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UK Statutory Instrument
2002
United Kingdom
Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002
At a glance
Enforced by
What's here
17 compliance obligations, 3 practical guides · 3 journeys
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 7
- Employer 7
- Employee 1
Plus 2 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Other Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 742 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 83 duties
- Merchant Shipping Act 1995 1995 82 duties
- Road Traffic (NI) Order 1995 1995 61 duties
Employers also bound by 169 other Acts (top 5 shown)
- The Income Tax (Pay As You Earn) Regulations 2003 2003 196 duties
- Provision and Use of Work Equipment Regulations 1998 1998 98 duties
- TULRCA 1992 1992 46 duties
- Employment Rights (Northern Ireland) Order 1996 (current NI employment law) 1996 45 duties
- WTR 1998 1998 36 duties
Employees also bound by 52 other Acts (top 5 shown)
- Employment Rights (Northern Ireland) Order 1996 (current NI employment law) 1996 13 duties
- Shared Parental Leave Regulations 2014 2014 10 duties
- The Income Tax (Pay As You Earn) Regulations 2003 2003 10 duties
- Paternity and Adoption Leave Regulations 2002 2002 9 duties
- Regulatory Reform (Fire Safety) Order 2005 (England/Wales comparison) 2005 4 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — Introduction
Browse 3 other sections in this Part — procedural / definitional / commencement
Part 2 — Statutory paternity pay (birth)
Options in respect of periods of payment of statutory paternity pay (birth)
- Allow employees to choose paternity pay start dates and durations Any Person
Entitlement to statutory paternity pay (birth) where there is more than one employer
- Pay statutory paternity pay to employees with multiple jobs Employer
Browse 8 other sections in this Part — procedural / definitional / commencement
Conditions of entitlement to statutory paternity pay (birth): relationship with newborn child and child’s mother
Modification of entitlement conditions: early birth
Additional notice requirements for statutory paternity pay (birth)
Qualifying period for statutory paternity pay (birth)
Evidence of entitlement to statutory paternity pay (birth)
Notice and evidence requirements for statutory paternity pay (birth)
Notice of entitlement to statutory paternity pay (birth)
Qualifying period for statutory paternity pay (birth)
Part 3 — Statutory paternity pay (adoption)
Options in respect of periods of payment of statutory paternity pay (adoption)
- Allow employees to choose their paternity pay timing and duration (adoption) Any Person
Entitlement to statutory paternity pay (adoption) where there is more than one employer
- Pay statutory paternity pay to employees with multiple jobs Employer
Browse 7 other sections in this Part — procedural / definitional / commencement
Notice of entitlement to statutory paternity pay (adoption)
Conditions of entitlement to statutory paternity pay (adoption): relationship with child and with person with whom the child is placed for adoption
Notice and evidence requirements for statutory paternity pay (adoption)
Additional notice requirements for statutory paternity pay (adoption)
Qualifying period for statutory paternity pay (adoption)
Evidence of entitlement for statutory paternity pay (adoption)
Qualifying period for statutory paternity pay (adoption)
Part 4 — Statutory paternity pay: provisions applicable to both statutory paternity pay (birth) and statutory paternity pay (adoption)
Work during a period of payment of statutory paternity pay
- Notify your employer if you work for someone else while on paternity leave Employee
Avoidance of liability for statutory paternity pay
- Pay paternity pay if you terminated employment to avoid liability Employer
Browse 3 other sections in this Part — procedural / definitional / commencement
Cases where there is no liability to pay statutory paternity pay
Statutory paternity pay and contractual remuneration
Change in circumstances
Part 5 — Statutory adoption pay
Adoption pay period
- Administer and manage the statutory adoption pay period Any Person
Adoption pay period in cases where adoption is disrupted
- Stop Statutory Adoption Pay if the adoption is disrupted Any Person
Additional notice requirements for statutory adoption pay
- Adoption pay: Notify your employer of expected and actual placement dates Any Person
Evidence of entitlement to statutory adoption pay
- Evidence of entitlement to statutory adoption pay Any Person
Entitlement to statutory adoption pay where there is more than one employer
- Pay Statutory Adoption Pay to employees with multiple jobs Employer
Work during an adoption pay period
- Notify your employer if you work for someone else during adoption leave Any Person
Working for not more than 10 days during an adoption pay period
- Continue paying Statutory Adoption Pay during 'Keep in Touch' days Employer
Avoidance of liability for statutory adoption pay
- Pay statutory adoption pay even if employment was terminated to avoid it Employer
Browse 3 other sections in this Part — procedural / definitional / commencement
Part 6 — Statutory paternity pay and statutory adoption pay: provisions applicable to both statutory paternity pay and statutory adoption pay
Time when statutory paternity pay and statutory adoption pay are to be paid
- Pay statutory paternity or adoption pay on time Employer
Liability of the Board to pay statutory paternity pay or statutory adoption pay
Other duties (1) — Crown / regulator
- HMRC must pay paternity or adoption pay if you fail to or become insolvent Statutory regulator
Payments by the Board
Other duties (1) — Crown / regulator
- HMRC must pay statutory paternity or adoption pay at weekly intervals Statutory regulator
Browse 15 other sections in this Part — procedural / definitional / commencement
Introductory
Treatment of persons as employees
Continuous employment
Continuous employment and unfair dismissal
Continuous employment and stoppages of work
Change of employer
Reinstatement after service with the armed forces etc.
Treatment of two or more employers or two or more contracts of service as one
Meaning of “earnings”
Normal weekly earnings
Payment of statutory paternity pay and statutory adoption pay
Liability of the Board to pay statutory paternity or statutory adoption pay in cases of legal custody or imprisonment
Persons unable to act
Service of notices by post
Meaning of “week”
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Statutory Paternity Pay: manually calculate your employee's payments (opens in a new tab) Detailed Guidance
- Paternity pay and leave: employer guide (opens in a new tab) Detailed Guidance
- Maternity and paternity calculator (GOV.UK) (opens in a new tab) Detailed Guidance
- Recover statutory payments from HMRC (opens in a new tab) Detailed Guidance
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
HM Revenue & Customs
Tax collection, customs duties, national insurance, tax credits, and enforcement of the National Minimum Wage. Regulates all UK businesses for tax compliance …
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Browse legislation
Find other UK business legislation with related guidance.
Regulators
Learn more about the bodies that enforce this legislation.