Children and Families Bill (HL Bill 32)

Property transfer schemes

2 (1) The Secretary of State may make a scheme (a “property transfer scheme”)
providing for the transfer to the Children’s Commissioner of designated
property, rights or liabilities of the Office.

(2) 5A property transfer scheme may—

(a) create rights, or impose liabilities, in relation to property or rights
transferred by virtue of the scheme;

(b) provide for anything done by or in relation to the Office in
connection with any property, rights or liabilities transferred by the
10scheme to be treated as done, or to be continued, by or in relation to
the Children’s Commissioner;

(c) apportion property, rights and liabilities;

(d) make provision about the continuation of legal proceedings.

(3) The things that may be transferred by a property transfer scheme include—

(a) 15property, rights and liabilities that could not otherwise be
transferred;

(b) property acquired, and rights and liabilities arising, after the making
of the scheme.

The Chief Inspector

3 20In the following provisions of this Schedule, a reference to the Office
includes a reference to the Chief Inspector—

(a) paragraph 1(2)(b) (to the extent that the Chief Inspector has rights,
powers, duties or liabilities under or in connection with the contract
of employment of a member of staff of the Office);

(b) 25paragraph 1(2)(c) (to the extent that anything has been done (or has
effect as if done) by or in relation to the Chief Inspector in respect of
such a contract or member of staff before a transfer);

(c) paragraph 2(1) (to the extent that the Chief Inspector has property,
rights or liabilities);

(d) 30paragraph 2(2)(b) (to the extent that anything has been done by or in
relation to the Chief Inspector in respect of any property, rights or
liabilities transferred by a property transfer scheme).

Continuity

4 A transfer by virtue of a staff transfer scheme or a property transfer scheme
35does not affect the validity of anything done by or in relation to the Office or
the Chief Inspector before the transfer takes effect.

Supplementary provisions

5 A staff transfer scheme or a property transfer scheme may include
supplementary, incidental, transitional and consequential provision.

40Interpretation

6 In this Schedule—

• “the Chief Inspector” means Her Majesty’s Chief Inspector of
  Education, Children’s Services and Skills;

Children and Families BillPage 191

• “designated”, in relation to a staff transfer scheme or a property transfer
  scheme, means specified in, or determined in accordance with, the
  scheme;

• “the Office” has the meaning given in paragraph 1(1).

Section 98

5SCHEDULE 7 Statutory rights to leave and pay: further amendments

Social Security Act 1989 (c. 24)Social Security Act 1989 (c. 24)

1 Schedule 5 to the Social Security Act 1989 (employment-related schemes for
pensions or other benefits to comply with the principle of equal treatment
10for men and women) is amended as follows.

2 (1) Paragraph 5A (schemes that contain unfair paternity leave provisions) is
amended as follows.

(2) In sub-paragraph (3) (how scheme affected), in the words following
paragraph (b), for “, ordinary statutory paternity pay or additional statutory
15paternity pay” there is substituted “or statutory paternity pay”.

(3) In sub-paragraph (4) (definitions), in the definition of “period of paid
paternity leave”—

(a) in paragraph (a), after “(6), (7)” there is inserted “, (7A) or (7B)”;

(b) in paragraph (a), the words “or (8)” are repealed;

(c) 20in paragraph (b), for “, ordinary statutory paternity pay or additional
statutory paternity pay” there is substituted “or statutory paternity
pay”.

(4) In sub-paragraph (7) (type of paid paternity leave: where adoption does not
involve placement for adoption under the law of any part of the United
25Kingdom), for “section 171ZK” there is substituted “section 171ZK(1)”.

(5) After sub-paragraph (7) there is inserted—

“(7A) This sub-paragraph applies if—

(a) the member’s absence from work is due to the placement
or expected placement of a child under section 22C of the
30Children Act 1989, and

(b) in relation to that child, the member satisfies the conditions
prescribed under section 171ZB(2)(a)(i) and (ii) of the
Social Security Contributions and Benefits Act 1992, as
modified by section 171ZB(8) of that Act (cases involving
35the placing of a child by a local authority in England with
a local authority foster parent who has been approved as a
prospective adopter).

(7B) This sub-paragraph applies if—

(a) the member’s absence from work is due to the birth or
40expected birth of a child, and

(b) in relation to that child, the member satisfies the conditions
prescribed under section 171ZB(2)(a)(i) and (ii) of the
Social Security Contributions and Benefits Act 1992, as

applied by virtue of section 171ZK(2) of that Act (cases
involving applicants for parental orders under section 54
of the Human Fertilisation and Embryology Act 2008).”

(6) Sub-paragraph (8) (absence from work in circumstances where certain
5conditions for payment of additional statutory paternity pay are satisfied) is
repealed.

3 (1) Paragraph 5B (schemes that contain unfair adoption leave provisions) is
amended as follows.

(2) In sub-paragraph (4) (definitions), in the definition of “period of paid
10adoption leave”, in paragraph (a), for “or (6)” there is substituted “, (6), (7) or
(8)”.

(3) After sub-paragraph (6) there is inserted—

“(7) This sub-paragraph applies if—

(a) the member’s absence from work is due to the placement
15or expected placement of a child under section 22C of the
Children Act 1989, and

(b) in relation to that child, the member satisfies the condition
in section 171ZL(2)(a) of the Social Security Contributions
and Benefits Act 1992, as modified by section 171ZL(9) of
20that Act (cases involving the placing of a child by a local
authority in England with a local authority foster parent
who has been approved as a prospective adopter).

(8) This sub-paragraph applies if—

(a) the member’s absence from work is due to the birth or
25expected birth of a child, and

(b) in relation to that child, the member satisfies the condition
in section 171ZL(2)(a) of the Social Security Contributions
and Benefits Act 1992, as applied by virtue of section
171ZT(2) of that Act (cases involving applicants for
30parental orders under section 54 of the Human
Fertilisation and Embryology Act 2008).”

4 After paragraph 5B there is inserted—

“Unfair shared parental leave provisions

5C (1) Where an employment-related benefit scheme includes any unfair
35shared parental leave provisions (irrespective of any differences
on the basis of sex in the treatment accorded to members under
those provisions), then—

(a) the scheme shall be regarded to that extent as not
complying with the principle of equal treatment; and

(b) 40subject to sub-paragraph (3), this Schedule shall apply
accordingly.

(2) In this paragraph “unfair shared parental leave provisions”, in
relation to an employment-related benefit scheme, means any
provision—

(a) 45which relates to continuing membership of, or the accrual
of rights under, the scheme during any period of paid
shared parental leave in the case of any member who is (or

who, immediately before the commencement of such a
period, was) an employed earner and which treats such a
member otherwise than in accordance with the normal
employment requirement; or

(b) 5which requires the amount of any benefit payable under
the scheme to or in respect of any such member, to the
extent that it falls to be determined by reference to earnings
during a period which included a period of paid shared
parental leave, to be determined otherwise than in
10accordance with the normal employment requirement.

(3) In the case of any unfair shared parental leave provision—

(a) the more favourable treatment required by paragraph 3(1)
is treatment no less favourable than would be accorded to
the member in accordance with the normal employment
15requirement; and

(b) paragraph 3(2) does not authorise the making of any such
election as is there mentioned;

but, in respect of any period of paid shared parental leave, a
member shall only be required to pay contributions on the amount
20of contractual remuneration or statutory shared parental pay
actually paid to or for the member in respect of that period.

(4) In this paragraph—

• “the normal employment requirement” is the requirement
  that any period of paid shared parental leave shall be
  25treated as if it were a period throughout which the member
  in question works normally and receives the remuneration
  likely to be paid for doing so;

• “period of paid adoption leave” has the same meaning as in
  paragraph 5B;

• 30“period of paid paternity leave” has the same meaning as in
  paragraph 5A;

• “period of paid shared parental leave”, in the case of a
  member, means a period—

  (a)

  throughout which the member is absent from work in
  35circumstances where sub-paragraph (5), (6), (7), (8),
  (9) or (10) applies, and

  (b)

  for which the employer (or if the member is no longer
  in that person’s employment, his former employer)
  pays the member any contractual remuneration or
  40statutory shared parental pay.

(5) This sub-paragraph applies if—

(a) the member’s absence from work is due to the birth of a
child,

(b) the member is the mother of the child, and

(c) 45the absence from work is not absence on maternity leave
(within the meaning of the Equality Act 2010).

(6) This sub-paragraph applies if—

(a) the member’s absence from work is due to the birth of a
child,

(b) the member is a person who satisfies the conditions
prescribed under section 171ZU(4)(b)(i) or (ii) of the Social
Security Contributions and Benefits Act 1992 in relation to
the child, and

(c) 5the member’s absence from work is not absence during a
period of paid paternity leave.

(7) This sub-paragraph applies if—

(a) the member’s absence from work is due to the placement
of a child for adoption under the law of any part of the
10United Kingdom,

(b) the member is—

(i) a person with whom a child is placed for adoption
under the law of any part of the United Kingdom,
or

(ii) 15a person who satisfies the conditions prescribed
under section 171ZV(4)(b)(i) or (ii) of the Social
Security Contributions and Benefits Act 1992 in
relation to the child, and

(c) the member’s absence from work is not absence during—

(i) 20a period of paid paternity leave, or

(ii) a period of paid adoption leave.

(8) This sub-paragraph applies if—

(a) the member’s absence from work is due to the placement
of a child under section 22C of the Children Act 1989 by a
25local authority in England with a local authority foster
parent who has been approved as a prospective adopter,

(b) the member is—

(i) the local authority foster parent with whom the
child in question is placed under section 22C of the
30Children Act 1989, or

(ii) a person who satisfies the conditions prescribed
under section 171ZV(4)(b)(i) or (ii) of the Social
Security Contributions and Benefits Act 1992, as
modified by section 171ZV(18) of that Act (cases
35involving the placing of a child by a local authority
in England with a local authority foster parent who
has been approved as a prospective adopter), in
relation to the child, and

(c) the member’s absence from work is not absence during—

(i) 40a period of paid paternity leave, or

(ii) a period of paid adoption leave.

(9) This sub-paragraph applies if—

(a) the member’s absence from work is due to the adoption or
expected adoption of a child who has entered the United
45Kingdom in connection with or for the purposes of
adoption which does not involve placement of the child for
adoption under the law of any part of the United
Kingdom,

(b) the member is—

(i) the person who has adopted or expects to adopt the
child in question, or

(ii) a person who satisfies the conditions prescribed
under section 171ZV(4)(b)(i) or (ii) of the Social
5Security Contributions and Benefits Act 1992, as
applied by virtue of section 171ZZ5(1) of that Act
(adoption cases not involving placement under the
law of the United Kingdom), in relation to the
child, and

(c) 10the member’s absence from work is not absence during—

(i) a period of paid paternity leave, or

(ii) a period of paid adoption leave.

(10) This sub-paragraph applies if—

(a) the member’s absence from work is due to the birth of a
15child,

(b) the member is a person who has applied, or intends to
apply, for a parental order under section 54 of the Human
Fertilisation and Embryology Act 2008 in relation to the
child, and

(c) 20the member’s absence from work is not absence during—

(i) a period of paid paternity leave, or

(ii) a period of paid adoption leave.”

Finance Act 1989 (c. 26)Finance Act 1989 (c. 26)

5 (1) Section 182 of the Finance Act 1989 (offences relating to disclosure of
25information relating to social security functions etc) is amended as follows.

(2) In subsection (1) (offence where official discloses information relating to an
individual’s tax affairs etc), in paragraph (c) (an individual’s statutory
pay)—

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

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

(3) In subsection (2A) (meaning of “social security functions”), in paragraph
(a)—

(a) 35for “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”.

(4) In subsection (4)(c) (offence where person discloses information relating to
40an individual’s tax affairs etc), in sub-paragraph (iii) (an individual’s
statutory benefits and statutory pay)—

(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”.

(5) In subsection (5)(b) (exception to offence: disclosure with consent)—

(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”.

(6) 5In subsection (11A) (references to Great Britain statutory pay to include
references to 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) 10after “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 The Social Security Contributions and Benefits Act 1992 is amended as
15follows.

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) 20after “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) in sub-paragraph (iii), the word “ordinary” is repealed;

(b) 25sub-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 In section 4C (power to make provision in consequence of provision made
30by 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) after “statutory adoption pay” there is inserted “or statutory shared
35parental 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
amended as follows.

(2) 40In 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
amended 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) 5Section 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
10as follows.

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

(3) In subsection (2)—

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

(b) the words “or additional statutory paternity pay (or both)” are
15repealed.

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)—

(a) in the words preceding paragraph (a), the word “Ordinary” is
20repealed;

(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.

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

(7) 25In 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
“ordinary”, in both places it occurs, is repealed.

17 30The 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
paternity pay or additional statutory paternity pay” there is substituted
35“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
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),
5for “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.

10Social 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) for “ordinary statutory paternity pay, additional statutory paternity
15pay 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
subsection (1) (disclosure to HSE etc or because of reciprocal agreements
20with 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
parental pay”.

26 25In 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
to be made out of the National Insurance Fund), in paragraph (d) (sums
30falling 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) before the words “, falls to be” there is inserted “or statutory shared
35parental 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
Consolidated Fund), in paragraph (b) (payments by way of adjustment in
40consequence 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) sub-paragraph (iv) (additional statutory paternity pay) and the
45“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
Consolidated Fund), in paragraph (a) (sums in respect of HMRC
5administrative 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
parental pay”.

10Employment 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
statutory paternity pay” there is substituted “statutory paternity
15pay”;

(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
20leave 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) in paragraph (ca) (paternity leave), the words “ordinary or
25additional” 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,
the word “ordinary” is repealed.

34 (1) 30Section 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) In subsection (2) (absence on leave under section 80A or 80AA may include
35a 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) after paragraph (b) there is inserted—

“(ba) 40shared 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.