Session 2012 - 13
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Children and Families Bill


Children and Families Bill
Schedule 6 — Repeal of requirement to appoint Children’s Rights Director: transfer schemes

182

 

Schedule 6

Section 86

 

Repeal 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

5

Education, Children’s Services and Skills (“the Office”) to become members

of 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

10

terms and conditions of service as a member of the Children’s

Commissioner’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;

15

(c)   

for anything done (or having effect as if done) before that transfer by

or 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

20

member of the Children’s Commissioner’s staff to count as a period during

which 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

25

an Act or otherwise) as being dismissed by the operation of the scheme not

to 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

if the person gives notice objecting to the operation of the scheme in relation

30

to him or her.

Property transfer schemes

2     (1)  

The Secretary of State may make a scheme (a “property transfer scheme”)

providing for the transfer to the Children’s Commissioner of designated

property, rights or liabilities of the Office.

35

      (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)   

provide for anything done by or in relation to the Office in

connection with any property, rights or liabilities transferred by the

40

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)   

make provision about the continuation of legal proceedings.

      (3)  

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

45

 
 

Children and Families Bill
Schedule 7 — Statutory rights to leave and pay: further amendments

183

 

(a)   

property, rights and liabilities that could not otherwise be

transferred;

(b)   

property acquired, and rights and liabilities arising, after the making

of the scheme.

The Chief Inspector

5

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,

powers, duties or liabilities under or in connection with the contract

of employment of a member of staff of the Office);

10

(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)   

paragraph 2(1) (to the extent that the Chief Inspector has property,

rights or liabilities);

15

(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).

Continuity

4          

A transfer by virtue of a staff transfer scheme or a property transfer scheme

20

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          

A staff transfer scheme or a property transfer scheme may include

supplementary, incidental, transitional and consequential provision.

25

Interpretation

6          

In this Schedule—

“the Chief Inspector” means Her Majesty’s Chief Inspector of

Education, Children’s Services and Skills;

“designated”, in relation to a staff transfer scheme or a property transfer

30

scheme, means specified in, or determined in accordance with, the

scheme;

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

Schedule 7

Section 96

 

Statutory rights to leave and pay: further amendments

35

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.

 
 

Children and Families Bill
Schedule 7 — Statutory rights to leave and pay: further amendments

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2     (1)  

Paragraph 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”.

5

      (3)  

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

paternity leave”—

(a)   

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

(b)   

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

(c)   

in paragraph (b), for “, ordinary statutory paternity pay or additional

10

statutory paternity pay” there is substituted “or statutory paternity

pay”.

      (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)”.

15

      (5)  

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

20

(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

25

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

30

(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

35

of the Human Fertilisation and Embryology Act 2008).”

      (6)  

Sub-paragraph (8) (absence from work in circumstances where certain

conditions for payment of additional statutory paternity pay are satisfied) is

repealed.

3     (1)  

Paragraph 5B (schemes that contain unfair adoption leave provisions) is

40

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)”.

      (3)  

After sub-paragraph (6) there is inserted—

45

    “(7)  

This sub-paragraph applies if—

 
 

Children and Families Bill
Schedule 7 — Statutory rights to leave and pay: further amendments

185

 

(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

5

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—

10

(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

15

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

parental orders under section 54 of the Human

Fertilisation and Embryology Act 2008).”

4          

After paragraph 5B there is inserted—

“Unfair shared parental leave provisions

20

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

25

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

30

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

35

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

40

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.

      (3)  

In the case of any unfair shared parental leave provision—

45

(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

 
 

Children and Families Bill
Schedule 7 — Statutory rights to leave and pay: further amendments

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(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

5

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

10

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

15

paragraph 5A;

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

member, means a period—

(a)   

throughout which the member is absent from work in

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

20

(9) or (10) applies, and

(b)   

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.

25

      (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

30

(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

35

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.

40

      (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—

45

(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

50

 
 

Children and Families Bill
Schedule 7 — Statutory rights to leave and pay: further amendments

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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.

5

      (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,

10

(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

15

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

20

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.

25

      (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

30

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

35

(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

40

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.

45

     (10)  

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 has applied, or intends to

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

50

 
 

Children and Families Bill
Schedule 7 — Statutory rights to leave and pay: further amendments

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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.”

5

Finance Act 1989 (c. 26)

5     (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)  

In subsection (1) (offence where official discloses information relating to an

individual’s tax affairs etc), in paragraph (c) (an individual’s statutory

10

pay)—

(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”.

15

      (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)   

after “statutory adoption pay” there is inserted “or statutory shared

20

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)   

for “ordinary statutory paternity pay, additional statutory paternity

25

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)   

for “ordinary statutory paternity pay, additional statutory paternity

30

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

references to statutory pay under corresponding Northern Ireland

35

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

parental pay”;

40

(c)   

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

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

6          

The Social Security Contributions and Benefits Act 1992 is amended as

follows.

 
 

 
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Revised 26 April 2013