Made | 18th November 2002 |
Commencement
2.
- (1) The provisions of the Act specified in Part 1 of Schedule 1 to this Order shall come into force on 24th November 2002.
(2) The provisions of the Act specified in Part 2 of Schedule 1 to the Order shall come into force on 8th December 2002.
(3) The provisions of the Act specified in Part 3 of Schedule 1 to this Order shall come into force on 6th April 2003.
(4) Section 54 of, and Schedule 8 to, the Act, to the extent that they repeal the provisions specified in Part 1 of Schedule 2 to this Order, shall come into force on 24th November 2002.
(5) Section 54 of, and Schedule 8 to, the Act, to the extent that they repeal the provisions specified in Part 2 of Schedule 2 to this Order and revoke the provision specified in Part 3 of that Schedule, shall come into force on 6th April 2003.
Transitional and saving provisions
3.
The transitional and saving provisions in Schedule 3 to this Order shall have effect.
Alan Johnson,
Minister of State for Employment Relations, Industry and the Regions, Department of Trade and Industry
18th November 2002
Provisions | Subject Matter of Provisions |
Section 17. | Rights during and after maternity leave. |
Section 18. | Maternity pay period. |
Section 20. | Entitlement to statutory maternity pay. |
Section 48(1)(b) and (2). | Rate of maternity allowance. |
Section 53 so far as relating to the paragraphs of Schedule 7 specified below. | Minor and consequential amendments. |
In Schedule 7 -
(ii) paragraph 28, and paragraph 24 so far as it relates to that paragraph; (iii) paragraphs 52 and 53. |
Provisions | Subject Matter of Provisions |
Chapter 1 of Part 1 of the Act. | Paternity and Adoption. |
Schedule 1 to the Act. | Penalties: procedure and appeals. |
Section 53 so far as relating to the paragraphs of Schedule 7 specified below. | Minor and consequential amendments. |
In Schedule 7 -
(ii) paragraphs 3 and 7, and paragraph 2 so far as relating to those paragraphs; (iii) paragraphs 11 and 13, and paragraph 8 so far as relating to those paragraphs; (iv) paragraphs 25, 26, 29 to 31, 33, 35, 48, 49 except so far as it refers to section 80G of the Employment Rights Act 1996, and paragraph 24 so far as relating to those paragraphs. |
Provisions | Subject Matter of Provisions |
Section 19. | Rate of statutory maternity pay. |
Section 21. | Funding of employers' liabilities: statutory maternity pay. |
Section 41. | Power to confer rights on individuals: amendment. |
Section 42. | Equal Pay: questionnaires. |
Section 47. | Flexible Working. |
Section 48(1)(a) and (c) | Rate of maternity allowance. |
Section 53 so far as relating to the paragraphs of Schedule 7 specified below. | Minor and consequential amendments. |
In Schedule 7 -
(ii) paragraph 14, and paragraph 8 so far as relating to that paragraph; (iii) paragraph 22, and paragraph 18 so far as relating to that paragraph; (iv) paragraphs 23(2)(b) and (c), and paragraph 23(1) so far as relating to those paragraphs; (v) paragraphs 27, 41 to 45, 47(1) and (2), and 49 so far as it relates to section 80G of the Employment Rights Act 1996, and paragraph 24 so far as relating to those paragraphs; (vi) paragraph 54. |
Short Title and Chapter | Extent of repeal |
Social Security Contributions and Benefits Act 1992 (c.4). | In section 164(2)(a), the words ", wholly or partly because of pregnancy or confinement". |
Social Security Administration Act 1992 (c.5) | In section 2B(9), the words from "the following" to the first "and". |
Short Title and Chapter | Extent of repeal |
Employment Tribunals Act 1996 (c.17). | In section 19, paragraph (c) and the word "and" immediately before it. |
Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2). | In Schedule 1, paragraph 13. |
Welfare Reform and Pensions Act 1999 (c.30) | Section 53(2)(b). |
Title and reference | Extent of revocation |
Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671). | In Schedule 1, paragraph 15. |
2.
Part 12ZB of the 1992 Act, inserted by section 4 of the Act (statutory adoption pay), shall have effect only in relation to a person with whom a child is, or is expected to be placed for adoption on or after 6th April 2003.
3.
The amendments to Chapter 1 of Part 8 of the Employment Rights Act 1996[3] (maternity leave) made by section 17 of the Act (rights during and after maternity leave) shall have effect only in relation to employees whose expected week of childbirth begins on or after 6th April 2003.
4.
The amendments to the 1992 Act made by sections 18, 20, 48(1)(b) and (2) and the first repeal specified in Part 1 of Schedule 2 to this Order, shall take effect only in relation to those women whose expected week of confinement commences on or after 6th April 2003.
5.
The amendment to section 166 of the 1992 Act made by section 19 of the Act (rate of statutory maternity pay) shall not have effect in relation to a woman -
6.
The amendment made to section 35A of the 1992 Act made by section 48(1)(a) of the Act (rate of maternity allowance) shall not have effect in relation to a woman -
7.
- (1) Section 47D of the Employment Rights Act 1996, inserted by section 47 of the Act (flexible working), shall have effect only in relation to an act or failure to act which takes place on or after 6th April 2003.
(2) For the purposes of sub-paragraph (1) -
(3) For the purposes of sub-paragraph (2), in the absence of evidence establishing the contrary an employer shall be taken to decide on a failure to act -
The following provisions of the Act have been brought into force by commencement order made before the date of this Order:
Provision | Date of Commencement | S. I. No. |
Section 53 (partially) and Schedule 7, paragraph 50 | 31.07.02 | 2002/1989 |
Section 50 and Schedule 6, Section 53 (partially) and Schedule 7, paragraphs 8 (partially), 16 and 17 Section 54 and Schedule 8 (partially) | 09.09.02 | 2002/2256 |