Application3.
(1)
The provisions relating to additional paternity leave under regulation 4 have effect only in relation to an employee who is married to, or the civil partner or partner of, an adopter whose child enters Northern Ireland on or after 3rd April 2011.
(2)
Regulation 23 (protection from detriment) has effect only in relation to an act or failure to act which takes place on or after 5th October 2010.
(3)
For the purposes of paragraph (2)—
(a)
where an act extends over a period, the reference to the date of the act is a reference to the last day of that period, and
(b)
a failure to act is to be treated as done when it is decided upon.
(4)
For the purposes of paragraph (3), in the absence of evidence establishing the contrary an employer shall be taken to decide on a failure to act—
(a)
when the employer does an act inconsistent with doing the failed act, or
(b)
if the employer has done no such inconsistent act, when the period expires within which the employer might reasonably have been expected to do the failed act if it was to be done.