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HMRC internal manual

National Minimum Wage Manual

From
HM Revenue & Customs
Updated
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Records, Evidence, Powers & Offences: Powers; powers of NMW Officers

Relevant legislation

The legislation that applies to this page is as follows:

* National Minimum Wage Act 1998, section 14

General

A NMW Officer is an officer acting for the purposes of the National Minimum Wage Act 1998 and has the following powers for the performance of their duties;

  • Section 14(1)(a): the power to require a relevant person (NMWM12220) to produce any records required to be kept for national minimum wage purposes.
  • Section 14(1)(b): the power to require a relevant person, either alone or in the presence of any other person as the Officer thinks fit, to explain the national minimum wage records.
  • Section 14(1)(c): the power to require a relevant person, either alone or in the presence of any other person as the Officer thinks fit, to provide any additional information, known to that person, that might reasonably be needed to establish either that national minimum wage has been paid or that a Notice of Underpayment has been complied with.
  • Section 14(1)(d): the power to enter any relevant premises (NMWM12230) at all reasonable times in order to inspect national minimum wage records held.
  • Section 14(3A): the power to take records away from the place where they are produced to copy them. Records must be returned to the employer as soon as reasonably practicable. Normally, this should be within seven days of removal.

No person shall be required under the above powers to answer any question or furnish any information which might incriminate them or, if married or a civil partner, the person’s spouse or civil partner.

A NMW Officer’s powers include, on reasonable written notice, to require a relevant person to:

  • produce any such records required under section 14(1)(a) to an officer at such time and place as may be specified in the notice; or
  • attend before an officer at such time and place as may be specified in the notice to furnish any such explanation or additional information required under sections 14(1)(b) and (c).

(This content has been withheld because of exemptions in the Freedom of Information Act 2000) NMWM12250(This content has been withheld because of exemptions in the Freedom of Information Act 2000)