Explanatory note

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.