(8) In section 171ZL (statutory adoption pay: entitlement)—

(a) in subsection (2), after paragraph (b) there is inserted—

“(ba) 15that at the end of the relevant week he was entitled to be

in that employment;”;

(b) in subsection (3), after “(2)(b)” there is inserted “, (ba)”;

(c) in subsection (8), before paragraph (a) there is inserted—

“(za) exclude the application of subsection (2)(ba) above in

20prescribed circumstances;”.

(9) After section 173 there is inserted—

“173A Entitlement to be in employment

(1) For the purposes of this Act a person is entitled to engage in or to be in

any employment if (and only if)—

(a) 25the person does not under the Immigration Act 1971 require

leave to enter or remain in the United Kingdom, or

(b) the person has been granted such leave and—

(i) the leave is not invalid,

(ii) the leave has not for any reason ceased to have effect,

30and

(iii) the leave is not subject to a condition preventing the

person from accepting that employment.”

(10) In Schedule 11 (statutory sick pay: circumstances in which periods of

entitlement do not arise)—

(a) 35in paragraph 2, at the end there is inserted—

“(i) the employee is not entitled to be in his employment

on the relevant date.”;

(b) at the end there is inserted—

“9 Paragraph 2(i) above does not apply in prescribed

40circumstances.”