Children and Families Bill (HC Bill 5)

(b) after “statutory adoption pay” there is inserted “or statutory shared
parental pay”;

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

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

6 5The Social Security Contributions and Benefits Act 1992 is amended as
follows.

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
10pay and” there is substituted “statutory paternity pay,”;

(b) after “statutory adoption pay” there is inserted “and statutory shared
parental pay”.

8 In section 4 (payments treated as remuneration and earnings), in subsection
(1)(a)—

(a) 15in sub-paragraph (iii), the word “ordinary” is repealed;

(b) sub-paragraph (iv) (additional statutory paternity pay) and the “or”
following it are repealed;

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

“(vi) statutory shared parental pay; and”.

9 20In 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
“statutory payment”, in paragraph (a)—

(a) for “ordinary statutory paternity pay, additional statutory paternity
pay or” there is substituted “statutory paternity pay,”;

(b) 25after “statutory adoption pay” there is inserted “or statutory shared
parental pay”.

10 In the title of Part 12ZA, the words “Ordinary and additional” are repealed.

11 The italic cross-heading preceding section 171ZA is repealed.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
30amended as follows.

(2) In subsection (1), for ““ordinary statutory paternity pay”” there is
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(3) In subsection (4), the word “ordinary” is repealed.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
35amended as follows.

(2) In subsection (1), for ““ordinary statutory paternity pay”” there is
substituted ““statutory paternity pay””.

(3) In subsection (4), the word “ordinary” is repealed.

(4) In subsection (6), the word “ordinary” is repealed.

14 (1) 40Section 171ZC (entitlement to ordinary statutory paternity pay: general) is
amended as follows.

(2) In subsection (1), the word “ordinary”, in both places it occurs, is repealed.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

(3) 5In subsection (2)—

(a) the word “ordinary”, in both places it occurs, is repealed;

(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) 10In subsection (1), the word “Ordinary” is repealed.

(3) In subsection (2)—

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

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

(4) 15In subsection (4), the word “Ordinary” is repealed.

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

(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
20repealed.

(9) In subsection (11), in the definition of “statutory pay week”, the word
“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 25In section 171ZF (restrictions on contracting out), in subsection (2)
(agreements which are not void for contracting out), for “ordinary statutory
paternity pay or additional statutory paternity pay” there is substituted
“statutory paternity pay”.

20 In section 171ZG (relationship with contractual remuneration), subsection
30(4) is repealed.

21 (1) Section 171ZJ (provision supplementary to Part 12ZA) is amended as
follows.

(2) In subsection (5) (meaning of “week”), for “sections 171ZE and 171ZEE”
there is substituted “section 171ZE”.

(3) 35In subsection (10)(f) (regulations relating to NHS contracts treated as a single
contract: provision for identifying the employer under the single contract),
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
40subsection (1) (affirmative procedure), in paragraph (a), the words “171ZEA
to 171ZEE;” are repealed.

Social Security Administration Act 1992 (c. 5)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) 5for “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”.

25 In section 122AA (disclosure of contributions information etc by HMRC), in
10subsection (1) (disclosure to HSE etc or because of reciprocal agreements
with other countries)—

(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
15parental pay”.

26 In section 150 (annual up-rating of benefits), in subsection (1) (sums to be
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
20to 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
statutory pay)—

(a) for “ordinary statutory paternity pay or additional statutory
paternity pay” there is substituted “statutory paternity pay”;

(b) 25before the words “, falls to be” there is inserted “or statutory shared
parental pay”.

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
30Consolidated Fund), in paragraph (b) (payments by way of adjustment in
consequence of the operation of legislation relating to forms of statutory
pay)—

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

(b) 35sub-paragraph (iv) (additional statutory paternity pay) and the
“and” following it are repealed;

(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
40Consolidated Fund), in paragraph (a) (sums in respect of HMRC
administrative expenses)—

(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
45parental pay”.

Employment Rights Act 1996 (c. 18)Employment Rights Act 1996 (c. 18)

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
5statutory paternity pay” there is substituted “statutory paternity
pay”;

(b) after paragraph (cb) there is inserted—

“(cc) statutory shared parental pay under Part 12ZC of that
Act,”.

31 10In section 47C (right not to be subjected to detriment in connection with
leave for family and domestic reasons), in subsection (2) (reasons that may
be prescribed)—

(a) after paragraph (ba) there is inserted—

“(bb) shared parental leave,”;

(b) 15in paragraph (ca) (paternity leave), the words “ordinary or
additional” are repealed.

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,
20the word “ordinary” is repealed.

34 (1) Section 80C (rights during and after ordinary and additional paternity leave)
is amended as follows.

(2) In subsection (1) (provision as to rights under section 80A or 80AA), the
words “or 80AA” are repealed.

(3) 25In subsection (2) (absence on leave under section 80A or 80AA may include
a period of other statutory leave)—

(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) 30after paragraph (b) there is inserted—

“(ba) shared parental leave, and”.

(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) 35In subsection (4) (absence on leave under section 80B or 80BB may include a
period of other statutory leave)—

(a) the words “or 80BB” are repealed;

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

(c) after paragraph (b) there is inserted—

“(ba) 40shared parental leave,”;

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

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) 5Section 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
80A or 80B”.

(3) Subsection (2) (persons who may be subjected to duties in connection with
10employees exercising rights under section 80AA or 80BB) is repealed.

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) 15after “adoption leave,” there is inserted “shared parental leave,”;

(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) 20for “ordinary statutory paternity pay, additional statutory paternity
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
25working hours) is amended as follows.

(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
30“paternity leave”.

(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) 35after “statutory adoption pay,” there is inserted “shared parental
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) 40after paragraph (ba) there is inserted—

“(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
45absent from work because of pregnancy etc), in subsection (2)(a), for “leave

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
5substituted—

• ““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,”;

(c) 10at 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—

(a) 15“80AA,”;

(b) “80BB,”.

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

44 (1) 20Section 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
25pay,”;

(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
30statutory 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
35statutory 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)—

(a) 40for “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),
45in 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”.

46 (1) 5Section 14 (matters arising as respects decisions) is amended as follows.

(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) 10after “statutory adoption pay” there is inserted “or statutory shared
parental pay”.

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

(a) for “ordinary statutory paternity pay, additional statutory paternity
15pay or” there is substituted “statutory paternity pay,”;

(b) after “statutory adoption pay” there is inserted “or statutory shared
parental pay”.

Finance Act 1999 (c. 16)Finance Act 1999 (c. 16)

47 (1) Sections 132 and 133 of the Finance Act 1999 have effect as if statutory shared
20parental pay were a matter which is under the care and management of the
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.

25Finance Act 2000 (c. 17)Finance Act 2000 (c. 17)

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
30is substituted “, paternity or shared parental”.

Employment Act 2002 (c. 22)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) 35In subsection (1) (power to make regulations regarding the funding of
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
40parental pay”.

(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,”;

(ii) after “statutory adoption pay” there is inserted “or statutory
5shared parental pay”;

(b) in paragraph (b)—

(i) for “ordinary statutory paternity pay, additional statutory
paternity pay or” there is substituted “statutory paternity
pay,”;

(ii) 10after “statutory adoption pay” there is inserted “or statutory
shared parental pay”.

(4) In subsection (3) (payments treated as qualifying for small employers’
relief)—

(a) for “ordinary statutory paternity pay, additional statutory paternity
15pay or” there is substituted “statutory paternity pay,”;

(b) after “statutory adoption pay”, in the first place it occurs, there is
inserted “or statutory shared parental pay”;

(c) for the words from “treating the period” to the end there is
substituted “treating—

“(a) 20the period for which the payment of statutory
paternity pay is made,

(b) the payee’s adoption pay period, or

(c) the period for which the payment of statutory shared
parental pay is made,

25as the maternity pay period.”

51 (1) Section 8 (regulations about payment) is amended as follows.

(2) In subsection (1) (power to make regulations with respect to payment by
employers of statutory pay)—

(a) for “ordinary statutory paternity pay, additional statutory paternity
30pay and” there is substituted “statutory paternity pay,”;

(b) after “statutory adoption pay” there is inserted “and statutory shared
parental pay”.

(3) In subsection (2) (further provision as to regulations)—

(a) in paragraph (a)—

(i) 35for “ordinary statutory paternity pay, additional statutory
paternity pay and” there is substituted “statutory paternity
pay,”;

(ii) after “statutory adoption pay” there is inserted “and
statutory shared parental pay”;

(b) 40in paragraph (b)—

(i) for “ordinary statutory paternity pay, additional statutory
paternity pay and” there is substituted “statutory paternity
pay,”;

(ii) after “statutory adoption pay” there is inserted “and
45statutory shared parental pay”;

(c) in paragraph (d)—

(i) for “ordinary statutory paternity pay, additional statutory
paternity pay and” there is substituted “statutory paternity
pay,”;

(ii) after “statutory adoption pay” there is inserted “and
statutory shared parental pay”.

52 (1) Section 10 (powers to require information) is amended as follows.

(2) In subsection (1) (power to make regulations requiring the production of
5information or documents)—

(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”.

(3) 10In subsection (2) (persons who may be specified as liable to produce
information or documents), 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
15parental pay”.

53 In section 11 (penalties for failure to comply), in subsection (6) (failures to
make payments)—

(a) for “ordinary statutory paternity pay, additional statutory paternity
pay or” there is substituted “statutory paternity pay,”;

(b) 20after “statutory adoption pay” there is inserted “or statutory shared
parental pay”.

54 (1) Section 12 (penalties for fraud or negligence) is amended as follows.

(2) In subsection (1) (incorrect statement or declaration: ordinary statutory
paternity pay)—

(a) 25in paragraph (a), the word “ordinary” is repealed;

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

(3) In subsection (2) (incorrect statement or declaration: statutory adoption pay
or additional statutory paternity pay)—

(a) in paragraph (a), for “additional statutory paternity pay” there is
30substituted “statutory shared parental pay”;

(b) in paragraph (b), for “additional statutory paternity pay” there is
substituted “statutory shared parental pay”.

(4) In subsection (3) (incorrect payment: ordinary statutory paternity pay), the
word “ordinary” is repealed.

(5) 35In subsection (4) (incorrect payment: statutory adoption pay or additional
statutory paternity pay), for “additional statutory paternity pay” there is
substituted “statutory shared parental pay”.

(6) In subsection (5) (fraudulently or negligently providing incorrect
information or receiving incorrect payments), the word “ordinary” is
40repealed.

55 In section 13 (supply of information held by Her Majesty’s Revenue and
Customs), in subsection (1)—

(a) for “ordinary statutory paternity pay, additional statutory paternity
pay or” there is substituted “statutory paternity pay,”;

(b) 45after “statutory adoption pay” there is inserted “or statutory shared
parental pay”.

56 (1) Section 14 (supply of information held by the Secretary of State) is amended
as follows.

(2) In subsection (1)—

(a) for “ordinary statutory paternity pay, additional statutory paternity
5pay or” there is substituted “statutory paternity pay,”;

(b) after “statutory adoption pay” there is inserted “or statutory shared
parental pay”.

(3) In subsection (2)—

(a) for “ordinary statutory paternity pay, additional statutory paternity
10pay or” there is substituted “statutory paternity pay,”;

(b) after “statutory adoption pay” there is inserted “or statutory shared
parental pay”.

57 In section 15 (use of information by Her Majesty’s Revenue and Customs),
in subsection (2) (functions for the purposes of which information may be
15used)—

(a) in paragraph (a) (functions relating to ordinary statutory paternity
pay), the word “ordinary” is repealed;

(b) paragraph (aa) (functions relating to additional statutory paternity
pay) is repealed;

(c) 20the “and” following paragraph (b) is repealed;

(d) after paragraph (b) there is inserted—

“(ba) their functions in relation to statutory shared parental
pay; and”.

58 In section 55 (short title etc), in subsection (8) (references to Great Britain
25statutory pay to include statutory pay under corresponding Northern
Ireland 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
30parental pay”;

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

Proceeds of Crime Act 2002 (c. 29)Proceeds of Crime Act 2002 (c. 29)

59 (1) Section 323 of the Proceeds of Crime Act 2002 (Revenue functions) is
amended as follows.

(2) 35In subsection (1) (general Revenue functions)—

(a) in paragraph (g) (ordinary statutory paternity pay), the word
“ordinary” is repealed;

(b) paragraph (ga) (additional statutory paternity pay) is repealed;

(c) after paragraph (h) there is inserted—

“(ha) 40statutory shared parental pay;”.

(3) In subsection (4) (interpretation: Great Britain)—

(a) in paragraph (d), for ““ordinary statutory paternity pay”” there is
substituted ““statutory paternity pay””;

(b) paragraph (da) (meaning of “additional statutory paternity pay”) is
45repealed;