Children and Families Bill (HL Bill 59)

work during each such week is absence on shared parental
leave.

(5) Regulations may provide for—

(a) the determination of the extent of a person’s entitlement to
5statutory shared parental pay in respect of a child;

(b) when statutory shared parental pay is to be payable.

(6) Provision under subsection (5)(a) is to secure that the number of weeks
in respect of which a person is entitled to payments of statutory shared
parental pay in respect of a child does not exceed the number of weeks
10of the maternity pay period reduced by—

(a) where the mother of the child takes action that is treated by
regulations as constituting for the purposes of this section her
return to work without satisfying conditions prescribed under
subsection (2)(h) or, as the case may be, subsection (4)(i)—

(i) 15the number of relevant weeks in respect of which
maternity allowance or statutory maternity pay is
payable to the mother, or

(ii) if that number of relevant weeks is less than a number
prescribed by regulations, that prescribed number of
20weeks, or

(b) except where paragraph (a) applies, the number of weeks to
which the maternity allowance period is reduced by virtue of
section 35(3A) or, as the case may be, the maternity pay period
is reduced by virtue of section 165(3A).

(7) 25In subsection (6)(a) “relevant week” means—

(a) where maternity allowance is payable to a mother, a week or
part of a week falling before the time at which the mother takes
action that is treated by regulations as constituting for the
purposes of this section her return to work;

(b) 30where statutory maternity pay is payable to a mother, a week
falling before the week in which the mother takes action that is
so treated.

For these purposes “week” has the meaning given by section 122(1), in
relation to maternity allowance, or the meaning given by section 165(8),
35in relation to statutory maternity pay.

(8) In determining the number of weeks for the purposes of subsection
(6)(b)—

(a) “week” has the same meaning as in subsection (7), and

(b) a part of a week is to be treated as a week.

(9) 40Provision under subsection (5)(a) is to secure that, where two persons
are entitled to payments of statutory shared parental pay in respect of
a child, the extent of one’s entitlement and the extent of the other’s
entitlement do not, taken together, exceed what would be available to
one person (see subsection (6)).

(10) 45Provision under subsection (5)(b) is to secure that no payment of
statutory shared parental pay may be made to a person in respect of a
child after the end of such period as may be prescribed.

(11) Provision under subsection (5)(b) is to secure that no payment of
statutory shared parental pay in respect of a child may be made to a

person who is the mother of the child before the end of the mother’s
maternity pay period.

(12) Regulations may provide that, where the conditions in subsection (13)
are satisfied in relation to a person who is entitled to statutory shared
5parental pay under subsection (1) or (3) (“V”), V may vary the period or
periods during which V intends to claim statutory shared parental pay
in respect of the child in question, subject to complying with provision
under subsection (14) where that is relevant.

(13) The conditions are—

(a) 10that V has given the person who will be liable to pay statutory
shared parental pay to V notice of an intention to vary the
period or periods during which V intends to claim statutory
shared parental pay;

(b) that a notice under paragraph (a)—

(i) 15is given by such time as may be prescribed, and

(ii) satisfies prescribed conditions as to form and content.

(14) Regulations may provide that, where the conditions in subsection (15)
are satisfied in relation to a person who is entitled to statutory shared
parental pay under subsection (1) or (3) (“V”), V may vary the number
20of weeks in respect of which V intends to claim statutory shared
parental pay.

(15) The conditions are—

(a) that V has given the person who will be liable to pay statutory
shared parental pay to V notice of—

(i) 25the extent to which V has exercised an entitlement to
statutory shared parental pay in respect of the child,

(ii) the extent to which V intends to claim statutory shared
parental pay in respect of the child,

(iii) the extent to which another person has exercised an
30entitlement to statutory shared parental pay in respect
of the child, and

(iv) the extent to which another person intends to claim
statutory shared parental pay in respect of the child;

(b) that a notice under paragraph (a)—

(i) 35is given by such time as may be prescribed, and

(ii) satisfies prescribed conditions as to form and content;

(c) that the person who is P or, as the case may be, M in relation to
V consents to that variation.

(16) A person’s entitlement to statutory shared parental pay under this
40section is not affected by the birth of more than one child as a result of
the same pregnancy.

171ZV Entitlement: adoption

(1) Regulations may provide that, where all the conditions in subsection
(2) are satisfied in relation to a person with whom a child is, or is
45expected to be, placed for adoption under the law of any part of the
United Kingdom (“claimant A”), claimant A is to be entitled in
accordance with the following provisions of this Part to payments to be
known as “statutory shared parental pay”.

(2) The conditions are—

(a) that claimant A and another person (“X”) satisfy prescribed
conditions as to caring or intending to care for the child;

(b) that X satisfies prescribed conditions—

(i) 5as to employment or self-employment,

(ii) as to having earnings of a prescribed amount for a
prescribed period, and

(iii) as to relationship either with the child or with claimant
A;

(c) 10that claimant A has been in employed earner’s employment
with an employer for a continuous period of at least the
prescribed length ending with a prescribed week;

(d) that at the end of that prescribed week claimant A was entitled
to be in that employment;

(e) 15that claimant A’s normal weekly earnings for a prescribed
period ending with a prescribed week are not less than the
lower earnings limit in force under section 5(1)(a) at the end of
that week;

(f) if regulations so provide, that claimant A continues in
20employed earner’s employment (whether or not with the
employer by reference to whom the condition in paragraph (c)
is satisfied) until a prescribed time;

(g) that claimant A became entitled to statutory adoption pay by
reference to the placement for adoption of the child;

(h) 25that claimant A satisfies prescribed conditions as to the
reduction of the duration of the adoption pay period;

(i) that claimant A has given the person who will be liable to pay
statutory shared parental pay to claimant A notice of—

(i) the number of weeks in respect of which claimant A
30would be entitled to claim statutory shared parental pay
in respect of the child if the entitlement were fully
exercised (disregarding for these purposes any intention
of X to claim statutory shared parental pay in respect of
the child),

(ii) 35the number of weeks in respect of which claimant A
intends to claim statutory shared parental pay, and

(iii) the number of weeks in respect of which X intends to
claim statutory shared parental pay;

(j) that claimant A has given the person who will be liable to pay
40statutory shared parental pay to claimant A notice of the period
or periods during which claimant A intends to claim statutory
shared parental pay in respect of the child;

(k) that a notice under paragraph (i) or (j)—

(i) is given by such time as may be prescribed, and

(ii) 45satisfies prescribed conditions as to form and content;

(l) that X consents to the extent of claimant A’s intended claim for
statutory shared parental pay;

(m) that it is claimant A’s intention to care for the child during each
week in respect of which statutory shared parental pay is paid
50to claimant A;

(n) that claimant A is absent from work during each week in
respect of which statutory shared parental pay is paid to
claimant A;

(o) that, where claimant A is an employee within the meaning of
5the Employment Rights Act 1996, claimant A’s absence from
work during each such week is absence on shared parental
leave.

(3) Regulations may provide that, where all the conditions in subsection
(4) are satisfied in relation to a person (“claimant B”), claimant B is to be
10entitled in accordance with the following provisions of this Part to
payments to be known as “statutory shared parental pay”.

(4) The conditions are—

(a) that claimant B and another person (“Y”) who is a person with
whom a child is, or is expected to be, placed for adoption under
15the law of any part of the United Kingdom satisfy prescribed
conditions as to caring or intending to care for the child;

(b) that claimant B satisfies—

(i) prescribed conditions as to relationship with the child,
or

(ii) 20prescribed conditions as to relationship with Y;

(c) that Y satisfies prescribed conditions—

(i) as to employment or self-employment, and

(ii) as to having earnings of a prescribed amount for a
prescribed period;

(d) 25that claimant B has been in employed earner’s employment
with an employer for a continuous period of at least the
prescribed length ending with a prescribed week;

(e) that at the end of that prescribed week claimant B was entitled
to be in that employment;

(f) 30that claimant B’s normal weekly earnings for a prescribed
period ending with a prescribed week are not less than the
lower earnings limit in force under section 5(1)(a) at the end of
that week;

(g) if regulations so provide, that claimant B continues in employed
35earner’s employment (whether or not with the employer by
reference to whom the condition in paragraph (d) is satisfied)
until a prescribed time;

(h) that Y became entitled to statutory adoption pay by reference to
the placement for adoption of the child;

(i) 40that Y satisfies prescribed conditions as to the reduction of the
duration of the adoption pay period;

(j) that claimant B has given the person who will be liable to pay
statutory shared parental pay to claimant B notice of—

(i) the number of weeks in respect of which claimant B
45would be entitled to claim statutory shared parental pay
in respect of the child if the entitlement were fully
exercised (disregarding for these purposes any intention
of Y to claim statutory shared parental pay in respect of
the child),

(ii) 50the number of weeks in respect of which claimant B
intends to claim statutory shared parental pay, and

(iii) the number of weeks in respect of which Y intends to
claim statutory shared parental pay;

(k) that claimant B has given the person who will be liable to pay
statutory shared parental pay to claimant B notice of the period
5or periods during which claimant B intends to claim statutory
shared parental pay in respect of the child;

(l) that a notice under paragraph (j) or (k)—

(i) is given by such time as may be prescribed, and

(ii) satisfies prescribed conditions as to form and content;

(m) 10that Y consents to the extent of claimant B’s intended claim for
statutory shared parental pay;

(n) that it is claimant B’s intention to care for the child during each
week in respect of which statutory shared parental pay is paid
to claimant B;

(o) 15that claimant B is absent from work during each week in respect
of which statutory shared parental pay is paid to claimant B;

(p) that, where claimant B is an employee within the meaning of the
Employment Rights Act 1996, claimant B’s absence from work
during each such week is absence on shared parental leave.

(5) 20Regulations may provide for—

(a) the determination of the extent of a person’s entitlement to
statutory shared parental pay in respect of a child;

(b) when statutory shared parental pay is to be payable.

(6) Provision under subsection (5)(a) is to secure that the number of weeks
25in respect of which a person is entitled to payments of statutory shared
parental pay in respect of a child does not exceed the number of weeks
of the adoption pay period reduced by—

(a) where the person who became entitled to receive statutory
adoption pay takes action that is treated by regulations as
30constituting for the purposes of this section the person’s return
to work without satisfying conditions prescribed under
subsection (2)(h) or, as the case may be, subsection (4)(i)—

(i) the number of relevant weeks in respect of which
statutory adoption pay is payable to the person, or

(ii) 35if that number of relevant weeks is less than a number
prescribed by regulations, that prescribed number of
weeks, or

(b) except where paragraph (a) applies, the number of weeks to
which the adoption pay period has been reduced by virtue of
40section 171ZN(2A).

(7) In subsection (6)(a) “relevant week” means a week falling before the
week in which a person takes action that is treated by regulations as
constituting for the purposes of this section the person’s return to work,
and for these purposes “week” has the meaning given by section
45171ZN(8).

(8) In determining the number of weeks for the purposes of subsection
(6)(b)—

(a) “week” has the same meaning as in subsection (7), and

(b) a part of a week is to be treated as a week.

(9) Provision under subsection (5)(a) is to secure that, where two persons
are entitled to payments of statutory shared parental pay in respect of
a child, the extent of one’s entitlement and the extent of the other’s
entitlement do not, taken together, exceed what would be available to
5one person (see subsection (6)).

(10) Provision under subsection (5)(b) is to secure that no payment of
statutory shared parental pay may be made to a person in respect of a
child after the end of such period as may be prescribed.

(11) Provision under subsection (5)(b) is to secure that no payment of
10statutory shared parental pay in respect of a child may be made to a
person who became entitled to receive statutory adoption pay in
respect of the child before the end of the person’s adoption pay period.

(12) Regulations may provide that, where the conditions in subsection (13)
are satisfied in relation to a person who is entitled to statutory shared
15parental pay under subsection (1) or (3) (“V”), V may vary the period or
periods during which V intends to claim statutory shared parental pay
in respect of the child in question, subject to complying with provision
under subsection (14) where that is relevant.

(13) The conditions are—

(a) 20that V has given the person who will be liable to pay statutory
shared parental pay to V notice of an intention to vary the
period or periods during which V intends to claim statutory
shared parental pay;

(b) that a notice under paragraph (a)—

(i) 25is given by such time as may be prescribed, and

(ii) satisfies prescribed conditions as to form and content.

(14) Regulations may provide that, where the conditions in subsection (15)
are satisfied in relation to a person who is entitled to statutory shared
parental pay under subsection (1) or (3) (“V”), V may vary the number
30of weeks in respect of which V intends to claim statutory shared
parental pay.

(15) The conditions are—

(a) that V has given the person who will be liable to pay statutory
shared parental pay to V notice of—

(i) 35the extent to which V has exercised an entitlement to
statutory shared parental pay in respect of the child,

(ii) the extent to which V intends to claim statutory shared
parental pay in respect of the child,

(iii) the extent to which another person has exercised an
40entitlement to statutory shared parental pay in respect
of the child, and

(iv) the extent to which another person intends to claim
statutory shared parental pay in respect of the child;

(b) that a notice under paragraph (a)—

(i) 45is given by such time as may be prescribed, and

(ii) satisfies prescribed conditions as to form and content;

(c) that the person who is X or, as the case may be, Y in relation to
V consents to that variation.

(16) A person’s entitlement to statutory shared parental pay under this
section is not affected by the placement for adoption of more than one
child as part of the same arrangement.

(17) Regulations are to provide for entitlement to statutory shared parental
5pay in respect of a child placed, or expected to be placed, under section
22C of the Children Act 1989 by a local authority in England with a local
authority foster parent who has been approved as a prospective
adopter.

(18) This section has effect in relation to regulations made by virtue of
10subsection (17) as if—

(a) references to a child being placed for adoption under the law of
any part of the United Kingdom were references to being placed
under section 22C of the Children Act 1989 with a local
authority foster parent who has been approved as a prospective
15adopter;

(b) references to placement for adoption were references to
placement under section 22C with such a person.

171ZW Entitlement: general

(1) Regulations may—

(a) 20provide that the following do not have effect, or have effect
subject to prescribed modifications, in such cases as may be
prescribed—

(i) section 171ZU(2)(a) to (o),

(ii) section 171ZU(4)(a) to (p),

(iii) 25section 171ZU(13)(a) and (b),

(iv) section 171ZU(15)(a) to (c),

(v) section 171ZV(2)(a) to (o),

(vi) section 171ZV(4)(a) to (p),

(vii) section 171ZV(13)(a) and (b), and

(viii) 30section 171ZV(15)(a) to (c);

(b) impose requirements about evidence of entitlement and
procedures to be followed;

(c) specify in what circumstances employment is to be treated as
continuous for the purposes of section 171ZU or 171ZV;

(d) 35provide that a person is to be treated for the purposes of section
171ZU or 171ZV as being employed for a continuous period of
at least the prescribed period where—

(i) the person has been employed by the same employer for
at least the prescribed period under two or more
40separate contracts of service, and

(ii) those contracts were not continuous;

(e) provide for amounts earned by a person under separate
contracts of service with the same employer to be aggregated
for the purposes of section 171ZU or 171ZV;

(f) 45provide that—

(i) the amount of a person’s earnings for any period, or

(ii) the amount of the person’s earnings to be treated as
comprised in any payment made to the person or for the
person’s benefit,

are to be calculated or estimated for the purposes of section
171ZU or 171ZV in such manner and on such basis as may be
prescribed and that for that purpose payments of a particular
class or description made or falling to be made to or by a person
5are, to such extent as may be prescribed, to be disregarded or,
as the case may be, to be deducted from the amount of the
person’s earnings.

(2) The persons upon whom requirements may be imposed by virtue of
subsection (1)(b) include—

(a) 10a person who, in connection with another person’s claim to be
paid statutory shared parental pay, is required to satisfy
conditions prescribed under section 171ZU(2)(b) or (4)(c) or
171ZV(2)(b) or (4)(c);

(b) an employer or former employer of such a person.

(3) 15In subsection (1)(d) “the prescribed period” means the period of the
length prescribed by regulations under section 171ZU(2)(c) or (4)(d) or
171ZV(2)(c) or (4)(d), as the case may be.

171ZX Liability to make payments

(1) The liability to make payments of statutory shared parental pay under
20section 171ZU or 171ZV is a liability of any person of whom the person
entitled to the payments has been an employee as mentioned in section
171ZU(2)(c) or (4)(d) or 171ZV(2)(c) or (4)(d), as the case may be.

(2) Regulations must make provision as to a former employer’s liability to
pay statutory shared parental pay to a person in any case where the
25former employee’s contract of service with the person has been brought
to an end by the former employer solely, or mainly, for the purpose of
avoiding liability for statutory shared parental pay.

(3) The Secretary of State may, with the concurrence of the Commissioners
for Her Majesty’s Revenue and Customs, by regulations specify
30circumstances in which, notwithstanding this section, liability to make
payments of statutory shared parental pay is to be a liability of the
Commissioners.

171ZY Rate and period of pay

(1) Statutory shared parental pay is payable at such fixed or earnings-
35related weekly rate as may be prescribed by regulations, which may
prescribe different kinds of rate for different cases.

(2) Subject to the following provisions of this section, statutory shared
parental pay is payable to a person in respect of each week falling
within a relevant period, up to the number of weeks determined in the
40case of that person in accordance with regulations under section
171ZU(5) or 171ZV(5).

(3) Except in such cases as may be prescribed, statutory shared parental
pay is not payable to a person in respect of a week falling within a
relevant period if it is not the person’s intention at the beginning of the
45week to care for the child by reference to whom the person satisfies—

(a) the condition in section 171ZU(2)(a) or (4)(a), or

(b) the condition in section 171ZV(2)(a) or (4)(a).

(4) Except in such cases as may be prescribed, statutory shared parental
pay is not payable to a person in respect of a week falling within a
relevant period during any part of which week the person works for
any employer.

(5) 5The Secretary of State may by regulations specify circumstances in
which there is to be no liability to pay statutory shared parental pay in
respect of a week falling within a relevant period.

(6) Where for any purpose of this Part or of regulations it is necessary to
calculate the daily rate of statutory shared parental pay, the amount
10payable by way of statutory shared parental pay for any day shall be
taken as one seventh of the weekly rate.

(7) For the purposes of this section a week falls within a relevant period if
it falls within a period specified in a notice under—

(a) section 171ZU(2)(j), (4)(k) or (13)(a), or

(b) 15section 171ZV(2)(j), (4)(k) or (13)(a),

and is not afterwards excluded from such a period by a variation of the
period or periods during which the person in question intends to claim
statutory shared parental pay.

(8) In this section “week”, in relation to a relevant period, means a period
20of seven days beginning with the day of the week on which the relevant
period starts.

171ZZ Restrictions on contracting out

(1) An agreement is void to the extent that it purports—

(a) to exclude, limit or otherwise modify any provision of this Part,
25or

(b) to require a person to contribute (whether directly or indirectly)
towards any costs incurred by that person’s employer or former
employer under this Part.

(2) For the avoidance of doubt, an agreement between an employer and an
30employee, authorising deductions from statutory shared parental pay
which the employer is liable to pay to the employee in respect of any
period, is not void by virtue of subsection (1)(a) if the employer—

(a) is authorised by that or another agreement to make the same
deductions from any contractual remuneration which the
35employer is liable to pay in respect of the same period, or

(b) would be so authorised if the employer were liable to pay
contractual remuneration in respect of that period.

171ZZ1 Relationship with contractual remuneration

(1) Subject to subsections (2) and (3), any entitlement to statutory shared
40parental pay is not to affect any right of a person in relation to
remuneration under any contract of service (“contractual
remuneration”).

(2) Subject to subsection (3)—

(a) any contractual remuneration paid to a person by an employer
45of that person in respect of any period is to go towards
discharging any liability of that employer to pay statutory
shared parental pay to that person in respect of that period; and

(b) any statutory shared parental pay paid by an employer to a
person who is an employee of that employer in respect of any
period is to go towards discharging any liability of that
employer to pay contractual remuneration to that person in
5respect of that period.

(3) Regulations may make provision as to payments which are, and those
which are not, to be treated as contractual remuneration for the
purposes of subsections (1) and (2).

171ZZ2 Crown employment

10The provisions of this Part apply in relation to persons employed by or
under the Crown as they apply in relation to persons employed
otherwise than by or under the Crown.

171ZZ3 Special classes of person

(1) The Secretary of State may with the concurrence of the Treasury make
15regulations modifying any provision of this Part in such manner as the
Secretary of State thinks proper in its application to any person who is,
has been or is to be—

(a) employed on board any ship, vessel, hovercraft or aircraft;

(b) outside Great Britain at any prescribed time or in any
20prescribed circumstances; or

(c) in prescribed employment in connection with continental shelf
operations, as defined in section 120(2).

(2) Regulations under subsection (1) may, in particular, provide—

(a) for any provision of this Part to apply to any such person,
25notwithstanding that it would not otherwise apply;

(b) for any such provision not to apply to any such person,
notwithstanding that it would otherwise apply;

(c) for excepting any such person from the application of any such
provision where the person neither is domiciled nor has a place
30of residence in any part of Great Britain;

(d) for the taking of evidence, for the purposes of the determination
of any question arising under any such provision, in a country
or territory outside Great Britain, by a British consular official or
such other person as may be determined in accordance with the
35regulations.

171ZZ4 Part 12ZC: supplementary

(1) In this Part—

• “adoption pay period” has the meaning given in section 171ZN(2);

• “employer”, in relation to a person who is an employee, means a
  40person who—

  (a)

  under section 6 is liable to pay secondary Class 1
  contributions in relation to any of the earnings of the
  person who is an employee, or

  (b)

  would be liable to pay such contributions but for—

  (i)

  45the condition in section 6(1)(b), or

  (ii)

  the employee being under the age of 16;

Children and Families BillPage 90

• “local authority” has the same meaning as in the Children Act 1989
  (see section 105(1) of that Act);

• “local authority foster parent” has the same meaning as in the
  Children Act 1989 (see section 22C(12) of that Act);

• 5“maternity allowance period” has the meaning given in section
  35(2);

• “maternity pay period” has the meaning given in section 165(1);

• “modifications” includes additions, omissions and amendments,
  and related expressions are to be read accordingly;

• 10“prescribed” means prescribed by regulations.

(2) In this Part “employee” means a person who is gainfully employed in
Great Britain either under a contract of service or in an office (including
elective office) with general earnings (as defined by section 7 of the
Income Tax (Earnings and Pensions) Act 2003).

(3) 15Regulations may provide—

(a) for cases where a person who falls within the definition in
subsection (2) is not to be treated as an employee for the
purposes of this Part, and

(b) for cases where a person who would not otherwise be an
20employee for the purposes of this Part is to be treated as an
employee for those purposes.

(4) Without prejudice to any other power to make regulations under this
Part, regulations may specify cases in which, for the purposes of this
Part or of such provisions of this Part as may be prescribed—

(a) 25two or more employers are to be treated as one;

(b) two or more contracts of service in respect of which the same
person is an employee are to be treated as one.

(5) In this Part, except where otherwise provided, “week” means a period
of seven days beginning with Sunday or such other period as may be
30prescribed in relation to any particular case or class of cases.

(6) For the purposes of this Part, a person’s normal weekly earnings are,
subject to subsection (8), to be taken to be the average weekly earnings
which in the relevant period have been paid to the person or paid for
the person’s benefit under the contract of service with the employer in
35question.

(7) For the purposes of subsection (6) “earnings” and “relevant period”
have the meanings given to them by regulations.

(8) In such cases as may be prescribed, a person’s normal weekly earnings
are to be calculated in accordance with regulations.

(9) 40Where—

(a) in consequence of the establishment of one or more National
Health Service trusts under the National Health Service Act
2006, the National Health Service (Wales) Act 2006 or the
National Health Service (Scotland) Act 1978, a person’s contract
45of employment is treated by a scheme under any of those Acts
as divided so as to constitute two or more contracts, or

(b) an order under paragraph 26(1) of Schedule 3 to the National
Health Service Act 2006 provides that a person’s contract of
employment is so divided,

regulations may make provision enabling the person to elect for all of
5those contracts to be treated as one contract for the purposes of this Part
or such provisions of this Part as may be prescribed.

(10) Regulations under subsection (9) may prescribe—

(a) the conditions that must be satisfied if a person is to be entitled
to make such an election;

(b) 10the manner in which, and the time within which, such an
election is to be made;

(c) the persons to whom, and the manner in which, notice of such
an election is to be given;

(d) the information which a person who makes such an election is
15to provide, and the persons to whom, and the time within
which, the person is to provide it;

(e) the time for which such an election is to have effect;

(f) which one of the person’s employers under two or more
contracts is to be regarded for the purposes of statutory shared
20parental pay as the person’s employer under the contract.

(11) The powers under subsections (9) and (10) are without prejudice to any
other power to make regulations under this Part.

(12) Regulations under any of subsections (4) to (10) must be made with the
concurrence of the Commissioners for Her Majesty’s Revenue and
25Customs.

171ZZ5 Power to apply Part 12ZC

(1) The Secretary of State may by regulations provide for this Part to have
effect in relation to cases which involve adoption, but not the placement
of a child for adoption under the law of any part of the United
30Kingdom, with such modifications as the regulations may prescribe.

(2) The Secretary of State may by regulations provide for this Part to have
effect in relation to cases which involve a person who has applied, or
intends to apply, with another person for a parental order under
section 54 of the Human Fertilisation and Embryology Act 2008 and a
35child who is, or will be, the subject of the order, with such modifications
as the regulations may prescribe.

(3) Where section 171ZW(1)(b) has effect in relation to such cases as are
described in subsection (2), regulations under section 171ZW(1)(b) may
impose requirements to make statutory declarations as to—

(a) 40eligibility to apply for a parental order;

(b) intention to apply for such an order.”

(2) In section 176 of the Social Security Contributions and Benefits Act 1992
(Parliamentary control of subordinate legislation), in subsection (1)
(affirmative procedure), in paragraph (a), at the appropriate place there is
45inserted—

• “any of sections 171ZU to 171ZY;”.

99 Exclusion or curtailment of other statutory rights to pay

(1) The Social Security Contributions and Benefits Act 1992 is amended as follows.

(2) In section 35 (entitlement to maternity allowance), after subsection (3) there is
inserted—

“(3A) 5Regulations may provide for the duration of the maternity allowance
period as it applies to a woman to be reduced, subject to prescribed
restrictions and conditions.

(3B) Regulations under subsection (3A) are to secure that the reduced
period ends at a time—

(a) 10after a prescribed period beginning with the day on which the
woman is confined, and

(b) when at least a prescribed part of the maternity allowance
period remains unexpired.

(3C) Regulations under subsection (3A) may, in particular, prescribe
15restrictions and conditions relating to—

(a) the end of the woman’s entitlement to maternity leave;

(b) the doing of work by the woman;

(c) the taking of prescribed steps by the woman or another person
as regards leave under section 75E of the Employment Rights
20Act 1996 in respect of the child;

(d) the taking of prescribed steps by a person other than the woman
as regards statutory shared parental pay in respect of the child.”

(3) In section 35, after subsection (3C) (as inserted by subsection (2)) there is
inserted—

“(3D) 25A woman who would, but for the reduction in duration of a maternity
pay period by virtue of section 165(3A), be entitled to statutory
maternity pay for a week is not entitled to a maternity allowance for
that week.”

(4) In section 165 (the maternity pay period), after subsection (3) there is
30inserted—

“(3A) Regulations may provide for the duration of the maternity pay period
as it applies to a woman to be reduced, subject to prescribed restrictions
and conditions.

(3B) Regulations under subsection (3A) are to secure that the reduced
35period ends at a time—

(a) after a prescribed period beginning with the day on which the
woman is confined, and

(b) when at least a prescribed part of the maternity pay period
remains unexpired.

(3C) 40Regulations under subsection (3A) may, in particular, prescribe
restrictions and conditions relating to—

(a) the end of the woman’s entitlement to maternity leave;

(b) the doing of work by the woman;

(c) the taking of prescribed steps by the woman or another person
45as regards leave under section 75E of the Employment Rights
Act 1996 in respect of the child;

(d) the taking of prescribed steps by the woman or another person
as regards statutory shared parental pay in respect of the child.”

(5) In section 171ZE (rate and period of statutory paternity pay), after subsection
(3) there is inserted—

“(3A) 5Statutory paternity pay is not payable to a person in respect of a
statutory pay week if—

(a) statutory shared parental pay is payable to that person in
respect of any part of that week or that person takes shared
parental leave in any part of that week, or

(b) 10statutory shared parental pay was payable to that person or that
person has taken shared parental leave in respect of the child
before that week.”

(6) In section 171ZN (rate and period of statutory adoption pay), after subsection
(2) there is inserted—

“(2A) 15Regulations may provide for the duration of the adoption pay period
as it applies to a person (“A”) to be reduced, subject to prescribed
restrictions and conditions.

(2B) Regulations under subsection (2A) are to secure that the reduced
period ends at a time—

(a) 20after a prescribed part of the adoption pay period has expired,
and

(b) when at least a prescribed part of the adoption pay period
remains unexpired.

(2C) Regulations under subsection (2A) may, in particular, prescribe
25restrictions and conditions relating to—

(a) the end of A’s entitlement to adoption leave;

(b) the doing of work by A;

(c) the taking of prescribed steps by A or another person as regards
leave under section 75G of the Employment Rights Act 1996 in
30respect of the child;

(d) the taking of prescribed steps by A or another person as regards
statutory shared parental pay in respect of the child.”

Other statutory rights

100 Statutory rights to leave and pay of prospective adopters with whom looked
35after children are placed

(1) In section 75A of the Employment Rights Act 1996 (ordinary adoption leave),
after subsection (1) there is inserted—

“(1A) The conditions that may be prescribed under subsection (1) include
conditions as to—

(a) 40being a local authority foster parent;

(b) being approved as a prospective adopter;

(c) being notified by a local authority in England that a child is to
be, or is expected to be, placed with the employee under section
22C of the Children Act 1989.”

(2) In section 80B of the Employment Rights Act 1996 (entitlement to ordinary
paternity leave: adoption)—

(a) in subsection (5), after paragraph (a) there is inserted—

“(aa) make provision excluding the right to be absent on leave
5under this section in the case of an employee who, by
virtue of provision under subsection (6A), has already
exercised a right to be absent on leave under this section
in connection with the same child;”;

(b) after subsection (6) there is inserted—

“(6A) 10Regulations under subsection (1) shall include provision for
leave in respect of a child placed, or expected to be placed,
under section 22C of the Children Act 1989 by a local authority
in England with a local authority foster parent who has been
approved as a prospective adopter.

(6B) 15This section has effect in relation to regulations made by virtue
of subsection (6A) as if—

(a) references to being placed for adoption were references
to being placed under section 22C of the Children Act
1989 with a local authority foster parent who has been
20approved as a prospective adopter;

(b) references to placement for adoption were references to
placement under section 22C with such a person;

(c) paragraph (aa) of subsection (5) were omitted.”

(3) In section 171ZB of the Social Security Contributions and Benefits Act 1992
25(entitlement to ordinary statutory paternity pay: adoption), after subsection (7)
there is inserted—

“(8) This section has effect in a case involving a child placed under section
22C of the Children Act 1989 by a local authority in England with a local
authority foster parent who has been approved as a prospective
30adopter with the following modifications—

(a) the references in subsection (2) to a child being placed for
adoption under the law of any part of the United Kingdom are
to be treated as references to a child being placed under section
22C in that manner;

(b) 35the reference in subsection (3) to the week in which the adopter
is notified of being matched with the child for the purposes of
adoption is to be treated as a reference to the week in which the
prospective adopter is notified that the child is to be, or is
expected to be, placed with the prospective adopter under
40section 22C;

(c) the reference in subsection (6) to placement for adoption is to be
treated as a reference to placement under section 22C;

(d) the definition in subsection (7) is to be treated as if it were a
definition of “prospective adopter”.

(9) 45Where, by virtue of subsection (8), a person becomes entitled to
statutory paternity pay in connection with the placement of a child
under section 22C of the Children Act 1989, the person may not become
entitled to payments of statutory paternity pay in connection with the
placement of the child for adoption.”

(4) In section 171ZE of the Social Security Contributions and Benefits Act 1992
(rate and period of pay), after subsection (11) there is inserted—

“(12) Where statutory paternity pay is payable to a person by virtue of
section 171ZB(8), this section has effect as if—

(a) 5the references in subsections (3)(b) and (10) to placement for
adoption were references to placement under section 22C of the
Children Act 1989;

(b) the references in subsection (10) to being placed for adoption
were references to being placed under section 22C.”

(5) 10In section 171ZL of the Social Security Contributions and Benefits Act 1992
(entitlement to statutory adoption pay), after subsection (8) there is inserted—

“(9) This section has effect in a case involving a child who is, or is expected
to be, placed under section 22C of the Children Act 1989 by a local
authority in England with a local authority foster parent who has been
15approved as a prospective adopter with the following modifications—

(a) the references in subsections (2)(a) and (4A)(a) to a child being
placed for adoption under the law of any part of the United
Kingdom are to be treated as references to a child being placed
under section 22C in that manner;

(b) 20the reference in subsection (3) to the week in which the person
is notified that he has been matched with the child for the
purposes of adoption is to be treated as a reference to the week
in which the person is notified that the child is to be, or is
expected to be, placed with him under section 22C;

(c) 25the references in subsection (4B)(a) to adoption are to be treated
as references to placement under section 22C;

(d) the reference in subsection (5) to placement, or expected
placement, for adoption is to be treated as a reference to
placement, or expected placement, under section 22C.

(10) 30Where, by virtue of subsection (9), a person becomes entitled to
statutory adoption pay in respect of a child who is, or is expected to be,
placed under section 22C of the Children Act 1989, the person may not
become entitled to payments of statutory adoption pay as a result of the
child being, or being expected to be, placed for adoption.”

(6) 35In section 171ZN of the Social Security Contributions and Benefits Act 1992
(rate and period of pay), after subsection (8) there is inserted—

“(9) Where statutory adoption pay is payable to a person by virtue of
section 171ZL(9), this section has effect as if the reference in subsection
(2E) to the week in which the person is notified that he has been
40matched with a child for the purposes of adoption were a reference to
the week in which the person is notified that a child is to be, or is
expected to be, placed with him under section 22C of the Children Act
1989.”

(7) In the Social Security Contributions and Benefits Act 1992—

(a) 45in section 171ZJ(1), at the appropriate place there is inserted—

• ““local authority” has the same meaning as in the Children
  Act 1989 (see section 105(1) of that Act);”;

• ““local authority foster parent” has the same meaning as in
  the Children Act 1989 (see section 22C(12) of that Act);”;

(b) in section 171ZS(1), at the appropriate place there is inserted—

• ““local authority” has the same meaning as in the Children
  Act 1989 (see section 105(1) of that Act);”;

• ““local authority foster parent” has the same meaning as in
  5the Children Act 1989 (see section 22C(12) of that Act);”.

101 Statutory rights to leave and pay of applicants for parental orders

(1) In section 75A of the Employment Rights Act 1996 (ordinary adoption leave),
after subsection (7) there is inserted—

“(8) The Secretary of State may by regulations provide for this section to
10have effect in relation to cases which involve an employee who has
applied, or intends to apply, with another person for a parental order
under section 54 of the Human Fertilisation and Embryology Act 2008
and a child who is, or will be, the subject of the order, with such
modifications as the regulations may prescribe.”

(2) 15In section 75B of the Employment Rights Act 1996 (additional adoption leave),
after subsection (8) there is inserted—

“(9) The Secretary of State may by regulations provide for this section to
have effect in relation to cases which involve an employee who has
applied, or intends to apply, with another person for a parental order
20under section 54 of the Human Fertilisation and Embryology Act 2008
and a child who is, or will be, the subject of the order, with such
modifications as the regulations may prescribe.”

(3) In section 75D of the Employment Rights Act 1996 (supplemental provision
about adoption leave), after subsection (1) there is inserted—

“(1A) 25Where section 75A or 75B has effect in relation to such cases as are
described in section 75A(8) or 75B(9), regulations under section 75A or
75B about evidence to be produced may require statutory declarations
as to—

(a) eligibility to apply for a parental order;

(b) 30intention to apply for such an order.”

(4) In section 80B of the Employment Rights Act 1996 (entitlement to ordinary
paternity leave: adoption), after subsection (8) there is inserted—

“(9) The Secretary of State may by regulations provide for this section to
have effect in relation to cases which involve an employee who has
35applied, or intends to apply, with another person for a parental order
under section 54 of the Human Fertilisation and Embryology Act 2008
and a child who is, or will be, the subject of the order, with such
modifications as the regulations may prescribe.”

(5) In section 171ZK of the Social Security Contributions and Benefits Act 1992
40(power to apply Part 12ZA, statutory paternity pay, to adoption cases not
involving placement)—

(a) in the title, the words “to adoption cases not involving placement” are
repealed;

(b) the existing text becomes subsection (1);

(c) after that subsection there is inserted—

“(2) The Secretary of State may by regulations provide for this Part
to have effect in relation to cases which involve a person who
has applied, or intends to apply, with another person for a
5parental order under section 54 of the Human Fertilisation and
Embryology Act 2008 and a child who is, or will be, the subject
of the order, with such modifications as the regulations may
prescribe.”

(6) In section 171ZT of the Social Security Contributions and Benefits Act 1992
10(power to apply Part 12ZB, statutory adoption pay, to adoption cases not
involving placement)—

(a) in the title, the words “to adoption cases not involving placement” are
repealed;

(b) the existing text becomes subsection (1);

(c) 15after that subsection there is inserted—