Regulation 2 Amendment of the Statutory Sick Pay (General) Regulations 1982

Regulation 2 of the Statutory Sick Pay (General) Regulations 1982^f1 (persons deemed incapable of work) shall be amended as follows.

For paragraph (1)(b) substitute—

“(b)

he is—

(i)

excluded or abstains from work, or from work of such a kind, pursuant to a request or notice in writing lawfully made under an enactment; or

(ii)

otherwise prevented from working pursuant to an enactment,

by reason of his being a carrier, or having been in contact with a case, of a relevant disease.”.

After paragraph (2) add—

“(3)

For the purposes of paragraph (1)(b)—

• “enactment” includes an enactment comprised in, or in an instrument made under—

  1. (a)

     an Act; or

  2. (b)

     an Act of the Scottish Parliament; and

• “relevant disease” means—

  1. (a)

     in England and Wales, any disease, food poisoning, infection, infectious disease or notifiable disease—

     1. (i)

        to which section 20(1) of the Public Health (Control of Disease) Act 1984^f2 (stopping of work to prevent spread of disease) applies; or

     2. (ii)

        to which—

        1. (aa)

           regulation 3 (public health enactments applied to certain diseases) of, and Schedule 1 to,

        2. (bb)

           regulation 9(1) (provisions for preventing the spread of typhus and relapsing fever) of, and Schedule 3 to, or

        3. (cc)

           regulation 9(2) (provisions for preventing the spread of food poisoning and food borne infections) of, and Schedule 4 to,

        the Public Health (Infectious Diseases) Regulations 1988^f3 applies; or

     3. (iii)

        to which regulations 8 and 9 (examination, etc. of persons on aircraft and powers in respect of persons leaving aircraft) of the Public Health (Aircraft) Regulations 1979^f4 applies; or

     4. (iv)

        to which regulations 9 and 10 (examination, etc. of persons on ships and powers in respect of certain persons on ships) of the Public Health (Ships) Regulations 1979^f5 applies; and

  2. (b)

     in Scotland, any food poisoning or infectious disease—

     1. (i)

        to which section 71(1) of the Health Services and Public Health Act 1968^f6 (compensation for stopping employment to prevent spread of disease in Scotland) applies;

     2. (ii)

        to which—

        1. (aa)

           regulations 8 and 9 (examination, etc. of persons on aircraft and powers in respect of persons leaving aircraft) of the Public Health (Aircraft)(Scotland) Regulations 1971^f7; or

        2. (bb)

           regulations 9 and 10 (examination, etc. of persons on ships and powers in respect of certain persons on ships) of the Public Health (Ships)(Scotland) Regulations 1971^f8,

        applies.”.