{
  "url": "https://openlegislation.uk/statutory-paternity-pay-adoption-and-statutory-adoption-pay-adoptions-from-overseaspersons-abroad-and-mariners-regulations-2003/note",
  "json_url": "https://openlegislation.uk/statutory-paternity-pay-adoption-and-statutory-adoption-pay-adoptions-from-overseaspersons-abroad-and-mariners-regulations-2003/note.json",
  "legislation": "uksi/2003/1193",
  "legislation_title": "The Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas)(Persons Abroad and Mariners) Regulations 2003",
  "legislation_url": "https://openlegislation.uk/statutory-paternity-pay-adoption-and-statutory-adoption-pay-adoptions-from-overseaspersons-abroad-and-mariners-regulations-2003",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThis instrument contains only regulations made by virtue of sections 2 and 4 of the Employment Act 2002, which came 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.\nThese Regulations modify the application of the Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations 2002 in their application to adoptions from overseas. The 2002 Regulations provide for entitlement to statutory paternity pay (adoption) and statutory adoption pay to be conditional upon employment with an employer in Great Britain in the week in which the adopter is notified of being matched with a child for the purposes of adoption. The amendments take account of the fact that there is no “matching” in the case of adoptions from overseas; accordingly they substitute a reference to the adopter’s receipt of an official notification or the completion of 26 weeks' of continuous employment with the employer whichever is the later.\nAn official notification is defined as a written notification, issued by or on behalf of the relevant domestic authority, that the authority is either prepared to issue a certificate to the overseas authority concerned with the adoption of the child, or has issued a certificate and sent it to that authority, confirming, in either case, that the adopter is eligible to adopt and has been assessed and approved as being a suitable adoptive parent. The relevant domestic authority is generally the Secretary of State but, if the adopter is habitually resident in Wales or Scotland, the authority may be the National Assembly for Wales or the Scottish Ministers.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2003/1193/note",
    "retrieved_at": "2026-10-29T06:24:54.677479+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}