|
| |
|
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 |
| |
8 | In section 4 (payments treated as remuneration and earnings), in subsection |
| |
| |
(a) | in sub-paragraph (iii), the word “ordinary” is repealed; |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following it are repealed; |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 |
| |
| 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10 | In the title of Part 12ZA, the words “Ordinary and additional” are repealed.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11 | The italic cross-heading preceding section 171ZA is repealed.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 |
| |
| |
(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(3) | In subsection (4), the word “ordinary” is repealed.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 |
| |
| |
(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(3) | In subsection (4), the word “ordinary” is repealed.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(4) | In subsection (6), the word “ordinary” is repealed.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 |
| |
| 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(2) | In subsection (1), the word “ordinary”, in both places it occurs, is repealed.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(3) | In subsection (2), the word “ordinary” is repealed.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 |
| |
| |
(2) | In subsection (1), the word “ordinary” is repealed. |
| 40 |
| |
(a) | the word “ordinary”, in both places it occurs, is repealed; |
| |
|
| |
|
| |
|
(b) | the words “or additional statutory paternity pay (or both)” are |
| |
| |
16 (1) | Section 171ZE (rate and period of pay) is amended as follows. |
| |
(2) | In subsection (1), the word “Ordinary” is repealed. |
| |
| 5 |
(a) | in the words preceding paragraph (a), the word “Ordinary” is |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
21 (1) | Section 171ZJ (provision supplementary to Part 12ZA) is amended as |
| 25 |
| |
(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,”; |
| |
|
| |
|
| |
|
(b) | after “statutory adoption pay” there is inserted “and statutory shared |
| |
| |
25 | In section 122AA (disclosure of contributions information etc by HMRC), in |
| |
subsection (1) (disclosure to HSE etc or because of reciprocal agreements |
| |
| 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 |
| |
| |
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 |
| |
(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 |
| |
| 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 |
| |
(a) | in sub-paragraph (iii) (ordinary statutory paternity pay), the word |
| |
| |
(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 |
| |
| |
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 |
| |
| 45 |
|
| |
|
| |
|
(b) | after paragraph (cb) there is inserted— |
| |
“(cc) | statutory shared parental pay under Part 12ZC of that |
| |
| |
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 |
| |
(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 |
| |
(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 |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(a) | after “adoption leave,” there is inserted “shared parental leave,”; |
| 10 |
(b) | for “ordinary or additional paternity leave” there is substituted |
| |
| |
(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 |
| |
| 25 |
(3) | In subsection (4) (certain payments during the period of notice treated as |
| |
| |
(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 |
| |
|
| |
|
| |
|
| |
““paternity leave” means leave under section 80A or |
| |
| |
(b) | in the definition of “week”, in paragraph (b), after “in sections” there |
| |
| 5 |
(c) | at the appropriate place there is inserted— |
| |
““shared parental leave” means leave under section 75E |
| |
| |
42 | In section 236 (orders and regulations), in subsection (3) (affirmative |
| |
procedure), the following are repealed— |
| 10 |
| |
| |
Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) |
| |
43 | The Social Security Contributions (Transfer of Functions, etc.) Act 1999 is |
| |
| 15 |
44 (1) | Section 8 (decisions by officers of Revenue and Customs) is amended as |
| |
| |
| |
(a) | in paragraph (f), for “ordinary statutory paternity pay, additional |
| |
statutory paternity pay or” there is substituted “statutory paternity |
| 20 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
45 | In section 11 (appeals against decisions of officers of Revenue and Customs), |
| 40 |
| |
(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 |
| |
| 45 |
46 (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 |
| |
| |
(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 |
| |
(3) | In subsection (3) (regulations requiring concurrence of the Secretary of |
| |
| |
(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 |
| |
| |
| |
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. |
| |
| 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) |
| |
| |
(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 |
| |
| 35 |
(3) | In subsection (2) (recovery relating to small employers’ relief)— |
| |
| |
(i) | for “ordinary statutory paternity pay, additional statutory |
| |
paternity pay or” there is substituted “statutory paternity |
| |
| 40 |
(ii) | after “statutory adoption pay” there is inserted “or statutory |
| |
| |
| |
|
| |
|