Session 2012 - 13
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Children and Families Bill


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

189

 

7          

In 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

5

parental pay”.

8          

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in sub-paragraph (iii), the word “ordinary” is repealed;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

10

following it are repealed;

(c)   

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

(vi)   

statutory shared parental pay; and”.

9          

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

15

“statutory payment”, 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

parental pay”.

20

10         

In the title of Part 12ZA, the words “Ordinary and additional” are repealed.

11         

The italic cross-heading preceding section 171ZA is repealed.

12    (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

25

substituted ““statutory paternity pay””.

      (3)  

In subsection (4), the word “ordinary” is repealed.

13    (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

30

substituted ““statutory paternity pay””.

      (3)  

In subsection (4), the word “ordinary” is repealed.

      (4)  

In subsection (6), the word “ordinary” is repealed.

14    (1)  

Section 171ZC (entitlement to ordinary statutory paternity pay: general) is

amended as follows.

35

      (2)  

In subsection (1), the word “ordinary”, in both places it occurs, is repealed.

      (3)  

In subsection (2), the word “ordinary” is repealed.

15    (1)  

Section 171ZD (liability to pay ordinary statutory paternity pay) is amended

as follows.

      (2)  

In subsection (1), the word “ordinary” is repealed.

40

      (3)  

In subsection (2)—

(a)   

the word “ordinary”, in both places it occurs, is repealed;

 
 

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

190

 

(b)   

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

repealed.

16    (1)  

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

      (2)  

In subsection (1), the word “Ordinary” is repealed.

      (3)  

In subsection (2)—

5

(a)   

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

repealed;

(b)   

in paragraph (b), the word “ordinary” is repealed.

      (4)  

In subsection (4), the word “Ordinary” is repealed.

      (5)  

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

10

      (6)  

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

      (7)  

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

      (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

15

“ordinary”, in both places it occurs, is repealed.

17         

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

18         

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

19         

In section 171ZF (restrictions on contracting out), in subsection (2)

(agreements which are not void for contracting out), for “ordinary statutory

20

paternity pay or additional statutory paternity pay” there is substituted

“statutory paternity pay”.

20         

In section 171ZG (relationship with contractual remuneration), subsection

(4) is repealed.

21    (1)  

Section 171ZJ (provision supplementary to Part 12ZA) is amended as

25

follows.

      (2)  

In 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),

30

for “ordinary statutory paternity pay or additional statutory paternity pay”

there is substituted “statutory paternity pay”.

22         

In section 176 (Parliamentary control of subordinate legislation), in

subsection (1) (affirmative procedure), in paragraph (a), the words “171ZEA

to 171ZEE;” are repealed.

35

Social Security Administration Act 1992 (c. 5)

23         

The Social Security Administration Act 1992 is amended as follows.

24         

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

40

pay and” there is substituted “statutory paternity pay,”;

 
 

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

191

 

(b)   

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

parental pay”.

25         

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)—

5

(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”.

26         

In section 150 (annual up-rating of benefits), in subsection (1) (sums to be

10

reviewed), in paragraph (j), for “171ZEE(1) or 171ZN(1)” there is substituted

“171ZN(2D)(b) or 171ZY(1)”.

27         

In section 163 (general financial arrangements), in subsection (1) (payments

to be made out of the National Insurance Fund), in paragraph (d) (sums

falling to be paid etc by HMRC under regulations relating to forms of

15

statutory pay)—

(a)   

for “ordinary statutory paternity pay or additional statutory

paternity pay” there is substituted “statutory paternity pay”;

(b)   

before the words “, falls to be” there is inserted “or statutory shared

parental pay”.

20

28    (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

Consolidated Fund), in paragraph (b) (payments by way of adjustment in

consequence of the operation of legislation relating to forms of statutory

25

pay)—

(a)   

in sub-paragraph (iii) (ordinary statutory paternity pay), the word

“ordinary” is repealed;

(b)   

sub-paragraph (iv) (additional statutory paternity pay) and the

“and” following it are repealed;

30

(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

Consolidated Fund), in paragraph (a) (sums in respect of HMRC

administrative expenses)—

35

(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”.

Employment Rights Act 1996 (c. 18)

40

29         

The Employment Rights Act 1996 is amended as follows.

30         

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

(a)   

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

statutory paternity pay” there is substituted “statutory paternity

pay”;

45

 
 

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

192

 

(b)   

after paragraph (cb) there is inserted—

“(cc)   

statutory shared parental pay under Part 12ZC of that

Act,”.

31         

In section 47C (right not to be subjected to detriment in connection with

leave for family and domestic reasons), in subsection (2) (reasons that may

5

be prescribed)—

(a)   

after paragraph (ba) there is inserted—

“(bb)   

shared parental leave,”;

(b)   

in paragraph (ca) (paternity leave), the words “ordinary or

additional” are repealed.

10

32         

In section 80A (entitlement to ordinary paternity leave: birth), in the title, the

word “ordinary” is repealed.

33         

In section 80B (entitlement to ordinary paternity leave: adoption), in the title,

the word “ordinary” is repealed.

34    (1)  

Section 80C (rights during and after ordinary and additional paternity leave)

15

is amended as follows.

      (2)  

In subsection (1) (provision as to rights under section 80A or 80AA), the

words “or 80AA” are repealed.

      (3)  

In subsection (2) (absence on leave under section 80A or 80AA may include

a period of other statutory leave)—

20

(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)   

after paragraph (b) there is inserted—

“(ba)   

shared parental leave, and”.

25

      (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)  

In subsection (4) (absence on leave under section 80B or 80BB may include a

period of other statutory leave)—

30

(a)   

the words “or 80BB” are repealed;

(b)   

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

(c)   

after paragraph (b) there is inserted—

“(ba)   

shared parental leave,”;

(d)   

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

35

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)  

In subsection (7) (provision as to seniority on return etc), for “any of sections

80A to 80BB” there is substituted “section 80A or 80B”.

40

35         

In section 80D (provision as to redundancy or dismissal), in subsection (1),

for “, 80AA, 80B or 80BB” there is substituted “or 80B”.

36    (1)  

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

 
 

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

193

 

      (2)  

In 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.

5

37    (1)  

Section 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,”;

10

(b)   

for “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)—

(a)   

for “ordinary statutory paternity pay, additional statutory paternity

15

pay” there is substituted “statutory paternity pay”;

(b)   

after “statutory adoption pay,” there is inserted “shared parental

pay, statutory shared parental pay,”.

38    (1)  

Section 89 (effect of notice of termination: employments without normal

working hours) is amended as follows.

20

      (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)   

for “ordinary or additional paternity leave” there is substituted

“paternity leave”.

25

      (3)  

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

remuneration)—

(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

30

pay, statutory shared parental pay,”.

39         

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

circumstances that may be prescribed)—

(a)   

after paragraph (ba) there is inserted—

35

“(bb)   

shared parental leave,”;

(b)   

in paragraph (ca), for “ordinary or additional paternity leave” there

is substituted “paternity leave”.

40         

In section 106 (dismissal of employee engaged as replacement for person

absent from work because of pregnancy etc), in subsection (2)(a), for “leave

40

under section 80AA or 80BB (additional paternity leave)” there is

substituted “shared parental leave”.

41         

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

(a)   

for the definition of “ordinary or additional paternity leave” there is

 
 

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

194

 

substituted—

““paternity leave” means leave under section 80A or

80B,”;

(b)   

in the definition of “week”, in paragraph (b), after “in sections” there

is inserted “75F, 75H,”;

5

(c)   

at the appropriate place there is inserted—

““shared parental leave” means leave under section 75E

or 75G,”.

42         

In section 236 (orders and regulations), in subsection (3) (affirmative

procedure), the following are repealed—

10

(a)   

“80AA,”;

(b)   

“80BB,”.

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

43         

The Social Security Contributions (Transfer of Functions, etc.) Act 1999 is

amended as follows.

15

44    (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

statutory paternity pay or” there is substituted “statutory paternity

20

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)   

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

25

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)   

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

30

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)  

In subsection (3)(b)—

35

(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”.

45         

In section 11 (appeals against decisions of officers of Revenue and Customs),

40

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

parental pay”.

45

46    (1)  

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

 
 

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

195

 

      (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

pay or” there is substituted “statutory paternity pay,”;

(b)   

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

5

parental pay”.

      (3)  

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

State)—

(a)   

for “ordinary statutory paternity pay, additional statutory paternity

pay or” there is substituted “statutory paternity pay,”;

10

(b)   

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

parental pay”.

Finance Act 1999 (c. 16)

47    (1)  

Sections 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

15

Commissioners for Revenue and Customs.

      (2)  

In this paragraph “statutory shared parental pay” includes statutory pay

under Northern Ireland legislation corresponding to the provisions of Part

12ZC of the Social Security Contributions and Benefits Act 1992.

Finance Act 2000 (c. 17)

20

48         

In Schedule 15 to the Finance Act 2000 (the corporate venturing scheme), in

paragraph 22A (qualifying issuing company: full-time equivalent employee

number to be less than 50), in sub-paragraph (4) (who is an employee), in

paragraph (b)(i) (exception relating to certain leave), for “or paternity” there

is substituted “, paternity or shared parental”.

25

Employment Act 2002 (c. 22)

49         

The Employment Act 2002 is amended as follows.

50    (1)  

Section 7 (funding of employers’ liabilities as regards certain statutory pay)

is amended as follows.

      (2)  

In subsection (1) (power to make regulations regarding the funding of

30

statutory pay by Her Majesty’s Revenue and Customs)—

(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

parental pay”.

35

      (3)  

In subsection (2) (recovery relating to small employers’ relief)—

(a)   

in paragraph (a)—

(i)   

for “ordinary statutory paternity pay, additional statutory

paternity pay or” there is substituted “statutory paternity

pay,”;

40

(ii)   

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

shared parental pay”;

(b)   

in paragraph (b)—

 
 

 
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Revised 26 April 2013