The Statutory Maternity Pay (General) and Statutory Sick Pay (General) (Amendment) Regulations 2001

Statutory Instruments

2001 No. 206

TERMS AND CONDITIONS OF EMPLOYMENT

The Statutory Maternity Pay (General) and Statutory Sick Pay (General) (Amendment) Regulations 2001

Made

29th January 2001

Laid before Parliament

2nd February 2001

Coming into force

23rd February 2001

The Secretary of State for Social Security, in exercise of powers conferred by sections 5(1)(i), 113(1)(b), 130(1), (2), (4)(a) and (b), 132(1), (2), (3)(a) and (b), 189(1), (3) and (4) and 191 of the Social Security Administration Act 1992(1) and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals to make the Regulations should not be referred to it(2) and with the concurrence of the Commissioners of Inland Revenue in so far as these Regulations are made in exercise of powers requiring such concurrence(3), hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Statutory Maternity Pay (General) and Statutory Sick Pay (General) (Amendment) Regulations 2001 and shall come into force on 23rd February 2001.

Amendment of the Statutory Sick Pay (General) Regulations 1982

2.  In the Statutory Sick Pay (General) Regulations 1982(4) for regulation 22 (penalties) there shall be substituted the following regulation—

“Offences

22.   Any person who, without reasonable excuse, contravenes or fails to comply with any provision contained in regulation 9, 13, 14, 15 or 15A shall be guilty of an offence under the Social Security Administration Act 1992.”.

Amendment of the Statutory Maternity Pay (General) Regulations 1986

3.  In the Statutory Maternity Pay (General) Regulations 1986(5) for regulation 32 (penalties) there shall be substituted the following regulation—

“Offences

32.   Any person who, without reasonable excuse, contravenes or fails to comply with any provision contained in regulation 25, 25A, 26 or 29 shall be guilty of an offence under the Social Security Administration Act 1992.”.

Signed by authority of the Secretary of State for Social Security.

Hugh Bayley

Parliamentary Under-Secretary of State,

Department of Social Security

25th January 2001

The Commissioners of Inland Revenue hereby concur

Dave Hartnett

Tim Flesher

Two of the Commissioners of Inland Revenue

29th January 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide that any person who, without reasonable excuse, contravenes or fails to comply with certain provisions of the Statutory Sick Pay (General) Regulations 1982 and the Statutory Maternity Pay (General) Regulations 1986 is guilty of an offence. The penalty for such an offence is set out in section 113(3) of the Social Security Administration Act 1992.

These Regulations do not impose any costs on business.

(1)

1992 c. 5; section 113 was substituted by section 60 of the Social Security Act 1998 . 14) and subsection (1)(b) of that section was amended, and a new subsection (1A) was inserted, by paragraph 7 of Schedule 6 to the Child Support, Pensions and Social Security Act 2000 (c. 19); sections 189(1) and (4) were amended by Schedule 7 to the Social Security Act 1998; sections 130(4) and 132(3) were amended by Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) and section 189(1) was further amended by Schedule 3 to that Act. Section 191 is cited because of the meanings ascribed to the words “Inland Revenue” and “prescribe”.

(2)

See section 173(1)(b) of the Social Security Administration Act 1992.

(3)

See sections 130(4) and 132(3) of the Social Security Administration Act 1992.

(4)

S.I. 1982/894; relevant amending instruments are S.I. 1986/477 and 1992/247.

(5)

S.I. 1986/1960; relevant amending instruments are S.I. 1990/622, 1991/2284 and 1992/247.