http://www.legislation.gov.uk/uksi/2002/2821/regulation/5The Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations 2002Employment terms and conditionsEmployment regulationsAdoption rightsLegislationTERMS AND CONDITIONS OF EMPLOYMENTStatute Law Database2024-07-15Expert Participation2020-12-31 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. 51A person who is an employee or treated as an employee under regulation 3 and who—ain the week immediately preceding the 14th week before the expected week of the child’s birth was in employed earner’s employment with an employer in Great Britain; andbhad in any week within the period of 26 weeks immediately preceding that week been employed by the same employer in an EEA State,shall be treated for the purposes of section 171ZA of the Act (entitlement to statutory paternity pay (birth)) ... as having been employed in employed earner’s employment in those weeks in which the person was so employed in the EEA State.2A person who is an employee or treated as an employee under regulation 3 and who—ain the week in which the adopter is notified of being matched with the child for purposes of adoption was in employed earner’s employment with an employer in Great Britain; andbhad in any week within the period of 26 weeks immediately preceding that week been employed by the same employer in an EEA State,shall be treated for the purposes of section 171ZB of the Act (entitlement to statutory paternity pay (adoption)) ... as having been employed in employed earner’s employment in those weeks in which the person was so employed in the EEA State.Reg. 5 substituted (6.4.2010) by The Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations 2002 (Amendment) Regulations 2010 (S.I. 2010/151), regs. 1, 5Words in reg. 5 heading substituted (5.4.2015) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 13(4)(a) (with art. 35(1))Words in reg. 5(2) substituted (5.4.2015) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 13(4)(c)(i) (with art. 35(1))Words in reg. 5(2) omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 13(4)(c)(ii) (with art. 35(1))Words in reg. 5(1) substituted (5.4.2015) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 13(4)(b)(i) (with art. 35(1))Words in reg. 5(1) omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 13(4)(b)(ii) (with art. 35(1))Words in reg. 5(2) substituted (31.12.2020) by The Employment Rights (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/535), reg. 1(1), Sch. 1 para. 12(b)(ii) (with Sch. 1 para. 22); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 5(1) substituted (31.12.2020) by The Employment Rights (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/535), reg. 1(1), Sch. 1 para. 12(a)(ii) (with Sch. 1 para. 22); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 5(1)(b) substituted (31.12.2020) by The Employment Rights (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/535), reg. 1(1), Sch. 1 para. 12(a)(i) (with Sch. 1 para. 22); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 5(2)(b) substituted (31.12.2020) by The Employment Rights (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/535), reg. 1(1), Sch. 1 para. 12(b)(i) (with Sch. 1 para. 22); 2020 c. 1, Sch. 5 para. 1(1)