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PAYMENT OF WAGES ACT (NORTHERN IRELAND) 1970 - SECT 6

Supplementary provisions.

6.(1) Where in the case of any wages to which the Truck Act 1831 applies, a
payment of the wages or part thereof is made in circumstances falling within
section 1(1) or section 4(2) or (3) of this Act, section 4 of that Act (which
confers a right of recovery in respect of wages not actually paid in the
current coin of the realm) shall not confer any right of recovery in respect
of so much of those wages as has been paid in those circumstances, or as
represents a lawful deduction taken into account in calculating that payment.

(2) For the purposes of section 9 of the Truck Act 1831 (whereby it is an
offence to enter into any contract or make any payment thereby declared
illegal)

(a)no such request and agreement as are mentioned in section 1(1); and

(b)no payment falling within section 1(1)(b) or section 4(2) or (3),

(3) For the purposes of section 5 of the Hosiery Manufacture (Wages) Act 1874
(which precludes any action or set-off for any contract thereby declared
illegal), no such request and agreement as are mentioned in section 1(1) shall
be treated as a contract declared illegal by that Act.

(4) Subject to subsection (5), any amount paid or to be paid to a person in
any of the ways mentioned in section 1(3) (whether that person is an
employed person within the meaning of this Act or not) shall for the purposes
of section 13(1) of the Wages Councils Act (Northern Ireland) 1945 (which
relates to the computation of remuneration) be treated as an amount obtained
or to be obtained by him in cash, and the provisions of Part II of that Act as
to payment of remuneration shall be construed accordingly.

(5) Nothing in subsection (4) shall affect the rights of any person except in
so far as they are rights conferred by Part II of the Wages Councils Act
(Northern Ireland) 1945.

(6) The following provisions shall have effect with respect to payment by
post, that is to say,

(a)a request under section 1 for payment by cheque or by a document mentioned
in section 1(3)(e) shall not, unless the request expressly so provides, be
taken to imply that cheques or such documents in payment of the wages shall be
sent by post;

(b)a request under that section for payment by money order or postal order
shall, unless the request otherwise expressly provides, be taken to imply that
money orders or postal orders in payment of the wages shall be sent by post;

(c)in determining, for the purposes of that section, whether a payment is made
in the way specified in a request, it is immaterial whether the payment is or
is not sent by post;

(d)in the case of any payment sent by post, any requirement of this Act that a
statement relating thereto shall be given at or before the time when the
payment is made shall (if not complied with apart from this paragraph) be
treated as complied with if a statement containing the requisite particulars
is sent by post together with the payment.

(7) Subject to the preceding provisions of this section nothing in this Act

(a)shall render unlawful or invalid any agreement or payment which apart from
this Act is lawful and valid, or

(b)shall render lawful or valid any agreement or payment which, apart from
this Act, is unlawful or invalid otherwise than by virtue of any of
the specified enactments;

(8) Nothing in this Act shall operate so as to enable an employed person to be
required, by the terms or conditions of his employment or otherwise, to make
such a request as is mentioned in section 1, or to refrain from cancelling
such a request.

© 1970 Crown Copyright

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