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| For other Amendment(s) see the following page(s):
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| Children and Families Bill Committee 157-191, 193-207, 209-11 and 213-15 |
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| Children and Families Bill |
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| Clause 87, page 57, line 15, leave out ‘made by the Secretary of State’ and insert |
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| Clause 87, page 61, line 24, leave out ‘made by the Secretary of State’ and insert |
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| Clause 87, page 65, line 20, leave out ‘75F(3) or (16)’ and insert ‘75F(16)’. |
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| Clause 87, page 65, line 20, leave out ‘75H(3), (16)’ and insert ‘75H(16)’. |
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| Clause 110, page 112, line 37, at end insert— |
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| | ‘( ) | Section 96(3) and (4), so far as relating to paragraphs 3, 53 to 59 and 61 of |
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| | Schedule 7, extends to Northern Ireland.’. |
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| Schedule 7, page 171, line 22, leave out paragraph (a) and insert— |
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| | ‘( ) | in paragraph (a), after “(6), (7)” there is inserted “, (7A) or (7B)”; |
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| | ( ) | in paragraph (a), the words “or (8)” are repealed.’. |
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| Schedule 7, page 171, line 28, at end insert— |
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| | ‘( ) | After sub-paragraph (7) there is inserted— |
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| | “(7A) | This sub-paragraph applies if— |
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| | (a) | the member’s absence from work is due to the placement or |
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| | expected placement of a child under section 22C of the |
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| | (b) | in relation to that child, the member satisfies the conditions |
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| | prescribed under section 171ZB(2)(a)(i) and (ii) of the |
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| | Social Security Contributions and Benefits Act 1992, as |
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| | modified by section 171ZB(8) of that Act (cases involving |
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| | the placing of a child by a local authority in England with a |
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| | local authority foster parent who has been approved as a |
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| | (7B) | This sub-paragraph applies if— |
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| | (a) | the member’s absence from work is due to the birth or |
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| | expected birth of a child, and |
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| | (b) | in relation to that child, the member satisfies the conditions |
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| | prescribed under section 171ZB(2)(a)(i) and (ii) of the |
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| | Social Security Contributions and Benefits Act 1992, as |
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| | applied by virtue of section 171ZK(2) of that Act (cases |
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| | involving applicants for parental orders under section 54 of |
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| | the Human Fertilisation and Embryology Act 2008).” ’. |
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| Schedule 7, page 171, line 31, at end insert— |
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| | ‘2A(1) | Paragraph 5B (schemes that contain unfair adoption leave provisions) is |
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| | (2) | In sub-paragraph (4) (definitions), in the definition of “period of paid adoption |
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| | leave”, in paragraph (a), for “or (6)” there is substituted “, (6), (7) or (8)”. |
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| | (3) | After sub-paragraph (6) there is inserted— |
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| | “(7) | This sub-paragraph applies if— |
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| | (a) | the member’s absence from work is due to the placement or |
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| | expected placement of a child under section 22C of the |
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| | (b) | in relation to that child, the member satisfies the condition |
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| | in section 171ZL(2)(a) of the Social Security Contributions |
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| | and Benefits Act 1992, as modified by section 171ZL(9) of |
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| | that Act (cases involving the placing of a child by a local |
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| | authority in England with a local authority foster parent |
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| | who has been approved as a prospective adopter). |
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| | (8) | This sub-paragraph applies if— |
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| | (a) | the member’s absence from work is due to the birth or |
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| | expected birth of a child, and |
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| | (b) | in relation to that child, the member satisfies the condition |
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| | in section 171ZL(2)(a) of the Social Security Contributions |
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| | and Benefits Act 1992, as applied by virtue of section |
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| | 171ZT(2) of that Act (cases involving applicants for |
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| | parental orders under section 54 of the Human Fertilisation |
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| | and Embryology Act 2008).” ’. |
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| Schedule 7, page 171, line 31, at end insert— |
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| | ‘2B | After paragraph 5B there is inserted— |
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| | “Unfair shared parental leave provisions |
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| | 5C (1) | Where an employment-related benefit scheme includes any unfair |
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| | shared parental leave provisions (irrespective of any differences on |
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| | the basis of sex in the treatment accorded to members under those |
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| | (a) | the scheme shall be regarded to that extent as not |
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| | complying with the principle of equal treatment; and |
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| | (b) | subject to sub-paragraph (3), this Schedule shall apply |
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| | (2) | In this paragraph “unfair shared parental leave provisions”, in |
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| | relation to an employment-related benefit scheme, means any |
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| | (a) | which relates to continuing membership of, or the accrual |
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| | of rights under, the scheme during any period of paid |
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| | shared parental leave in the case of any member who is (or |
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| | who, immediately before the commencement of such a |
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| | period, was) an employed earner and which treats such a |
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| | member otherwise than in accordance with the normal |
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| | employment requirement; or |
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| | (b) | which requires the amount of any benefit payable under the |
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| | scheme to or in respect of any such member, to the extent |
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| | that it falls to be determined by reference to earnings during |
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| | a period which included a period of paid shared parental |
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| | leave, to be determined otherwise than in accordance with |
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| | the normal employment requirement. |
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| | (3) | In the case of any unfair shared parental leave provision— |
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| | (a) | the more favourable treatment required by paragraph 3(1) |
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| | is treatment no less favourable than would be accorded to |
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| | the member in accordance with the normal employment |
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| | (b) | paragraph 3(2) does not authorise the making of any such |
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| | election as is there mentioned; |
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| | | but, in respect of any period of paid shared parental leave, a member |
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| | shall only be required to pay contributions on the amount of |
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| | contractual remuneration or statutory shared parental pay actually |
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| | paid to or for the member in respect of that period. |
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| | “the normal employment requirement” is the requirement that any |
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| | period of paid shared parental leave shall be treated as if it were a |
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| | period throughout which the member in question works normally |
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| | and receives the remuneration likely to be paid for doing so; |
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| | “period of paid adoption leave” has the same meaning as in paragraph |
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| | “period of paid paternity leave” has the same meaning as in paragraph |
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| | “period of paid shared parental leave”, in the case of a member, means |
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| | (a) | throughout which the member is absent from work in |
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| | circumstances where sub-paragraph (5), (6), (7), (8), (9) or (10) |
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| | (b) | for which the employer (or if the member is no longer in that |
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| | person’s employment, his former employer) pays the member |
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| | any contractual remuneration or statutory shared parental pay. |
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| | (5) | This sub-paragraph applies if— |
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| | (a) | the member’s absence from work is due to the birth of a |
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| | (b) | the member is the mother of the child, and |
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| | (c) | the absence from work is not absence on maternity leave |
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| | (within the meaning of the Equality Act 2010). |
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| | (6) | This sub-paragraph applies if— |
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| | (a) | the member’s absence from work is due to the birth of a |
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| | (b) | the member is a person who satisfies the conditions |
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| | prescribed under section 171ZU(4)(b)(i) or (ii) of the |
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| | Social Security Contributions and Benefits Act 1992 in |
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| | relation to the child, and |
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| | (c) | the member’s absence from work is not absence during a |
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| | period of paid paternity leave. |
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| | (7) | This sub-paragraph applies if— |
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| | (a) | the member’s absence from work is due to the placement of |
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| | a child for adoption under the law of any part of the United |
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| | (i) | a person with whom a child is placed for adoption |
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| | under the law of any part of the United Kingdom, |
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| | (ii) | a person who satisfies the conditions prescribed |
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| | under section 171ZV(4)(b)(i) or (ii) of the Social |
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| | Security Contributions and Benefits Act 1992 in |
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| | relation to the child, and |
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| | (c) | the member’s absence from work is not absence during— |
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| | (i) | a period of paid paternity leave, or |
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| | (ii) | a period of paid adoption leave. |
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| | (8) | This sub-paragraph applies if— |
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| | (a) | the member’s absence from work is due to the placement of |
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| | a child under section 22C of the Children Act 1989 by a |
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| | local authority in England with a local authority foster |
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| | parent who has been approved as a prospective adopter, |
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| | (i) | the local authority foster parent with whom the |
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| | child in question is placed under section 22C of the |
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| | (ii) | a person who satisfies the conditions prescribed |
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| | under section 171ZV(4)(b)(i) or (ii) of the Social |
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| | Security Contributions and Benefits Act 1992, as |
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| | modified by section 171ZV(18) of that Act (cases |
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| | involving the placing of a child by a local authority |
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| | in England with a local authority foster parent who |
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| | has been approved as a prospective adopter), in |
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| | relation to the child, and |
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| | (c) | the member’s absence from work is not absence during— |
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| | (i) | a period of paid paternity leave, or |
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| | (ii) | a period of paid adoption leave. |
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| | (9) | This sub-paragraph applies if— |
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| | (a) | the member’s absence from work is due to the adoption or |
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| | expected adoption of a child who has entered the United |
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| | Kingdom in connection with or for the purposes of |
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| | adoption which does not involve placement of the child for |
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| | adoption under the law of any part of the United Kingdom, |
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| | (i) | the person who has adopted or expects to adopt the |
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| | (ii) | a person who satisfies the conditions prescribed |
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| | under section 171ZV(4)(b)(i) or (ii) of the Social |
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| | Security Contributions and Benefits Act 1992, as |
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| | applied by virtue of section 171ZZ5(1) of that Act |
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| | (adoption cases not involving placement under the |
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| | law of the United Kingdom), in relation to the |
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| | (c) | the member’s absence from work is not absence during— |
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| | (i) | a period of paid paternity leave, or |
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| | (ii) | a period of paid adoption leave. |
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| | (10) | This sub-paragraph applies if— |
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| | (a) | the member’s absence from work is due to the birth of a |
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| | (b) | the member is a person who has applied, or intends to |
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| | apply, for a parental order under section 54 of the Human |
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| | Fertilisation and Embryology Act 2008 in relation to the |
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| | (c) | the member’s absence from work is not absence during— |
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| | (i) | a period of paid paternity leave, or |
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| | (ii) | a period of paid adoption leave.” ’. |
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| Clause 73, page 48, line 43, at beginning insert ‘If, after a consultation period of |
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| not less than three months, and the publication of a response to the consultation, the |
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| Secretary of State is satisfied with the provisions, he may make an order so that’. |
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| Page 49, line 12, Leave out Clause 75. |
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| | Staff to child ratios: Ofsted-registered childminder settings |
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| To move the following Clause:— |
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| | ‘(1) | This section applies to Ofsted-registered childminder settings. |
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| | (2) | The ratio of staff to children under the age of eight must be no less than one to |
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| | (a) | a maximum of three children may be young children; |
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| | (b) | a maximum of one child is under the age of one. |
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| | (3) | Any care provided by childminders for older children must not adversely affect |
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| | the care of children receiving early years provision. |
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| | (4) | If a childminder can demonstrate to parents, carers and inspectors, that the |
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| | individual needs of all the children are being met, then in addition to the ratio set |
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| | out in subsection (2), they may also care for— |
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| | (a) | babies who are siblings of the children referred to in subsection (2), or |
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| | (5) | If children aged between four and five years only attend the childminding setting |
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| | outside of normal school hours or the normal school term time, they may be cared |
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| | for at the same time as three other young children, provided that at no time does |
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| | the ratio of staff to children under the age of eight exceed one to six. |
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| | (6) | If a childminder employs an assistant or works with another childminder, each |
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| | childminder or assistant may care for the number of children permitted by the |
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| | ratios specified in subsections (2), (4) and (5). |
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| | (7) | Children may only be left in the sole care of a childminder’s assistant for two |
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| | (8) | Childminders must obtain the permission of a child’s parents or carers before that |
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| | child can be left in the sole care of a childminder’s assistant. |
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| | (9) | The ratios in subsections (2), (4) and (5) apply to childminders providing |
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| | overnight care, provided that the children are continuously monitored, which may |
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| | be through the use of electronic equipment. |
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| | (10) | For the purposes of this section a child is— |
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| | (a) | a “young child” up until 1 September following his or her fifth birthday. |
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| | (b) | an “older child” after the 1 September following his or her fifth |
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| | Staff to child ratios: Ofsted-registered non-domestic childminder |
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| To move the following Clause:— |
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| | ‘(1) | This section applies to Ofsted-registered, non-domestic childcare settings. |
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| | (2) | For children aged under two— |
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| | (a) | the ratio of staff to children must be no less than one to three; |
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| | (b) | at least one member of staff must hold a full and relevant level 3 |
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| | qualification, and must be suitably experienced in working with children |
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| | (c) | at least half of all other members of staff must hold a full and relevant |
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| | (d) | at least half of all members of staff must have received training in care |
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| | (e) | where there is a dedicated area solely for children under two years old, |
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| | the member of staff in charge of that area must, in the judgement of their |
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| | employer, have suitable experience of working with children under two |
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| | (3) | For children between the ages of two and three— |
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| | (a) | the ratio of staff to children must be no less than one to four; |
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| | (b) | at least one member of staff must hold a full and relevant level 3 |
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| | (c) | at least half of all other members of staff must hold a full and relevant |
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| | (4) | Where there is registered early years provision, which operates between 8 am and |
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| | 4 pm, and a member of staff with Qualified Teacher Status, Early Years |
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| | Professional Status or other full and relevant level 6 qualification is working |
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| | directly with the children, for children aged three and over— |
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| | (a) | the ratio of staff to children must be no less than one to 13; and |
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| | (b) | at least one other member of staff must hold a full and relevant level 3 |
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| | (5) | Where there is registered early years provision, which operates outside the hours |
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| | of 8 am and 4 pm, and between the hours of 8 am and 4 pm where a member of |
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| | staff with Qualified Teacher Status, Early Years Professional Status or other full |
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| | and relevant level 6 qualification is not working directly with the children, for |
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| | children aged three and over— |
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| | (a) | the ratio of staff to children must be no less than one to eight; |
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| | (b) | at least one member of staff must hold a full and relevant level 3 |
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| | (c) | at least half of all other staff must hold a full and relevant level 2 |
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| | (6) | In independent schools where— |
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| | (a) | a member of staff with Qualified Teacher Status, Early Years |
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| | Professional Status or other full and relevant level 6 qualification; |
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| | (c) | a suitably qualified overseas-trained teacher is working directly with the |
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| | children, for children aged three and over— |
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| | (i) | for classes where the majority of children will reach the age of |
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| | five or older within the school year, the ratio of staff to children |
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| | must be no less than one to 30; |
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| | (ii) | for all other classes the ratio of staff to children must be no less |
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| | (iii) | at least one other member of staff must hold a full and relevant |
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| | (7) | In independent schools where there is— |
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