The Agricultural Wages (Scotland) Order (No. 72) 2025

Part 6- Benefits

Scope of provision

20.—(1) Only the benefits specified in this Part may be reckoned as payment of wages in lieu of payment in cash for the purpose of establishing whether a worker has been paid the minimum rate of wages applicable to them in accordance with this Order.

(2) Only the value specified in this Part in relation to such a benefit may be reckoned for the purpose mentioned in paragraph (1) above.

(3) Where the value of a benefit is expressed as a weekly amount, it may be applied to the wages of the worker for the week in respect of which the benefit was enjoyed or, where the wages for that week are insufficient to meet all or any part of that value, may be applied in whole or in part in any subsequent week.

Benefits

21.—(1) Subject to paragraph (2) below

(a) the provision without charge by an employer to a worker of a house shall be a benefit for the purposes of this Part and the value of that provision shall be £1 per week.

(b) any deduction an employer makes from a worker’s wage in respect of accommodation other than a house shall not exceed £10.66 for each day in the week for which living accommodation is provided.

(2) Where a local authority is satisfied that accommodation of a kind specified in paragraph (1) above is unfit for human habitation and a notice has been served in terms of sections 108(1), or an order made under section 114 or 115, of the Housing (Scotland) Act 1987^[8], or a notice served in terms of section 30 of the Housing (Scotland) Act 2006^[9] in respect of that accommodation, the benefit of its provision shall have no value for the purposes of this Part from the date on which such a notice is served or order made until the date on which the house has been rendered fit for human habitation to the satisfaction of the local authority.