Persons unable to act10

1

Where in the case of any employee—

a

statutory sick pay is payable to him or he is alleged to be entitled to it;

b

he is unable for the time being to act; and

c

either—

i

no receiver has been appointed by the Court of Protection with power to receive statutory sick pay on his behalf, or

ii

in Scotland, his estate is not being administered by any tutor, curator or other guardian acting or appointed in terms of law,

the Secretary of State may, upon written application to him by a person who, if a natural person, is over the age of 18, appoint that person to exercise, on behalf of the employee, any right to which he may be entitled under Part I and to deal on his behalf with any sums payable to him.

2

Where the Secretary of State has made an appointment under paragraph (1)—

a

he may at any time in his absolute discretion revoke it;

b

the person appointed may resign his office after having given one month's notice in writing to the Secretary of State of his intention to do so; and

c

the appointment shall terminate when the Secretary of State is notified that a receiver or other person to whom paragraph (1)(c) applies has been appointed.

3

Anything required by Part I to be done by or to any employee who is unable to act may be done by or to the person appointed under this regulation to act on his behalf, and the receipt of the person so appointed shall be a good discharge to the employee's employer for any sum paid.