Children and Families Bill (HL Bill 59)
PART 7 continued
Contents page 1-9 10-19 20-29 30-39 40-49 50-59 60-69 70-79 80-97 98-99 100-109 110-119 120-129 130-139 140-149 150-158 160-169 170-179 180-189 190-199 Last page
“(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
20Embryology Act 2008 and a child who is, or will be, the subject
of the order, with such modifications as the regulations may
prescribe.
(3)
Regulations under subsection (2) may modify section
171ZL(8)(c) so as to enable regulations to impose requirements
25to make statutory declarations as to—
(a) eligibility to apply for a parental order;
(b) intention to apply for such an order.”
102 Statutory paternity pay: notice requirement and period of payment
(1) The Social Security Contributions and Benefits Act 1992 is amended as follows.
(2)
30In section 171ZC (further provision as to entitlement to statutory paternity
pay)—
(a)
in subsection (1) (requirement to give notice), for the words from “only
if” to the end there is substituted “only if he gives the person who will
be liable to pay it notice of the week or weeks in respect of which he
35expects there to be liability to pay him statutory paternity pay.”;
(b) after subsection (1) there is inserted—
“(1A)
Regulations may provide for the time by which notice under
subsection (1) is to be given.”
(3) In section 171ZE (rate and period of statutory paternity pay)—
(a)
40in subsection (2) (period of pay), for the words from “be payable” to the
end there is substituted “be payable in respect of—
“(a)(a)such week within the qualifying period, or
(b)
such number of weeks, not exceeding the prescribed
number of weeks, within the qualifying period,
45as he may choose in accordance with regulations.”;
Children and Families BillPage 98
(b) after subsection (2) there is inserted—
“(2A)
Provision under subsection (2)(b) is to secure that the
prescribed number of weeks is not less than two.”;
(c) after subsection (2A) (as inserted by paragraph (b)) there is inserted—
“(2B)
5Regulations under subsection (2) may permit a person entitled
to receive statutory paternity pay to choose to receive such pay
in respect of non-consecutive periods each of which is a week or
a number of weeks.”
(4)
In section 176 (Parliamentary control of subordinate legislation), in subsection
10(1) (affirmative procedure), in paragraph (a), after “section 171ZE(1)” there is
inserted “or (2)(b)”.
103 Rate of statutory adoption pay
(1)
In section 171ZN of the Social Security Contributions and Benefits Act 1992
(rate and period of statutory adoption pay)—
(a) 15subsection (1) is repealed;
(b) after subsection (2C) (as inserted by section 99(6)) there is inserted—
“(2D) Statutory adoption pay shall be payable to a person—
(a)
at the earnings-related rate, in respect of the first 6
weeks in respect of which it is payable; and
(b)
20at whichever is the lower of the earnings-related rate
and such weekly rate as may be prescribed, in respect of
the remaining portion of the adoption pay period.
(2E)
The earnings-related rate is a weekly rate equivalent to 90 per
cent of a person’s normal weekly earnings for the period of 8
25weeks ending with the week in which the person is notified that
the person has been matched with a child for the purposes of
adoption.
(2F)
The weekly rate prescribed under subsection (2D)(b) must not
be less than the weekly rate of statutory sick pay for the time
30being specified in section 157(1) or, if two or more such rates are
for the time being so specified, the higher or highest of those
rates.”;
(c)
in subsection (7), for “subsection (2)” there is substituted “subsections
(2) and (2D)”.
(2)
35In section 176 of the Social Security Contributions and Benefits Act 1992
(Parliamentary control of subordinate legislation), in subsection (1)
(affirmative procedure), in paragraph (a), the entry for section 171ZN(1) is
repealed.
104 Abolition of additional paternity leave and additional statutory paternity pay
(1)
40In Part 8 of the Employment Rights Act 1996, sections 80AA and 80BB
(entitlement to additional paternity leave: birth and adoption) are repealed.
(2)
In Part 12ZA of the Social Security Contributions and Benefits Act 1992,
sections 171ZEA to 171ZEE (additional statutory paternity pay: birth and
adoption) are repealed.
Children and Families BillPage 99
Further amendments
105 Further amendments
(1)
Schedule 7 (which contains further amendments relating to statutory rights to
leave and pay) has effect.
(2)
5A reference to ordinary statutory paternity pay in an instrument or document
made before the commencement of paragraphs 12 and 13 of Schedule 7 is to be
read, in relation to any time after that commencement, as a reference to
statutory paternity pay.
(3)
A reference to statutory paternity pay in an enactment (including an enactment
10amended by this Act) or in an instrument or document is to be read, in relation
to any time that falls—
(a)
after the commencement of paragraphs 12 and 13 of Schedule 1 to the
Work and Families Act 2006, and
(b) before the commencement of paragraphs 12 and 13 of Schedule 7,
15as a reference to ordinary statutory paternity pay.
(4)
Subsection (3) does not apply to the extent that a reference to statutory
paternity pay is a reference to additional statutory paternity pay.
Part 8 Time off work: ante-natal care etc
106 20Time off work to accompany to ante-natal appointments
(1) After section 57ZD of the Employment Rights Act 1996 there is inserted—
“Accompanying to ante-natal appointments
57ZE Right to time off to accompany to ante-natal appointment
(1)
An employee who has a qualifying relationship with a pregnant
25woman or her expected child is entitled to be permitted by his or her
employer to take time off during the employee’s working hours in
order that he or she may accompany the woman when she attends by
appointment at any place for the purpose of receiving ante-natal care.
(2)
In relation to any particular pregnancy, an employee is not entitled to
30take time off for the purpose specified in subsection (1) on more than
two occasions.
(3)
On each of those occasions, the maximum time off during working
hours to which the employee is entitled is six and a half hours.
(4)
An employee is not entitled to take time off for the purpose specified in
35subsection (1) unless the appointment is made on the advice of a
registered medical practitioner, registered midwife or registered nurse.
(5)
Where the employer requests the employee to give the employer a
declaration signed by the employee, the employee is not entitled to take
time off for the purpose specified in subsection (1) unless the employee
40gives that declaration (which may be given in electronic form).