House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee: 16 April 2013
265

Children and Families Bill, continued

Lucy Powell

317


Clause  91,  page  85,  line  32,  after ‘1989’, insert ‘or placement with a family and

friends (kinship) carer in prescribed circumstances’.

Lucy Powell

318


Clause  91,  page  85,  line  43,  at end insert ‘or the week the special guardian is

expected to be appointed or the week the child is expected to be placed in a family and

friends (kinship) care arrangement in prescribed circumstances.’.

Jo Swinson

280

Schedule  7,  page  171,  line  22,  leave out paragraph (a) and insert—

‘( )
in paragraph (a), after “(6), (7)” there is inserted “, (7A) or (7B)”;

( )
in paragraph (a), the words “or (8)” are repealed.’.

Jo Swinson

281

Schedule  7,  page  171,  line  28,  at end insert—

    ‘( )
After sub-paragraph (7) there is inserted—

“(7A)
This sub-paragraph applies if—

(a)
the member’s absence from work is due to the placement or

expected placement of a child under section 22C of the

Children Act 1989, and

(b)
in relation to that child, the member satisfies the conditions

prescribed under section 171ZB(2)(a)(i) and (ii) of the

Social Security Contributions and Benefits Act 1992, as

modified by section 171ZB(8) of that Act (cases involving

the placing of a child by a local authority in England with a

local authority foster parent who has been approved as a

prospective adopter).

    (7B)
This sub-paragraph applies if—

(a)
the member’s absence from work is due to the birth or

expected birth of a child, and

(b)
in relation to that child, the member satisfies the conditions

prescribed under section 171ZB(2)(a)(i) and (ii) of the

Social Security Contributions and Benefits Act 1992, as

applied by virtue of section 171ZK(2) of that Act (cases

involving applicants for parental orders under section 54 of

the Human Fertilisation and Embryology Act 2008).” ’.

Jo Swinson

282

Schedule  7,  page  171,  line  31,  at end insert—

‘2A(1)
Paragraph 5B (schemes that contain unfair adoption leave provisions) is

amended as follows.

      (2)
In sub-paragraph (4) (definitions), in the definition of “period of paid adoption

leave”, in paragraph (a), for “or (6)” there is substituted “, (6), (7) or (8)”.

Public Bill Committee: 16 April 2013
266

Children and Families Bill, continued

      (3)
After sub-paragraph (6) there is inserted—

  “(7)
This sub-paragraph applies if—

(a)
the member’s absence from work is due to the placement or

expected placement of a child under section 22C of the

Children Act 1989, and

(b)
in relation to that child, the member satisfies the condition

in section 171ZL(2)(a) of the Social Security Contributions

and Benefits Act 1992, as modified by section 171ZL(9) of

that Act (cases involving the placing of a child by a local

authority in England with a local authority foster parent

who has been approved as a prospective adopter).

      (8)
This sub-paragraph applies if—

(a)
the member’s absence from work is due to the birth or

expected birth of a child, and

(b)
in relation to that child, the member satisfies the condition

in section 171ZL(2)(a) of the Social Security Contributions

and Benefits Act 1992, as applied by virtue of section

171ZT(2) of that Act (cases involving applicants for

parental orders under section 54 of the Human Fertilisation

and Embryology Act 2008).” ’.

Jo Swinson

283

Schedule  7,  page  171,  line  31,  at end insert—

‘2B
After paragraph 5B there is inserted—

“Unfair shared parental leave provisions

5C  (1)
Where an employment-related benefit scheme includes any unfair

shared parental leave provisions (irrespective of any differences on

the basis of sex in the treatment accorded to members under those

provisions), then—

(a)
the scheme shall be regarded to that extent as not

complying with the principle of equal treatment; and

(b)
subject to sub-paragraph (3), this Schedule shall apply

accordingly.

      (2)
In this paragraph “unfair shared parental leave provisions”, in

relation to an employment-related benefit scheme, means any

provision—

(a)
which relates to continuing membership of, or the accrual

of rights under, the scheme during any period of paid

shared parental leave in the case of any member who is (or

who, immediately before the commencement of such a

period, was) an employed earner and which treats such a

member otherwise than in accordance with the normal

employment requirement; or

(b)
which requires the amount of any benefit payable under the

scheme to or in respect of any such member, to the extent

that it falls to be determined by reference to earnings during

a period which included a period of paid shared parental

leave, to be determined otherwise than in accordance with

the normal employment requirement.

Public Bill Committee: 16 April 2013
267

Children and Families Bill, continued

      (3)
In the case of any unfair shared parental leave provision—

(a)
the more favourable treatment required by paragraph 3(1)

is treatment no less favourable than would be accorded to

the member in accordance with the normal employment

requirement; and

(b)
paragraph 3(2) does not authorise the making of any such

election as is there mentioned;


but, in respect of any period of paid shared parental leave, a member

shall only be required to pay contributions on the amount of

contractual remuneration or statutory shared parental pay actually

paid to or for the member in respect of that period.

      (4)
In this paragraph—

“the normal employment requirement” is the requirement that any

period of paid shared parental leave shall be treated as if it were a

period throughout which the member in question works normally

and receives the remuneration likely to be paid for doing so;

“period of paid adoption leave” has the same meaning as in paragraph

5B;

“period of paid paternity leave” has the same meaning as in paragraph

5A;

“period of paid shared parental leave”, in the case of a member, means

a period—

(e)
throughout which the member is absent from work in

circumstances where sub-paragraph (5), (6), (7), (8), (9) or (10)

applies, and

(f)
for which the employer (or if the member is no longer in that

person’s employment, his former employer) pays the member

any contractual remuneration or statutory shared parental pay.

      (5)
This sub-paragraph applies if—

(a)
the member’s absence from work is due to the birth of a

child,

(b)
the member is the mother of the child, and

(c)
the absence from work is not absence on maternity leave

(within the meaning of the Equality Act 2010).

      (6)
This sub-paragraph applies if—

(a)
the member’s absence from work is due to the birth of a

child,

(b)
the member is a person who satisfies the conditions

prescribed under section 171ZU(4)(b)(i) or (ii) of the

Social Security Contributions and Benefits Act 1992 in

relation to the child, and

(c)
the member’s absence from work is not absence during a

period of paid paternity leave.

      (7)
This sub-paragraph applies if—

(a)
the member’s absence from work is due to the placement of

a child for adoption under the law of any part of the United

Kingdom,

(b)
the member is—

Public Bill Committee: 16 April 2013
268

Children and Families Bill, continued

(i)
a person with whom a child is placed for adoption

under the law of any part of the United Kingdom,

or

(ii)
a person who satisfies the conditions prescribed

under section 171ZV(4)(b)(i) or (ii) of the Social

Security Contributions and Benefits Act 1992 in

relation to the child, and

(c)
the member’s absence from work is not absence during—

(i)
a period of paid paternity leave, or

(ii)
a period of paid adoption leave.

      (8)
This sub-paragraph applies if—

(a)
the member’s absence from work is due to the placement of

a child under section 22C of the Children Act 1989 by a

local authority in England with a local authority foster

parent who has been approved as a prospective adopter,

(b)
the member is—

(i)
the local authority foster parent with whom the

child in question is placed under section 22C of the

Children Act 1989, or

(ii)
a person who satisfies the conditions prescribed

under section 171ZV(4)(b)(i) or (ii) of the Social

Security Contributions and Benefits Act 1992, as

modified by section 171ZV(18) of that Act (cases

involving the placing of a child by a local authority

in England with a local authority foster parent who

has been approved as a prospective adopter), in

relation to the child, and

(c)
the member’s absence from work is not absence during—

(i)
a period of paid paternity leave, or

(ii)
a period of paid adoption leave.

      (9)
This sub-paragraph applies if—

(a)
the member’s absence from work is due to the adoption or

expected adoption of a child who has entered the United

Kingdom in connection with or for the purposes of

adoption which does not involve placement of the child for

adoption under the law of any part of the United Kingdom,

(b)
the member is—

(i)
the person who has adopted or expects to adopt the

child in question, or

(ii)
a person who satisfies the conditions prescribed

under section 171ZV(4)(b)(i) or (ii) of the Social

Security Contributions and Benefits Act 1992, as

applied by virtue of section 171ZZ5(1) of that Act

(adoption cases not involving placement under the

law of the United Kingdom), in relation to the

child, and

(c)
the member’s absence from work is not absence during—

(i)
a period of paid paternity leave, or

(ii)
a period of paid adoption leave.

    (10)
This sub-paragraph applies if—

Public Bill Committee: 16 April 2013
269

Children and Families Bill, continued

(a)
the member’s absence from work is due to the birth of a

child,

(b)
the member is a person who has applied, or intends to

apply, for a parental order under section 54 of the Human

Fertilisation and Embryology Act 2008 in relation to the

child, and

(c)
the member’s absence from work is not absence during—

(i)
a period of paid paternity leave, or

(ii)
a period of paid adoption leave.” ’.

Lisa Nandy

Sharon Hodgson

323


Clause  97,  page  89,  leave out lines 29 to 31.

Lisa Nandy

Sharon Hodgson

319


Clause  97,  page  89,  leave out lines 29 to 33.

Lisa Nandy

Sharon Hodgson

321


Clause  97,  page  89,  line  26,  after ‘take’, insert ‘reasonable’.

Lisa Nandy

Sharon Hodgson

322


Clause  97,  page  92,  line  21,  after ‘take’, insert ‘reasonable’.

Lisa Nandy

Sharon Hodgson

320


Clause  97,  page  92,  leave out lines 25 to 29.

Lisa Nandy

Sharon Hodgson

324


Clause  97,  page  92,  leave out lines 25 to 27 and insert—

‘(2)
In relation to a singleton pregnancy, an employee is not entitled to take time off

for the purpose specified in subsection (1) on more than two occasions and in

relation to a multiple pregnancy, an employee is not entitled to take time off for

the purpose specified in subsection (1) on more than six occasions.’.

Public Bill Committee: 16 April 2013
270

Children and Families Bill, continued

Lucy Powell

333


Clause  101,  page  108,  line  41,  at end insert—

‘(ca)
subsection(8) is repealed.’.

Lisa Nandy

Mrs Sharon Hodgson

336


Page  109,  line  1,  leave out Clause 102.

Lisa Nandy

Mrs Sharon Hodgson

334


Clause  102,  page  109,  line  10,  leave out ‘If an employer allows an employee to

appeal’ and insert ‘where an employee appeals’.

Lisa Nandy

Mrs Sharon Hodgson

335


Clause  102,  page  109,  line  34,  leave out ‘where the employer allow the employee

to appeal’ and insert ‘where an employee appeals’.

Lisa Nandy

Mrs Sharon Hodgson

337


Clause  103,  page  110,  line  10,  at end insert ‘or

(d)
that the grounds for the employer’s refusal under 80G(1)(b) was not

applicable.’.

New clauses

Amendments to the Health Act 2006

Alex Cunningham

Bill Esterson

Mr Steve Reed

Pat Glass

NC1

To move the following Clause:—

‘(1)
The Health Act 2006 is amended as follows.

(2)
After section 8, insert—



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