Regulation 46 Persons unable to actC1

(1)

Where in the case of any person—

(a)

statutory paternity pay or, as the case may be, statutory adoption pay is payable to him or he is alleged to be entitled to it;

(b)

he is unable for the time being to act; and

(c)

either—

(i)

no receiver has been appointed by the Court of Protection with power to receive statutory paternity pay or, as the case may be, statutory adoption pay on his behalf, or

(ii)

in Scotland, his estate is not being administered by any tutor, curator or other guardian acting or appointed in terms of law,

the Board may, upon written application to them by a person who, if a natural person, is over the age of 18, appoint that person to exercise, on behalf of the person unable to act, any right to which he may be entitled under Part 12ZA or, as the case may be, Part 12ZB of the Act and to deal on his behalf with any sums payable to him.

(2)

Where the Board have made an appointment under paragraph (1)—

(a)

they may at any time in their absolute discretion revoke it;

(b)

the person appointed may resign his office after having given one month’s notice in writing to the Board of his intention to do so; and

(c)

the appointment shall terminate when the Board are notified that a receiver or other person to whom paragraph (1)(c) applies has been appointed.

(3)

Anything required by Part 12ZA or 12ZB of the Act to be done by or to any person who is unable to act may be done by or to the person appointed under this regulation to act on his behalf, and the receipt of the person so appointed shall be a good discharge to the person’s employer or former employer for any sum paid.

Annotations

Modifications

C1: Regs. 41-47 applied (30.5.2003) by The Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) (No. 2) Regulation 2003 (S.I. 2003/1194), regs. 1, 3(1)–(3)

Notes on the whole SI

Textual amendments

F1: Regulations amendment to earlier affecting provisions S.I. 2014/2934, regs. 11, 14 (26.8.2024) by The Statutory Paternity Pay and Statutory Adoption Pay (Parental Orders and Prospective Adopters) (Amendment) Regulations 2024 (S.I. 2024/843), regs. 1(2), 4, 5