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Repeal of requirement to appoint Children’s Rights Director: transfer schemes |
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1 (1) | The Secretary of State may make a scheme (a “staff transfer scheme”) |
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providing for designated members of staff of the Office for Standards in |
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Education, Children’s Services and Skills (“the Office”) to become members |
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of the Children’s Commissioner’s staff. |
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(2) | A staff transfer scheme may provide— |
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(a) | for the terms and conditions of service of a member of staff of the |
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Office to have effect (subject to any necessary modifications) as the |
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terms and conditions of service as a member of the Children’s |
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(b) | for the transfer to the Children’s Commissioner of the rights, powers, |
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duties and liabilities of the Office under or in connection with the |
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contract of employment of the member of staff; |
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(c) | for anything done (or having effect as if done) before that transfer by |
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or in relation to the Office in respect of such a contract or the member |
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of staff to be treated as having been done by or in relation to the |
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(3) | A staff transfer scheme may provide for a period before a person became a |
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member of the Children’s Commissioner’s staff to count as a period during |
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which he or she was a member of the Commissioner’s staff (and for the |
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operation of the scheme not to be treated as having interrupted the |
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continuity of that period). |
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(4) | A staff transfer scheme may provide for a person who would be treated (by |
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an Act or otherwise) as being dismissed by the operation of the scheme not |
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(5) | A staff transfer scheme may provide for a person who is a member of staff |
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of the Office not to become a member of the Children’s Commissioner’s staff |
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if the person gives notice objecting to the operation of the scheme in relation |
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Property transfer schemes |
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2 (1) | The Secretary of State may make a scheme (a “property transfer scheme”) |
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providing for the transfer to the Children’s Commissioner of designated |
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property, rights or liabilities of the Office. |
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(2) | A property transfer scheme may— |
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(a) | create rights, or impose liabilities, in relation to property or rights |
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transferred by virtue of the scheme; |
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(b) | provide for anything done by or in relation to the Office in |
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connection with any property, rights or liabilities transferred by the |
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scheme to be treated as done, or to be continued, by or in relation to |
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the Children’s Commissioner; |
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(c) | apportion property, rights and liabilities; |
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(d) | make provision about the continuation of legal proceedings. |
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(3) | The things that may be transferred by a property transfer scheme include— |
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(a) | property, rights and liabilities that could not otherwise be |
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(b) | property acquired, and rights and liabilities arising, after the making |
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3 | In the following provisions of this Schedule, a reference to the Office |
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includes a reference to the Chief Inspector— |
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(a) | paragraph 1(2)(b) (to the extent that the Chief Inspector has rights, |
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powers, duties or liabilities under or in connection with the contract |
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of employment of a member of staff of the Office); |
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(b) | paragraph 1(2)(c) (to the extent that anything has been done (or has |
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effect as if done) by or in relation to the Chief Inspector in respect of |
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such a contract or member of staff before a transfer); |
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(c) | paragraph 2(1) (to the extent that the Chief Inspector has property, |
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(d) | paragraph 2(2)(b) (to the extent that anything has been done by or in |
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relation to the Chief Inspector in respect of any property, rights or |
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liabilities transferred by a property transfer scheme). |
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4 | A transfer by virtue of a staff transfer scheme or a property transfer scheme |
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does not affect the validity of anything done by or in relation to the Office or |
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the Chief Inspector before the transfer takes effect. |
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5 | A staff transfer scheme or a property transfer scheme may include |
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supplementary, incidental, transitional and consequential provision. |
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“the Chief Inspector” means Her Majesty’s Chief Inspector of |
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Education, Children’s Services and Skills; |
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“designated”, in relation to a staff transfer scheme or a property transfer |
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scheme, means specified in, or determined in accordance with, the |
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“the Office” has the meaning given in paragraph 1(1). |
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Statutory rights to leave and pay: further amendments |
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Social Security Act 1989 (c. 24) |
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1 | Schedule 5 to the Social Security Act 1989 (employment-related schemes for |
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pensions or other benefits to comply with the principle of equal treatment |
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for men and women) is amended as follows. |
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2 (1) | Paragraph 5A (schemes that contain unfair paternity leave provisions) is |
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(2) | In sub-paragraph (3) (how scheme affected), in the words following |
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paragraph (b), for “, ordinary statutory paternity pay or additional statutory |
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paternity pay” there is substituted “or statutory paternity pay”. |
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(3) | In sub-paragraph (4) (definitions), in the definition of “period of paid |
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(a) | in paragraph (a), after “(6), (7)” there is inserted “, (7A) or (7B)”; |
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(b) | in paragraph (a), the words “or (8)” are repealed; |
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(c) | in paragraph (b), for “, ordinary statutory paternity pay or additional |
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statutory paternity pay” there is substituted “or statutory paternity |
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(4) | In sub-paragraph (7) (type of paid paternity leave: where adoption does not |
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involve placement for adoption under the law of any part of the United |
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Kingdom), for “section 171ZK” there is substituted “section 171ZK(1)”. |
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(5) | 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 |
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or 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 |
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a 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 |
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of the Human Fertilisation and Embryology Act 2008).” |
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(6) | Sub-paragraph (8) (absence from work in circumstances where certain |
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conditions for payment of additional statutory paternity pay are satisfied) is |
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3 (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 |
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adoption leave”, in paragraph (a), for “or (6)” there is substituted “, (6), (7) or |
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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 |
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or 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 |
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Fertilisation and Embryology Act 2008).” |
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4 | 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 |
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on the basis of sex in the treatment accorded to members under |
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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 |
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the scheme to or in respect of any such member, to the |
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extent that it falls to be determined by reference to earnings |
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during a period which included a period of paid shared |
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parental leave, to be determined otherwise than in |
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accordance with 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 |
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member shall only be required to pay contributions on the amount |
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of contractual remuneration or statutory shared parental pay |
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actually paid to or for the member in respect of that period. |
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“the normal employment requirement” is the requirement |
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that any period of paid shared parental leave shall be |
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treated as if it were a period throughout which the member |
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in question works normally and receives the remuneration |
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likely to be paid for doing so; |
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“period of paid adoption leave” has the same meaning as in |
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“period of paid paternity leave” has the same meaning as in |
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“period of paid shared parental leave”, in the case of a |
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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), |
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(b) | for which the employer (or if the member is no longer |
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in that person’s employment, his former employer) |
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pays the member any contractual remuneration or |
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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 Social |
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Security Contributions and Benefits Act 1992 in relation to |
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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 |
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of a child for adoption under the law of any part of the |
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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 |
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of 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 |
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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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|
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|
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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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5 (1) | Section 182 of the Finance Act 1989 (offences relating to disclosure of |
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information relating to social security functions etc) is amended as follows. |
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(2) | In subsection (1) (offence where official discloses information relating to an |
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individual’s tax affairs etc), in paragraph (c) (an individual’s statutory |
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(a) | for “ordinary statutory paternity pay, additional statutory paternity |
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pay or” there is substituted “statutory paternity pay,”; |
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(b) | after “statutory adoption pay” there is inserted “or statutory shared |
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(3) | In subsection (2A) (meaning of “social security functions”), in paragraph |
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(a) | for “ordinary statutory paternity pay, additional statutory paternity |
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pay or” there is substituted “statutory paternity pay,”; |
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(b) | after “statutory adoption pay” there is inserted “or statutory shared |
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(4) | In subsection (4)(c) (offence where person discloses information relating to |
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an individual’s tax affairs etc), in sub-paragraph (iii) (an individual’s |
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statutory benefits and statutory pay)— |
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(a) | for “ordinary statutory paternity pay, additional statutory paternity |
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pay or” there is substituted “statutory paternity pay,”; |
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(b) | after “statutory adoption pay” there is inserted “or statutory shared |
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(5) | In subsection (5)(b) (exception to offence: disclosure with consent)— |
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(a) | for “ordinary statutory paternity pay, additional statutory paternity |
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pay or” there is substituted “statutory paternity pay,”; |
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(b) | after “statutory adoption pay” there is inserted “or statutory shared |
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(6) | In subsection (11A) (references to Great Britain statutory pay to include |
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references to statutory pay under corresponding Northern Ireland |
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(a) | for “ordinary statutory paternity pay, additional statutory paternity |
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pay or” there is substituted “statutory paternity pay,”; |
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(b) | after “statutory adoption pay” there is inserted “or statutory shared |
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(c) | for “or Part 12ZB” there is substituted “, Part 12ZB or Part 12ZC”. |
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Social Security Contributions and Benefits Act 1992 (c. 4) |
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6 | The Social Security Contributions and Benefits Act 1992 is amended as |
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