Children and Families Bill (HC Bill 131)

Children and Families BillPage 170

Deputy Children’s Commissioner

9 (1) In Schedule 1 to the Children Act 2004, in paragraph 5 (staff)—

(a) in sub-paragraph (1) omit “, one of whom shall be appointed as
deputy Children’s Commissioner”,

(b) 5omit sub-paragraph (2), and

(c) in sub-paragraph (3) omit “Without prejudice to sub-paragraph (2),”.

(2) In consequence of paragraph 9

(a) in section 36(6) of the Criminal Justice and Court Services Act 2000
(meaning of “regulated position”), in paragraph (fa) omit “and
10deputy Children’s Commissioner”, and

(b) in the Safeguarding Vulnerable Groups Act 2006, in Part 1 of
Schedule 4 (regulated activity related to children), in sub-paragraph
(1)(i) of paragraph 4 omit “or deputy Children’s Commissioner”.

Section 86

SCHEDULE 6 15Repeal of requirement to appoint Children’s Rights Director: transfer schemes

Staff transfer schemes

1 (1) The Secretary of State may make a scheme (a “staff transfer scheme”)
providing for designated members of staff of the Office for Standards in
Education, Children’s Services and Skills (“the Office”) to become members
20of the Children’s Commissioner’s staff.

(2) A staff transfer scheme may provide—

(a) for the terms and conditions of service of a member of staff of the
Office to have effect (subject to any necessary modifications) as the
terms and conditions of service as a member of the Children’s
25Commissioner’s staff;

(b) for the transfer to the Children’s Commissioner of the rights, powers,
duties and liabilities of the Office under or in connection with the
contract of employment of the member of staff;

(c) for anything done (or having effect as if done) before that transfer by
30or in relation to the Office in respect of such a contract or the member
of staff to be treated as having been done by or in relation to the
Children’s Commissioner.

(3) A staff transfer scheme may provide for a period before a person became a
member of the Children’s Commissioner’s staff to count as a period during
35which he or she was a member of the Commissioner’s staff (and for the
operation of the scheme not to be treated as having interrupted the
continuity of that period).

(4) A staff transfer scheme may provide for a person who would be treated (by
an Act or otherwise) as being dismissed by the operation of the scheme not
40to be so treated.

(5) A staff transfer scheme may provide for a person who is a member of staff
of the Office not to become a member of the Children’s Commissioner’s staff

Children and Families BillPage 171

if the person gives notice objecting to the operation of the scheme in relation
to him or her.

Property transfer schemes

2 (1) The Secretary of State may make a scheme (a “property transfer scheme”)
5providing for the transfer to the Children’s Commissioner of designated
property, rights or liabilities of the Office.

(2) A property transfer scheme may—

(a) create rights, or impose liabilities, in relation to property or rights
transferred by virtue of the scheme;

(b) 10provide for anything done by or in relation to the Office in
connection with any property, rights or liabilities transferred by the
scheme to be treated as done, or to be continued, by or in relation to
the Children’s Commissioner;

(c) apportion property, rights and liabilities;

(d) 15make provision about the continuation of legal proceedings.

(3) The things that may be transferred by a property transfer scheme include—

(a) property, rights and liabilities that could not otherwise be
transferred;

(b) property acquired, and rights and liabilities arising, after the making
20of the scheme.

The Chief Inspector

3 In the following provisions of this Schedule, a reference to the Office
includes a reference to the Chief Inspector—

(a) paragraph 1(2)(b) (to the extent that the Chief Inspector has rights,
25powers, duties or liabilities under or in connection with the contract
of employment of a member of staff of the Office);

(b) paragraph 1(2)(c) (to the extent that anything has been done (or has
effect as if done) by or in relation to the Chief Inspector in respect of
such a contract or member of staff before a transfer);

(c) 30paragraph 2(1) (to the extent that the Chief Inspector has property,
rights or liabilities);

(d) paragraph 2(2)(b) (to the extent that anything has been done by or in
relation to the Chief Inspector in respect of any property, rights or
liabilities transferred by a property transfer scheme).

35Continuity

4 A transfer by virtue of a staff transfer scheme or a property transfer scheme
does not affect the validity of anything done by or in relation to the Office or
the Chief Inspector before the transfer takes effect.

Supplementary provisions

5 40A staff transfer scheme or a property transfer scheme may include
supplementary, incidental, transitional and consequential provision.

Children and Families BillPage 172

Interpretation

6 In this Schedule—

  • “the Chief Inspector” means Her Majesty’s Chief Inspector of
    Education, Children’s Services and Skills;

  • 5“designated”, in relation to a staff transfer scheme or a property transfer
    scheme, means specified in, or determined in accordance with, the
    scheme;

  • “the Office” has the meaning given in paragraph 1(1).

Section 96

SCHEDULE 7 10Statutory rights to leave and pay: further amendments

Social Security Act 1989 (c. 24)Social Security Act 1989 (c. 24)

1 Schedule 5 to the Social Security Act 1989 (employment-related schemes for
pensions or other benefits to comply with the principle of equal treatment
for men and women) is amended as follows.

2 (1) 15Paragraph 5A (schemes that contain unfair paternity leave provisions) is
amended as follows.

(2) In sub-paragraph (3) (how scheme affected), in the words following
paragraph (b), for “, ordinary statutory paternity pay or additional statutory
paternity pay” there is substituted “or statutory paternity pay”.

(3) 20In sub-paragraph (4) (definitions), in the definition of “period of paid
paternity leave”—

(a) in paragraph (a), for “, (7) or (8)” there is substituted “or (7)”;

(b) in paragraph (b), for “, ordinary statutory paternity pay or additional
statutory paternity pay” there is substituted “or statutory paternity
25pay”.

(4) In sub-paragraph (7) (type of paid paternity leave: where adoption does not
involve placement for adoption under the law of any part of the United
Kingdom), for “section 171ZK” there is substituted “section 171ZK(1)”.

(5) Sub-paragraph (8) (absence from work in circumstances where certain
30conditions for payment of additional statutory paternity pay are satisfied) is
repealed.

Finance Act 1989 (c. 26)Finance Act 1989 (c. 26)

3 (1) Section 182 of the Finance Act 1989 (offences relating to disclosure of
information relating to social security functions etc) is amended as follows.

(2) 35In subsection (1) (offence where official discloses information relating to an
individual’s tax affairs etc), in paragraph (c) (an individual’s statutory
pay)—

(a) for “ordinary statutory paternity pay, additional statutory paternity
pay or” there is substituted “statutory paternity pay,”;

(b) 40after “statutory adoption pay” there is inserted “or statutory shared
parental pay”.

Children and Families BillPage 173

(3) In subsection (2A) (meaning of “social security functions”), in paragraph
(a)—

(a) for “ordinary statutory paternity pay, additional statutory paternity
pay or” there is substituted “statutory paternity pay,”;

(b) 5after “statutory adoption pay” there is inserted “or statutory shared
parental pay”.

(4) In subsection (4)(c) (offence where person discloses information relating to
an individual’s tax affairs etc), in sub-paragraph (iii) (an individual’s
statutory benefits and statutory pay)—

(a) 10for “ordinary statutory paternity pay, additional statutory paternity
pay or” there is substituted “statutory paternity pay,”;

(b) after “statutory adoption pay” there is inserted “or statutory shared
parental pay”.

(5) In subsection (5)(b) (exception to offence: disclosure with consent)—

(a) 15for “ordinary statutory paternity pay, additional statutory paternity
pay or” there is substituted “statutory paternity pay,”;

(b) after “statutory adoption pay” there is inserted “or statutory shared
parental pay”.

(6) In subsection (11A) (references to Great Britain statutory pay to include
20references to statutory pay under corresponding Northern Ireland
legislation)—

(a) for “ordinary statutory paternity pay, additional statutory paternity
pay or” there is substituted “statutory paternity pay,”;

(b) after “statutory adoption pay” there is inserted “or statutory shared
25parental pay”;

(c) for “or Part 12ZB” there is substituted “, Part 12ZB or Part 12ZC”.

Social Security Contributions and Benefits Act 1992 (c. 4)Social Security Contributions and Benefits Act 1992 (c. 4)

4 The Social Security Contributions and Benefits Act 1992 is amended as
follows.

5 30In section 1 (outline of contributory system), in subsection (5) (money
provided by Parliament applied in relation to statutory pay)—

(a) for “ordinary statutory paternity pay, additional statutory paternity
pay and” there is substituted “statutory paternity pay,”;

(b) after “statutory adoption pay” there is inserted “and statutory shared
35parental pay”.

6 In section 4 (payments treated as remuneration and earnings), in subsection
(1)(a)—

(a) in sub-paragraph (iii), the word “ordinary” is repealed;

(b) sub-paragraph (iv) (additional statutory paternity pay) and the “or”
40following it are repealed;

(c) for the “and” following sub-paragraph (v) there is substituted “or

(vi) statutory shared parental pay; and.

7 In section 4C (power to make provision in consequence of provision made
by or by virtue of section 4B etc), in subsection (11), in the definition of
45“statutory payment”, in paragraph (a)—

Children and Families BillPage 174

(a) for “ordinary statutory paternity pay, additional statutory paternity
pay or” there is substituted “statutory paternity pay,”;

(b) after “statutory adoption pay” there is inserted “or statutory shared
parental pay”.

8 5In the title of Part 12ZA, the words “Ordinary and additional” are repealed.

9 The italic cross-heading preceding section 171ZA is repealed.

10 (1) Section 171ZA (entitlement to ordinary statutory paternity pay: birth) is
amended as follows.

(2) In subsection (1), for ““ordinary statutory paternity pay”” there is
10substituted ““statutory paternity pay””.

(3) In subsection (4), the word “ordinary” is repealed.

11 (1) Section 171ZB (entitlement to ordinary statutory paternity pay: adoption) is
amended as follows.

(2) In subsection (1), for ““ordinary statutory paternity pay”” there is
15substituted ““statutory paternity pay””.

(3) In subsection (4), the word “ordinary” is repealed.

(4) In subsection (6), the word “ordinary” is repealed.

12 (1) Section 171ZC (entitlement to ordinary statutory paternity pay: general) is
amended as follows.

(2) 20In subsection (1), the word “ordinary”, in both places it occurs, is repealed.

(3) In subsection (2), the word “ordinary” is repealed.

13 (1) Section 171ZD (liability to pay ordinary statutory paternity pay) is amended
as follows.

(2) In subsection (1), the word “ordinary” is repealed.

(3) 25In subsection (2)—

(a) the word “ordinary”, in both places it occurs, is repealed;

(b) the words “or additional statutory paternity pay (or both)” are
repealed.

14 (1) Section 171ZE (rate and period of pay) is amended as follows.

(2) 30In subsection (1), the word “Ordinary” is repealed.

(3) In subsection (2)—

(a) in the words preceding paragraph (a), the word “Ordinary” is
repealed;

(b) in paragraph (b), the word “ordinary” is repealed.

(4) 35In subsection (4), the word “Ordinary” is repealed.

(5) In subsection (5), the word “ordinary” is repealed.

(6) In subsection (7), the word “ordinary”, in both places it occurs, is repealed.

(7) In subsection (8), the word “ordinary” is repealed.

Children and Families BillPage 175

(8) In subsection (10A), the word “ordinary”, in both places it occurs, is
repealed.

(9) In subsection (11), in the definition of “statutory pay week”, the word
“ordinary”, in both places it occurs, is repealed.

15 5The italic cross-heading preceding section 171ZEA is repealed.

16 The italic cross-heading preceding section 171ZF is repealed.

17 In section 171ZF (restrictions on contracting out), in subsection (2)
(agreements which are not void for contracting out), for “ordinary statutory
paternity pay or additional statutory paternity pay” there is substituted
10“statutory paternity pay”.

18 In section 171ZG (relationship with contractual remuneration), subsection
(4) is repealed.

19 (1) Section 171ZJ (provision supplementary to Part 12ZA) is amended as
follows.

(2) 15In subsection (5) (meaning of “week”), for “sections 171ZE and 171ZEE”
there is substituted “section 171ZE”.

(3) In subsection (10)(f) (regulations relating to NHS contracts treated as a single
contract: provision for identifying the employer under the single contract),
for “ordinary statutory paternity pay or additional statutory paternity pay”
20there is substituted “statutory paternity pay”.

20 In section 176 (Parliamentary control of subordinate legislation), in
subsection (1) (affirmative procedure), in paragraph (a), the words “171ZEA
to 171ZEE;” are repealed.

Social Security Administration Act 1992 (c. 5)Social Security Administration Act 1992 (c. 5)

21 25The Social Security Administration Act 1992 is amended as follows.

22 In section 5 (regulations about claims for and payments of benefits), in
subsection (5) (application of provisions of subsection (1) to statutory pay)—

(a) for “ordinary statutory paternity pay, additional statutory paternity
pay and” there is substituted “statutory paternity pay,”;

(b) 30after “statutory adoption pay” there is inserted “and statutory shared
parental pay”.

23 In section 122AA (disclosure of contributions information etc by HMRC), in
subsection (1) (disclosure to HSE etc or because of reciprocal agreements
with other countries)—

(a) 35for “ordinary statutory paternity pay, additional statutory paternity
pay or” there is substituted “statutory paternity pay,”;

(b) after “statutory adoption pay” there is inserted “or statutory shared
parental pay”.

24 In section 150 (annual up-rating of benefits), in subsection (1) (sums to be
40reviewed), in paragraph (j), for “171ZEE(1) or 171ZN(1)” there is substituted
“171ZN(2D)(b) or 171ZY(1)”.

25 In section 163 (general financial arrangements), in subsection (1) (payments
to be made out of the National Insurance Fund), in paragraph (d) (sums

Children and Families BillPage 176

falling to be paid etc by HMRC under regulations relating to forms of
statutory pay)—

(a) for “ordinary statutory paternity pay or additional statutory
paternity pay” there is substituted “statutory paternity pay”;

(b) 5before the words “, falls to be” there is inserted “or statutory shared
parental pay”.

26 (1) Section 165 (adjustments between the National Insurance Fund and the
Consolidated Fund) is amended as follows.

(2) In subsection (1) (payments from National Insurance Fund into
10Consolidated Fund), in paragraph (b) (payments by way of adjustment in
consequence of the operation of legislation relating to forms of statutory
pay)—

(a) in sub-paragraph (iii) (ordinary statutory paternity pay), the word
“ordinary” is repealed;

(b) 15sub-paragraph (iv) (additional statutory paternity pay) and the
“and” following it are repealed;

(c) in sub-paragraph (v), at the end there is inserted “; and

(vi) statutory shared parental pay.

(3) In subsection (5) (payments from National Insurance Fund into
20Consolidated Fund), in paragraph (a) (sums in respect of HMRC
administrative expenses)—

(a) for “ordinary statutory paternity pay, additional statutory paternity
pay or” there is substituted “statutory paternity pay,”;

(b) after “statutory adoption pay” there is inserted “or statutory shared
25parental pay”.

Employment Rights Act 1996 (c. 18)Employment Rights Act 1996 (c. 18)

27 The Employment Rights Act 1996 is amended as follows.

28 In section 27 (meaning of “wages”), in subsection (1) (sums included)—

(a) in paragraph (ca), for “ordinary statutory paternity pay or additional
30statutory paternity pay” there is substituted “statutory paternity
pay”;

(b) after paragraph (cb), there is inserted—

(cc) statutory shared parental pay under Part 12ZC of that
Act,.

29 35In section 47C (right not to be subjected to detriment in connection with
leave for family and domestic reasons), in subsection (2) (reasons that may
be prescribed)—

(a) after paragraph (ba) there is inserted—

(bb) shared parental leave,;

(b) 40in paragraph (ca) (paternity leave), the words “ordinary or
additional” are repealed.

30 In section 80A (entitlement to ordinary paternity leave: birth), in the title, the
word “ordinary” is repealed.

31 In section 80B (entitlement to ordinary paternity leave: adoption), in the title,
45the word “ordinary” is repealed.

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32 (1) Section 80C (rights during and after ordinary and additional paternity leave)
is amended as follows.

(2) In subsection (1) (provision as to rights under section 80A or 80AA), the
words “or 80AA” are repealed.

(3) 5In subsection (2) (absence on leave under section 80A or 80AA may include
a period of other statutory leave)—

(a) the words “or 80AA” are repealed;

(b) paragraph (za) (leave under section 80AA) is repealed;

(c) the “and” following paragraph (b) is repealed;

(d) 10after paragraph (b) there is inserted—

(ba) shared parental leave, and.

(4) In subsection (3) (provision as to rights under section 80B or 80BB)—

(a) the words “or 80BB” are repealed;

(b) the words “or 80AA” are repealed.

(5) 15In subsection (4) (absence on leave under section 80B or 80BB may include a
period of other statutory leave)—

(a) the words “or 80BB” are repealed;

(b) paragraph (za) (leave under section 80BB) is repealed;

(c) after paragraph (b) there is inserted—

(ba) 20shared parental leave,;

(d) in paragraph (d) (leave under section 80A or 80AA), the words “or
80AA” are repealed.

(6) In subsection (6) (provision as to remuneration), for “any of sections 80A to
80BB” there is substituted “section 80A or 80B”.

(7) 25In subsection (7) (provision as to seniority on return etc), for “any of sections
80A to 80BB” there is substituted “section 80A or 80B”.

33 In section 80D (provision as to redundancy or dismissal), in subsection (1),
for “, 80AA, 80B or 80BB” there is substituted “or 80B”.

34 (1) Section 80E (supplemental to Chapter 3 of Part 8) is amended as follows.

(2) 30In subsection (1) (provision that may be made by regulations), for “any of
sections 80A to 80BB”, in each place it occurs, there is substituted “section
80A or 80B”.

(3) Subsection (2) (persons who may be subjected to duties in connection with
employees exercising rights under section 80AA or 80BB) is repealed.

35 (1) 35Section 88 (liability of employer to pay employee during period of notice:
employments with normal working hours) is amended as follows.

(2) In subsection (1)(c) (liability to employee who is absent from work because
of pregnancy etc)—

(a) after “adoption leave,” there is inserted “shared parental leave,”;

(b) 40for “ordinary or additional paternity leave” there is substituted
“paternity leave”.

(3) In subsection (2) (certain payments during the period of notice treated as
meeting employer’s liability)—

Children and Families BillPage 178

(a) for “ordinary statutory paternity pay, additional statutory paternity
pay” there is substituted “statutory paternity pay”;

(b) after “statutory adoption pay,” there is inserted “shared parental
pay, statutory shared parental pay,”.

36 (1) 5Section 89 (effect of notice of termination: employments without normal
working hours) is amended as follows.

(2) In subsection (3)(b) (effect of absence from work because of pregnancy etc
during the period of notice)—

(a) after “adoption leave,” there is inserted “shared parental leave,”;

(b) 10for “ordinary or additional paternity leave” there is substituted
“paternity leave”.

(3) In subsection (4) (certain payments during the period of notice treated as
remuneration)—

(a) for “ordinary statutory paternity pay, additional statutory paternity
15pay” there is substituted “statutory paternity pay”;

(b) after “statutory adoption pay,” there is inserted “shared parental
pay, statutory shared parental pay,”.

37 In section 99 (dismissal to be regarded as unfair where the dismissal relates
to leave for family reasons), in subsection (3) (reasons or sets of
20circumstances that may be prescribed)—

(a) after paragraph (ba) there is inserted—

(bb) shared parental leave,;

(b) in paragraph (ca), for “ordinary or additional paternity leave” there
is substituted “paternity leave”.

38 25In section 106 (dismissal of employee engaged as replacement for person
absent from work because of pregnancy etc), in subsection (2)(a), for “leave
under section 80AA or 80BB (additional paternity leave)” there is
substituted “shared parental leave”.

39 In section 235 (other definitions), in subsection (1)—

(a) 30for the definition of “ordinary or additional paternity leave” there is
substituted—

  • “paternity leave” means leave under section 80A or
    80B,;

(b) in the definition of “week”, in paragraph (b), after “in sections” there
35is inserted “75F, 75H,”;

(c) at the appropriate place there is inserted—

  • “shared parental leave” means leave under section 75E
    or 75G,.

40 In section 236 (orders and regulations), in subsection (3) (affirmative
40procedure), the following are repealed—

(a) “80AA,”;

(b) “80BB,”.

Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2)Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2)

41 The Social Security Contributions (Transfer of Functions, etc.) Act 1999 is
45amended as follows.

Children and Families BillPage 179

42 (1) Section 8 (decisions by officers of Revenue and Customs) is amended as
follows.

(2) In subsection (1)—

(a) in paragraph (f), for “ordinary statutory paternity pay, additional
5statutory paternity pay or” there is substituted “statutory paternity
pay,”;

(b) in paragraph (f), after “statutory adoption pay” there is inserted “or
statutory shared parental pay”;

(c) in paragraph (g), for “to 12ZB” there is substituted “to 12ZC”;

(d) 10in paragraph (g), for “ordinary statutory paternity pay, additional
statutory paternity pay and” there is substituted “statutory paternity
pay,”;

(e) in paragraph (g), after “statutory adoption pay” there is inserted
“and statutory shared parental pay”;

(f) 15in paragraph (ga), for “ordinary statutory paternity pay, additional
statutory paternity pay or” there is substituted “statutory paternity
pay,”;

(g) in paragraph (ga), after “statutory adoption pay” there is inserted “or
statutory shared parental pay”.

(3) 20In subsection (3)(b)—

(a) for “ordinary statutory paternity pay, additional statutory paternity
pay or” there is substituted “statutory paternity pay,”;

(b) after “statutory adoption pay” there is inserted “or statutory shared
parental pay”.

43 25In section 11 (appeals against decisions of officers of Revenue and Customs),
in subsection (2)(a)—

(a) for “ordinary statutory paternity pay, additional statutory paternity
pay or” there is substituted “statutory paternity pay,”;

(b) after “statutory adoption pay” there is inserted “or statutory shared
30parental pay”.

44 (1) Section 14 (matters arising as respects decisions) is amended as follows.

(2) In subsection (1) (regulations as to matters arising pending a decision etc), in
paragraph (a)(i)—

(a) for “ordinary statutory paternity pay, additional statutory paternity
35pay or” there is substituted “statutory paternity pay,”;

(b) after “statutory adoption pay” there is inserted “or statutory shared
parental pay”.

(3) In subsection (3) (regulations requiring concurrence of the Secretary of
State)—

(a) 40for “ordinary statutory paternity pay, additional statutory paternity
pay or” there is substituted “statutory paternity pay,”;

(b) after “statutory adoption pay” there is inserted “or statutory shared
parental pay”.

Finance Act 1999 (c. 16)Finance Act 1999 (c. 16)

45 (1) 45Sections 132 and 133 of the Finance Act 1999 have effect as if statutory shared
parental pay were a matter which is under the care and management of the
Commissioners for Revenue and Customs.