The Statutory Paternity Pay and Statutory Adoption Pay (National Health Service Employees) Regulations 2002
Citation, commencement and interpretation1.
(1)
These Regulations may be cited as the Statutory Paternity Pay and Statutory Adoption Pay (National Health Service Employees) Regulations 2002 and shall come into force on 8th December 2002.
(2)
In these Regulations—
“the Act” means the Social Security Contributions and Benefits Act 1992;
“Health Authority” means, in relation to Wales, a Health Authority established under section 8 of the 1977 Act and in relation to Scotland means a Health Board established under section 2 of the 1978 Act;
“Primary Care Trust” means a Primary Care Trust established under section 16A of the 1977 Act;
“statutory adoption pay period” means the period prescribed under section 171ZN(2) of the Act as the period in respect of which statutory adoption pay is payable to a person;
“statutory paternity pay period” means the period determined in accordance with section 171ZE(2) of the Act as the period in respect of which statutory paternity pay is payable to a person;
“Strategic Health Authority” means a Strategic Health Authority established under section 8 of the 1977 Act.
Treatment of more than one contract of employment as one contract2.
Notification of election3.
A person who makes an election under regulation 2 above shall give written notification of that election to each of his employers under the two or more contracts of employment mentioned in that regulation at least 28 days before the beginning of the statutory paternity pay period or adoption pay period or, if in the particular circumstances that is not practicable, as soon as is reasonably practicable.
Provision of information4.
A person who makes an election under regulation 2 above shall, within 28 days of giving notification of that election or, if in the particular circumstances that is not practicable, as soon as is reasonably practicable thereafter, provide each of his employers under the two or more contracts of employment mentioned in that regulation with the following information—
(a)
the name and address of each of those employers;
(b)
the date his employment with each of those employers commenced, and
(c)
Treatment of two or more employers as one5.
The employer to be regarded for the purposes of statutory paternity pay or statutory adoption pay as the employer under the one contract where two or more contracts are treated as one in accordance with regulation 2 above shall be—
(a)
in the case of a person whose contract of employment is treated by a scheme under section 6 of the 1990 Act or section 12B of the 1978 Act as divided—
(i)
the Health Authority or Primary Care Trust from which the person was transferred in a case where any one of the contracts of employment is with that Health Authority or Primary Care Trust; or
(ii)
the first NHS trust to which a contract of employment was transferred in a case where none of the contracts of employment is with the Health Authority or Primary Care Trust; or
(b)
(i)
the Strategic Health Authority, NHS trust or Primary Care Trust from which the person was transferred, in a case where any one of the contracts of employment is with that body; or
(ii)
the first Primary Care Trust to which a contract of employment was transferred in a case where none of the contracts of employment is with the body from which he was transferred.
Time for which an election is to have effect6.
An election made under regulation 2 shall lapse at the end of the statutory paternity pay period or, as the case may be, the adoption pay period.
The Commissioners of Inland Revenue hereby concur.
This instrument contains only regulations made by virtue of sections 2 and 4 of the Employment Act 2002, which come into force on 8th December 2002. The instrument is made before the end of the period of 6 months beginning with the coming into force of those provisions. The regulations in it are therefore exempted by section 173(5)(b) of the Social Security Administration Act 1992 from the requirement under section 172 of that Act to refer the proposals to make the regulations to the Social Security Advisory Committee and they are made without reference to the Committee.
These Regulations, made under provisions inserted into the Social Security Contributions and Benefits Act 1992 (“the 1992 Act”) by sections 2 and 4 of the Employment Act 2002, make provision for certain cases where an employee of the National Health Service has two or more contracts of employment for that employee to elect, for the purposes of Part 12ZA of the 1992 Act (statutory paternity pay) and Part 12ZB of that Act (statutory adoption pay), to treat those contracts as one contract.
Regulation 2 provides for employees whose contract of employment has been divided into two or more contracts with different bodies, either as a consequence of the National Health Service and Community Care Act 1990 or the National Health Service (Scotland) Act 1978, or where this is provided for by a transfer of staff order under paragraph 23(1) of Schedule 5A to the National Health Service Act 1977, to elect to have those contracts treated as one contract for the purposes of entitlement to statutory paternity pay or statutory adoption pay.
Regulation 3 provides for the manner in which, and the time within which, such an election is to be made.
Regulation 4 makes provision for the information that is to be provided by a person to his employers.
Regulation 5 provides for one of a person’s employers under the two or more contracts to be regarded for the purposes of statutory paternity pay and statutory adoption pay as his employer under the one contract.
Regulation 6 provides for the time within which an election is to have effect.