodation is provided), for “£4.30” substitute “£4.46”. Transitional Provision 7 The amendments to the Principal Regulations made by regulation 4 do not apply in relation to any work trial commencing before the day after the day on which these Regulations are made. Revocation Provision 8 The following provisions of the National Minimum Wage Regulations 1999 (Amendment) Regulations 2007 are revoked— a regulation 2; b regulation 4; c regulation 8. Pat McFadden Minister of State for Employment Relations and Postal Affairs Department for Business, Enterprise and Regulatory Reform 16th July 2008