2010 No. 152**
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This instrument contains only regulations consequential upon sections 6 to 10 of the Work and Families Act 2006 (c. 18), which came into force on 6th April 2010. The instrument is made before the end of the period of six months beginning with the coming into force of those provisions. The regulations in it are therefore exempt, by virtue of section 173(5)(b) of the Social Security Administration Act 1992 (c. 5), from the requirement under section 172 of that Act to refer the same to the Social Security Advisory Committee. They are therefore made without reference to that committee.

These Regulations, made under a provision inserted into the Social Security Contributions and Benefits Act 1992 (“the 1992 Act”) by section 2 of the Employment Act 2002 (c. 22), allow certain employees of the National Health Service with two or more contracts of employment to elect, for the purposes of the additional statutory paternity pay provisions of Part 12ZA of the 1992 Act, 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, as a consequence of the National Health Service Act 2006 (c. 18) or the National Health Service (Wales) Act 2006 (c. 42), to elect to have those contracts treated as one contract for the purposes of entitlement to additional statutory paternity pay. Additionally, regulation 2 allows this where employees’ contracts of employment have been so divided because of a staff order under paragraph 26(1) of Schedule 3 to the National Health Service Act 2006.

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 an employee making such an election is to provide to his or her employers.

Regulation 5 provides for one of a person’s employers under the two or more contracts to be regarded for the purposes of additional statutory paternity pay as his or her employer under the one contract.

Regulation 6 provides for the time within which an election is to have effect.

Made: 28th January 2010
Laid before Parliament: 1st February 2010
Coming into force: 6th April 2010