The Statutory Sick Pay (National Health Service Employees) Regulations 1991

Explanatory Note

(This note is not part of the Regulations)

The Regulations contained in this instrument are consequential upon the coming into force on 1st April 1991 of paragraph 16 of Schedule 6 to the Social Security Act 1990 (c. 27) (which relates to statutory sick pay for National Health Service staff with divided contracts). The instrument is made before the end of the period of 6 months beginning with the coming into force of that provision; the regulations in it are therefore exempted by section 61(5) of the Social Security Act 1986 (c. 50) (as amended by the Social Security Act 1989 (c. 24) Schedule 8, paragraph 12(3)) from the requirement under section 10 of the Social Security Act 1980 (c. 30) to refer the proposals to the Social Security Advisory Committee and are made without reference to that Committee.

Regulation 2 provides for employees whose contract of service has been divided into two or more such contracts with different bodies as a consequence of the National Health Service and Community Care Act 1990 or, the National Health Service (Scotland) Act 1978 to elect to have those contracts treated as one contract for the purposes of entitlement to statutory sick pay.

Regulation 3 provides for the manner and time in which an election is to be made.

Regulation 4 makes provision for the information that is to be provided by employees to employers.

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

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