Children and Families Bill (HL Bill 83)

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additional” are repealed.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word “ordinary” is repealed.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20the word “ordinary” is repealed.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words “or 80AA” are repealed.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(a) the words “or 80AA” are repealed;

(b) paragraph (za) (leave under section 80AA) is repealed;

(c) the “and” following paragraph (b) is repealed;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(a) the words “or 80BB” are repealed;

(b) the words “or 80AA” are repealed.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(a) the words “or 80BB” are repealed;

(b) paragraph (za) (leave under section 80BB) is repealed;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80AA” are repealed.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 230 (meaning of “employee”, etc), after subsection (6) there is
inserted—

“(7) 5This section has effect subject to section 75K(3) and (5).”

42 In section 235 (other definitions), in subsection (1)—

(a) for the definition of “ordinary or additional paternity leave” there is
substituted—

• ““paternity leave” means leave under section 80A or
  1080B,”;

(b) in the definition of “week”, in paragraph (b), after “in sections” there
is inserted “75F, 75H,”;

(c) at the appropriate place there is inserted—

• ““shared parental leave” means leave under section 75E
  15or 75G,”.

43 In section 236 (orders and regulations), in subsection (3) (affirmative
procedure), the following are repealed—

(a) “80AA,”;

(b) “80BB,”.

20Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2)Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2)

44 The Social Security Contributions (Transfer of Functions, etc.) Act 1999 is
amended as follows.

45 (1) Section 8 (decisions by officers of Revenue and Customs) is amended as
follows.

(2) 25In subsection (1)—

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

(b) in paragraph (f), after “statutory adoption pay” there is inserted “or
30statutory 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
statutory paternity pay and” there is substituted “statutory paternity
pay,”;

(e) 35in paragraph (g), after “statutory adoption pay” there is inserted
“and statutory shared parental pay”;

(f) in paragraph (ga), for “ordinary statutory paternity pay, additional
statutory paternity pay or” there is substituted “statutory paternity
pay,”;

(g) 40in paragraph (ga), after “statutory adoption pay” there is inserted “or
statutory shared parental pay”.

(3) In subsection (3)(b)—

(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”.

46 In section 11 (appeals against decisions of officers of Revenue and Customs),
in subsection (2)(a)—

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

(b) 5after “statutory adoption pay” there is inserted “or statutory shared
parental pay”.

47 (1) Section 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) 10for “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) In subsection (3) (regulations requiring concurrence of the Secretary of
15State)—

(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”.

20Finance Act 1999 (c. 16)Finance Act 1999 (c. 16)

48 (1) Sections 132 and 133 of the Finance Act 1999 have effect as if statutory shared
parental 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
25under Northern Ireland legislation corresponding to the provisions of Part
12ZC of the Social Security Contributions and Benefits Act 1992.

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

49 In Schedule 15 to the Finance Act 2000 (the corporate venturing scheme), in
paragraph 22A (qualifying issuing company: full-time equivalent employee
30number 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
is substituted “, paternity or shared parental”.

Employment Act 2002 (c. 22)Employment Act 2002 (c. 22)

50 The Employment Act 2002 is amended as follows.

51 (1) 35Section 7 (funding of employers’ liabilities as regards certain statutory pay)
is amended as follows.

(2) In 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
40pay and” there is substituted “statutory paternity pay,”;

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

(b) in paragraph (b)—

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

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

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

(a) 15for “ordinary statutory paternity pay, additional statutory paternity
pay 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
20substituted “treating—

“(a) the 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
25parental pay is made,

as the maternity pay period.”

52 (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) 30for “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”.

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

(a) 35in paragraph (a)—

(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
40statutory shared parental pay”;

(b) in paragraph (b)—

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

(ii) 45after “statutory adoption pay” there is inserted “and
statutory 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
5statutory shared parental pay”.

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

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

(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”.

(3) In subsection (2) (persons who may be specified as liable to produce
information or documents), in paragraph (a)—

(a) 15for “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”.

54 In section 11 (penalties for failure to comply), in subsection (6) (failures to
20make payments)—

(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”.

55 (1) 25Section 12 (penalties for fraud or negligence) is amended as follows.

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

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

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

(3) 30In 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
substituted “statutory shared parental pay”;

(b) in paragraph (b), for “additional statutory paternity pay” there is
35substituted “statutory shared parental pay”.

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

(5) In subsection (4) (incorrect payment: statutory adoption pay or additional
statutory paternity pay), for “additional statutory paternity pay” there is
40substituted “statutory shared parental pay”.

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

56 In section 13 (supply of information held by Her Majesty’s Revenue and
45Customs), in subsection (1)—

(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”.

57 (1) 5Section 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
pay or” there is substituted “statutory paternity pay,”;

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

(3) In subsection (2)—

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

(b) 15after “statutory adoption pay” there is inserted “or statutory shared
parental pay”.

58 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
used)—

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

(d) 25after paragraph (b) there is inserted—

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

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

(c) 35for “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)

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

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

(a) 40in 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) statutory shared parental pay;”.

(3) 45In 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
repealed;

(c) 5after paragraph (e) there is inserted—

“(ea) statutory shared parental pay” must be construed in
accordance with sections 171ZU and 171ZV of that
Act;”.

(4) In subsection (5) (interpretation: Northern Ireland)—

(a) 10in paragraph (d) (construction of “ordinary statutory paternity pay”
and “additional statutory paternity pay”), for ““ordinary statutory
paternity pay” and “additional statutory paternity pay”” there is
substituted ““statutory paternity pay””;

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

“(ea) 15statutory shared parental pay” must be construed in
accordance with any Northern Ireland legislation
which corresponds to Part 12ZC of that Act;”.

Income Tax (Earnings and Pensions) Act 2003 (c. 1)Income Tax (Earnings and Pensions) Act 2003 (c. 1)

61 The Income Tax (Earnings and Pensions) Act 2003 is amended as follows.

62 (1) 20Section 660 (taxable benefits: UK benefits - Table A) is amended as follows.

(2) In subsection (1), in Table A, the entry relating to additional statutory
paternity pay is repealed.

(3) In subsection (1), in Table A, in the entry relating to ordinary statutory
paternity pay, in the left hand column, for “Ordinary statutory” there is
25substituted “Statutory”.

(4) In subsection (1), in Table A, after the entry relating to statutory maternity
pay there is inserted—

(5) In subsection (2)—

(a) the entry relating to additional statutory paternity pay is repealed;

(b) 35in the entry relating to ordinary statutory paternity pay, the word
“ordinary” is repealed;

(c) after the entry relating to statutory maternity pay there is inserted—

• “statutory shared parental pay;”.

63 (1) Schedule 5 (enterprise management incentives) is amended as follows.

(2) 40In paragraph 12A (the number of employees requirement), in sub-
paragraph (4) (who is an employee), in paragraph (b)(i) (exception relating

to certain leave), for “or paternity” there is substituted “, paternity or shared
parental”.

(3) In paragraph 26 (eligible employees: requirement as to commitment of
working time), in sub-paragraph (3) (what is committed time), after
5“paternity leave” there is inserted “, shared parental leave”.

Commissioners for Revenue and Customs Act 2005 (c. 11)Commissioners for Revenue and Customs Act 2005 (c. 11)

64 (1) Schedule 1 to the Commissioners for Revenue and Customs Act 2005
(former Inland Revenue matters where functions vest in officers of Revenue
and Customs) is amended as follows.

(2) 10In paragraph 26 (ordinary statutory paternity pay), for “Ordinary statutory”
there is substituted “Statutory”.

(3) Paragraph 26A (additional statutory paternity pay) is repealed.

(4) After paragraph 26A there is inserted—

• “26B. Statutory shared parental pay.”

15Work and Families Act 2006 (c. 18)Work and Families Act 2006 (c. 18)

65 The Work and Families Act 2006 is amended as follows.

66 Sections 3 to 10 (additional paternity leave and additional statutory
paternity pay) are repealed.

67 Section 11(2) (treatment of references to statutory paternity pay) is repealed.

68 20In Schedule 1 (leave and pay related to birth or adoption: further
amendments), paragraphs 1(4), 11, 17, 19, 22, 38(3), 49 and 57(b) are
repealed.

Income Tax Act 2007 (c. 3)Income Tax Act 2007 (c. 3)

69 The Income Tax Act 2007 is amended as follows.

70 25In section 186A (enterprise investment schemes: the number of employees
requirement for an issuing company), in subsection (4) (who is an
employee), in paragraph (b)(i) (exception relating to certain leave), for “or
paternity” there is substituted “, paternity or shared parental”.

71 In section 257DJ (seed enterprise investment schemes: the number of
30employees requirement for an issuing company), in subsection (4) (who is an
employee), in paragraph (b)(i), for “or paternity” there is substituted “,
paternity or shared parental”.

72 In section 297A (venture capital trusts: the number of employees
requirement for a qualifying holding), in subsection (4) (who is an
35employee), in paragraph (b)(i), for “or paternity” there is substituted “,
paternity or shared parental”.

Welfare Reform Act 2007 (c. 5)Welfare Reform Act 2007 (c. 5)

73 (1) Section 20 of the Welfare Reform Act 2007 (relationship with statutory
payments) is amended as follows.

(2) In subsection (6) (no entitlement to an employment and support allowance
during an additional paternity pay period)—

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

(b) 5for “a day that falls within the additional paternity pay period” there
is substituted “a day that falls within a period in respect of which
statutory shared parental pay is payable”.

(3) In subsection (7) (regulations providing for exceptions to subsection (6)), in
paragraph (a), for “additional statutory paternity pay for a period” there is
10substituted “statutory shared parental pay for a period”.

(4) In subsection (8) (definitions), the definition of “the additional paternity pay
period” is repealed.

Pensions Act 2008 (c. 30)Pensions Act 2008 (c. 30)

74 In section 13 of the Pensions Act 2008 (qualifying earnings), in subsection (3)
15(meaning of “earnings”)—

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

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

“(ea) 20statutory shared parental pay under Part 12ZC of that
Act;”.

Welfare Reform Act 2012 (c. 5)Welfare Reform Act 2012 (c. 5)

75 In the Welfare Reform Act 2012, in section 63 (entitlement to be in
employment as condition for receiving maternity allowance or statutory
25pay), subsections (6) and (7) are repealed.