Children and Families Bill

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
184

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
186

(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
187

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
188

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.