“(3A) Regulations may provide for circumstances in which subsection
(2)(ba) above does not apply.”

(5) In section 171ZB (ordinary statutory paternity pay: adoption)—

(a) 15in subsection (2), after paragraph (b) there is inserted—

“(ba) that at the end of the relevant week he was entitled to be
in that employment;”;

(b) after subsection (3) there is inserted—

“(3A) Regulations may provide for circumstances in which subsection
20(2)(ba) above does not apply.”

(6) In section 171ZEA (additional statutory paternity pay: birth)—

(a) in subsection (2), after paragraph (b) there is inserted—

“(ba) that at the end of that prescribed week the claimant was
entitled to be in that employment;”;

(b) 25in subsection (3), before paragraph (a) there is inserted—

“(za) exclude the application of the condition mentioned in
paragraph (ba) of subsection (2) in prescribed
circumstances,”.

(7) In section 171ZEB (additional statutory paternity pay: adoption)—

(a) 30in subsection (2), after paragraph (b) there is inserted—

“(ba) that at the end of that prescribed week the claimant was
entitled to be in that employment;”;

(b) in subsection (3), before paragraph (a) there is inserted—

“(za) exclude the application of the condition mentioned in
35paragraph (ba) of subsection (2) in prescribed
circumstances,”.

(8) In section 171ZL (statutory adoption pay: entitlement)—

(a) in subsection (2), after paragraph (b) there is inserted—

“(ba) that at the end of the relevant week he was entitled to be
40in that employment;”;

(b) in subsection (3), after “(2)(b)” there is inserted “, (ba)”;

(c) in subsection (8), before paragraph (a) there is inserted—

“(za) exclude the application of subsection (2)(ba) above in
prescribed circumstances;”.