The Statutory Sick Pay (General) Regulations 1982

Changes over time for: Section 2

Version Superseded: 25/03/2022

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Status:

Point in time view as at 06/07/2020. This version of this provision has been superseded.

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There are currently no known outstanding effects for the The Statutory Sick Pay (General) Regulations 1982, Section 2.

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Persons deemed incapable of work

2.—(1) A person who is not incapable of work of which he can reasonably be expected to do under a particular contract of service may be deemed to be incapable of work of such a kind by reason of some specific disease or bodily or mental disablement for any day on which F1...—

(a)(i)he is under medical care in respect of a disease or disablement as aforesaid,

(ii)it is stated by a registered medical practitioner that for precautionary or convalescent reasons consequential on such disease or disablement he should abstain from work, or from work of such a kind, and

(iii)he does not work under that contract of service, F2...

[F3(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,

[F4by reason of it being known or reasonably suspected that he is infected or contaminated by, or has been in contact with a case of, a relevant infection or contamination]][F5; F6...

(c)he is—

(i)isolating himself from other people in such a manner as to prevent infection or contamination with coronavirus F7..., in accordance with [F8Schedule 1]; and

(ii)by reason of that isolation is unable to work][F9; or]

[F10(d)he is—

(i)shielding himself in such a manner as to prevent infection or contamination with coronavirus in accordance with Schedule 2; and

(ii)by reason of that shielding is unable to work.]

(2) A person who at the commencement of any day is, or thereafter on that day becomes, incapable of work of such a kind by reason of some specific disease or bodily or mental disablement, and

(a)on that day, under that contract of service, does no work, or no work except during a shift which ends on that day having begun on the previous day; and

(b)does no work under that contract of service during a shift which begins on that day and ends on the next,

shall be deemed to be incapable of work of such a kind by reason of that disease or bodily or mental disablement throughout that day.

[F11(3) For the purposes of paragraph (1)(b)—

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

(a)

an Act; or

(b)

an Act of the Scottish Parliament; and

[F12“relevant infection or contamination” means—

(a)

in England and Wales–

(i)

any incidence or spread of infection or contamination, within the meaning of section 45A(3) of the Public Health (Control of Disease) Act 1984 in respect of which regulations are made under Part 2A of that Act (public health protection) for the purpose of preventing, protecting against, controlling or providing a public health response to, such incidence or spread, or

(ii)

any disease, food poisoning, infection, infectious disease or notifiable disease to which regulation 9 (powers in respect of persons leaving aircraft) of the Public Health (Aircraft) Regulations 1979 applies or to which regulation 10 (powers in respect of certain persons on ships) of the Public Health (Ships) Regulations 1979 applies; and

(b)

in Scotland, any–

(i)

infectious disease within the meaning of section 1(5) of the Public Health etc (Scotland) Act 2008, or exposure to an organism causing that disease, or

(ii)

contamination within the meaning of section 1(5) of that Act, or exposure to a contaminant,

to which sections 56 to 58 of that Act (compensation) apply.]]

[F13(4) For the purposes of paragraph (1)(c) [F14and (d) and Schedules 1 and 2]—

F15...

[F16“coronavirus” means severe acute respiratory syndrome coronavirus 2.]]

Textual Amendments

F1Word in reg. 2(1) omitted (13.3.2020) by virtue of The Statutory Sick Pay (General) (Coronavirus Amendment) Regulations 2020 (S.I. 2020/287), regs. 1, 2(2)(a) (as amended (28.3.2020) by The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations 2020 (S.I. 2020/374), regs. 1, 4)

F2Word in reg. 2(1)(a) omitted (13.3.2020) by virtue of The Statutory Sick Pay (General) (Coronavirus Amendment) Regulations 2020 (S.I. 2020/287), regs. 1, 2(2)(b) (as amended (28.3.2020) by The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations 2020 (S.I. 2020/374), regs. 1, 4)

F3Reg. 2(1)(b) substituted (10.4.2006) by The Statutory Sick Pay (General) Amendment Regulations 2006 (S.I. 2006/799), regs. 1, 2(2)

F4Words in reg. 2(1)(b) substituted (6.4.2012) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(3), 6(a)

F5Reg. 2(1)(c) and preceding word inserted (13.3.2020) by virtue of The Statutory Sick Pay (General) (Coronavirus Amendment) Regulations 2020 (S.I. 2020/287), regs. 1, 2(2)(c) (as amended (28.3.2020) by The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations 2020 (S.I. 2020/374), regs. 1, 4)