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Employment Act 2002
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Changes over time for: Section 12
Changes to legislation:
Employment Act 2002, Section 12 is up to date with all changes known to be in force on or before 19 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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Changes and effects yet to be applied to Section 12:
- s. 12(2)(a) words substituted by 2023 c. 20 Sch. para. 40
- s. 12(2)(b) words substituted by 2023 c. 20 Sch. para. 40
- s. 12(4) words substituted by 2023 c. 20 Sch. para. 40
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 7(3)(e) and word inserted by 2023 c. 20 Sch. para. 36(4)(c)
- s. 15(2)(bb) word omitted by 2023 c. 20 Sch. para. 43(a)
- s. 15(2)(bc) inserted by 2023 c. 20 Sch. para. 43(b)
12 Penalties: fraud etc.U.K.
This section has no associated Explanatory Notes
(1)Where a person fraudulently or negligently—
(a)makes any incorrect statement or declaration in connection with establishing entitlement to F1[F2... statutory paternity pay] [F3or statutory parental bereavement pay], or
(b)provides any incorrect information or document of a kind mentioned in regulations under section 10(1) so far as relating to F4[F2... statutory paternity pay,] [F5or statutory parental bereavement pay]
he shall be liable to a penalty not exceeding £300.
(2)Where a person fraudulently or negligently—
(a)makes any incorrect statement or declaration in connection with establishing entitlement to statutory adoption pay or [F6statutory shared parental pay], or
(b)provides any incorrect information or document of a kind mentioned in regulations under section 10(1) so far as relating to statutory adoption pay or [F7statutory shared parental pay],
he shall be liable to a penalty not exceeding £3,000.
(3) Where an employer fraudulently or negligently makes incorrect payments of F8 [F9... statutory paternity pay ] [F10or statutory parental bereavement pay], he shall be liable to a penalty not exceeding £300.
(4)Where an employer fraudulently or negligently makes incorrect payments of statutory adoption pay or [F11statutory shared parental pay], he shall be liable to a penalty not exceeding £3,000.
(5)Where an employer fraudulently or negligently—
(a)produces any incorrect document or record, provides any incorrect information or makes any incorrect return, of a kind mentioned in regulations under section 8È, or
(b)receives incorrect payments in pursuance of regulations under section 7,
he shall be liable to a penalty not exceeding £3,000 or, if the offence relates only to F12 [F13... statutory paternity pay] [F14or statutory parental bereavement pay], £300.
(6)Schedule 1 (penalties: procedure and appeals) has effect in relation to penalties under this section.
Textual Amendments
F1Word in s. 12(1)(a) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 55(2)(a); S.I. 2014/1640, art. 7(dd) (with art. 16)
F2Words in s. 12(1) substituted (6.4.2010) by Work and Families Act 2006 (c. 18), s. 19(2), Sch. 1 para. 54(2); S.I. 2010/495, art. 4(d)
F3Words in s. 12(1)(a) inserted (18.1.2020) by Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 40; S.I. 2020/45, reg. 2
F4Word in s. 12(1)(b) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 55(2)(b); S.I. 2014/1640, art. 7(dd) (with art. 16)
F5Words in s. 12(1)(b) inserted (18.1.2020) by Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 40; S.I. 2020/45, reg. 2
F6Words in s. 12(2)(a) substituted (1.12.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 55(3)(a); S.I. 2014/1640, art. 5(2)(t) (with art. 12)
F7Words in s. 12(2)(b) substituted (1.12.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 55(3)(b); S.I. 2014/1640, art. 5(2)(t) (with art. 12)
F8Word in s. 12(3) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 55(4); S.I. 2014/1640, art. 7(dd) (with art. 16)
F9Words in s. 12(3) substituted (6.4.2010) by Work and Families Act 2006 (c. 18), s. 19(2), Sch. 1 para. 54(2); S.I. 2010/495, art. 4(d)
F10Words in s. 12(3) inserted (18.1.2020) by Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 40; S.I. 2020/45, reg. 2
F11Words in s. 12(4) substituted (1.12.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 55(5); S.I. 2014/1640, art. 5(2)(t) (with art. 12)
F12Word in s. 12(5) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 55(6); S.I. 2014/1640, art. 7(dd) (with art. 16)
F13Words in s. 12(5) substituted (6.4.2010) by Work and Families Act 2006 (c. 18), s. 19(2), Sch. 1 para. 54(4); S.I. 2010/495, art. 4(d)
F14Words in s. 12(5) inserted (18.1.2020) by Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 40; S.I. 2020/45, reg. 2
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