
1 

(1) This Order may be cited as the National Minimum Wage (Offshore Employment) Order 1999 and shall come into force on 1st May 1999.
(2) In this Order “the 1998 Act” means the National Minimum Wage Act 1998.
2 

(1) The provisions of the 1998 Act shall apply to offshore employment, as if the reference in section 1(2)(b) of the 1998 Act to an individual who “is working, or ordinarily works in the United Kingdom” included a reference to an individual who is working, or ordinarily works–
(a) in the territorial waters of the United Kingdom; or
(b) in the United Kingdom sector of the continental shelf.
(2) This Order shall have no application to employment in connection with a ship which is in the course of navigation or a ship which is engaged in dredging or fishing.
(3) In paragraph (2) “dredging” does not include the excavation of the sea-bed or its subsoil in the course of pipe laying.
(4) This Order applies to individuals whether or not they are British subjects, and to bodies corporate whether or not they are incorporated under the law of the United Kingdom, and applies even when the application may affect their activities outside the United Kingdom.
3 

(1) In this article, the expressions “the English area”, “the Scottish area” and “the Northern Irish area” have the same meanings respectively as in the Civil Jurisdiction (Offshore Activities) Order 1987.
(2) In England and Wales, the employment tribunals shall have jurisdiction to determine complaints or appeals arising (in connection with employment to which this Order applies) from acts or omissions taking place in the English area, as they would have if those acts or omissions had taken place in England and Wales.
(3) In Scotland, the employment tribunals shall have jurisdiction to determine complaints or appeals arising (in connection with employment to which this Order applies) from acts or omissions taking place in the Scottish area, as they would have if those acts or omissions had taken place in Scotland.
(4) In Northern Ireland, the industrial tribunals shall have jurisdiction to determine complaints or appeals arising (in connection with employment to which this Order applies) from acts or omissions taking place in the Northern Irish area, as they would have if those acts or omissions had taken place in Northern Ireland.
4 
Proceedings for any offence connected with employment to which this Order applies shall not be brought in England and Wales or Northern Ireland except by, or with the consent of, the Secretary of State.
5 

(1) Nothing in this Order applies to work done before 1st May 1999.
(2) The National Minimum Wage Regulations 1999 shall apply to employment to which this Order relates as if those Regulations had come into force on the day this Order comes into force.
A.K. Galloway
Clerk of the Privy Council
