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3.—(1) The provisions relating to paternity leave under regulation 4 below have effect only in relation to children–
(a)born on or after 6th April 2003, or
(b)whose expected week of birth begins on or after that date.
(2) The provisions relating to paternity leave under regulation 8 and adoption leave under regulation 15 below have effect only in relation to children–
(a)matched with a person who is notified of having been matched on or after 6th April 2003, or
(b)placed for adoption on or after that date.
(3) Regulation 28 (protection from detriment) has effect only in relation to an act or failure to act which takes place on or after 8th December 2002.
(4) For the purposes of paragraph (3)–
(a)where an act extends over a period, the reference to the date of the act is a reference to the last day of that period, and
(b)a failure to act is to be treated as done when it was decided on.
(5) For the purposes of paragraph (4), in the absence of evidence establishing the contrary an employer shall be taken to decide on a failure to act–
(a)when he does an act inconsistent with doing the failed act, or
(b)if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the failed act if it was to be done.
(6) Regulation 29 (unfair dismissal) has effect only in relation to dismissals where the effective date of termination (within the meaning of Article 129 of the 1996 Order) falls on or after 8th December 2002.
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