Statutory Instruments
TERMS AND CONDITIONS OF EMPLOYMENT
Made
11th March 1986
Laid before Parliament
14th March 1986
Coming into Operation
6th April 1986
The Secretary of State for Social Services, in exercise of the powers conferred upon him by section 32(6) of the Social Security Act 1985, and of all other powers enabling him in that behalf, by this instrument, which contains regulations which the Secretary of State considers it necessary or expedient to make in connection with the coming into force of a relevant provision of the aforesaid Act of 1985, namely section 18, and which are made before the expiry of 6 months commencing with the coming into force of that section, makes the following regulations:-
1.-(1) These regulations may be cited as the Statutory Sick Pay (General) Amendment (Transitional) Regulations 1986 and shall come into operation on 6th April 1986.
(2) In these regulations, "the amending regulations" means
2. Regulation 2 of the amending regulations (linking periods of incapacity for work) shall be disregarded for the purpose of determining whether 2 periods of incapacity for work shall be treated as a single period of incapacity for work if one of those periods ended before 6th April 1986.
3. Regulation 7 of the amending regulations (statements relating to the payment of statutory sick pay) shall be disregarded in so far as it requires the provision of information in relation to-
(a)any period of entitlement which ended before 6th April 1986, and
(b)any days of incapacity for work-
(i)which fall within a period of incapacity for work, and
(ii)are followed by a day or days on which the employee is capable of work under his contract of service, and
(iii)one or more of the days on which the employee is capable of work falls before 6th April 1986.
Signed by authority of the Secretary of State for Social Services.
Tony Newton
Minister of State
Department of Health and Social Security
11th March 1986
These Regulations are made in connection with the coming into force of section 18 of the Social Security Act 1985 and the Statutory Sick Pay (General) Amendment Regulations 1986 which are made thereunder. The Regulations are made under section 32(6) of that Act before the expiry of 6 months beginning with the commencement of that section (6th April 1986). Accordingly they are exempted by section 27(1)(c) and (6) of the 1985 Act from the requirement under section 10(1) of the Social Security Act 1980 to refer proposals to the Social Security Advisory Committee and are made without reference to that Committee.
Regulation 1 relates to citation, commencement and interpretation.
Regulation 2 provides that regulation 2 of the Statutory Sick Pay (General) Amendment Regulations 1986, which provide for periods of incapacity for work separated by not more than 8 weeks to be treated as a single period of incapacity for work, is to be disregarded where one of the periods of incapacity for work ended before 6th April 1986.
Regulation 3 provides that regulation 7 of the Statutory Sick Pay (General) Amendment Regulations 1986, which provides that statements showing when an employee whose employment is about to end or had ended is or was entitled to statutory sick pay, is to be disregarded in respect of any period of entitlement which ended before 6th April 1986 or any days of incapacity (within a period of incapacity) which are followed by days on which the employee is capable of work and one at least of which falls before 6th April 1986.