The Statutory Maternity Pay (General) and Statutory Sick Pay (General) (Amendment) Regulations (Northern Ireland) 2001

Statutory Rules of Northern Ireland

2001 No. 36

STATUTORY MATERNITY PAY; STATUTORY SICK PAY

The Statutory Maternity Pay (General) and Statutory Sick Pay (General) (Amendment) Regulations (Northern Ireland) 2001

Made

31st January 2001

Coming into operation

23rd February 2001

The Department for Social Development, in exercise of the powers conferred by sections 107(1)(b), 122(2), (4)(a) and (b), 124(1), (2), (3)(a) and (b) and 165(1), (3) and (4) of the Social Security Administration (Northern Ireland) Act 1992(1), and now vested in it(2), and of all other powers enabling it in that behalf, and with the concurrence of the Inland Revenue in so far as their concurrence is required, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Statutory Maternity Pay (General) and Statutory Sick Pay (General) (Amendment) Regulations (Northern Ireland) 2001 and shall come into operation on 23rd February 2001.

(2) The Interpretation Act (Northern Ireland) 1954(3) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Statutory Sick Pay (General) Regulations

2.  For regulation 22 of the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982(4) (penalties) there shall be substituted the following regulation––

“Offences

22.   Any person who, without reasonable excuse, contravenes or fails to comply with any provision contained in regulation 9, 13, 14, 15 or 15A, shall be guilty of an offence under the Social Security Administration (Northern Ireland) Act 1992.”.

Amendment of the Statutory Maternity Pay (General) Regulations

3.  For regulation 32 of the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987(5) (penalties) there shall be substituted the following regulation—

“Offences

32.   Any person who, without reasonable excuse, contravenes or fails to comply with any provision contained in regulation 25, 25A, 26 or 29, shall be guilty of an offence under the Social Security Administration (Northern Ireland) Act 1992.”.

Revocations

4.  The following regulations are hereby revoked––

(a) regulation 9 of the Statutory Sick Pay (General) (Amendment) Regulations (Northern Ireland) 1986(6);

(b) regulation 3 of the Social Security (Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 1991(7);

(c) regulation 4 of the Social Security (Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 1992(8).

Sealed with the Official Seal of the Department for Social Development on 31st January 2001.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

The Commissioners of Inland Revenue hereby concur.

Nick Montagu

Tim Flesher

Two of the Commissioners of Inland Revenue

1st February 2001

Explanatory Note

(This note is not part of the Regulations.)

These Regulations provide that any person who, without reasonable excuse, contravenes or fails to comply with certain provisions of the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982 or of the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987 is guilty of an offence. The penalty for such an offence is set out in section 107(3) of the Social Security Administration (Northern Ireland) Act 1992 (“the Administration Act”).

These Regulations correspond to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Administration Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose a charge on business.

(1)

1992 c. 8; section 107 was substituted by Article 56 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) and amended by paragraph 7 of Schedule 6 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)), section 122(4) was amended by paragraph 29 of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671), section 124 was amended by paragraph 49 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and paragraph 30 of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 and section 165(1) was amended by paragraph 49(2) of Schedule 3 to that Order

(2)

See Article 8(b) of S.R. 1999 No. 481

(3)

1954 c. 33 (N.I.)

(4)

S.R. 1982 No. 263; relevant amending regulations are S.R. 1986 No. 83 and S.R. 1992 No. 83

(5)

S.R. 1987 No. 30; relevant amending regulations are S.R. 1991 No. 488

(6)

S.R. 1986 No. 83

(7)

S.R. 1991 No. 488

(8)

S.R. 1992 No. 83