Work and Families Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Work and Families Bill

Work and Families Bill
Schedule 1 — Leave and pay related to birth or adoption: further amendments
19

insert—
“(2A)
Regulations under subsection (2) may specify circumstances in
which an employee may work for his employer during an ordinary
adoption leave period without bringing the period to an end.”
34
In section 75B of ERA 1996 (additional adoption leave), for subsection (3)
5
substitute—
“(3)
Regulations under subsection (2)—
(a)
may allow an employee to choose, subject to prescribed
restrictions, the date on which an additional adoption leave
period ends;
10
(b)
may specify circumstances in which an employee may work
for his employer during an additional adoption leave period
without bringing the period to an end.”
35
In the heading to section 80A of ERA 1996 (entitlement to paternity leave:
birth), after “to” insert “ordinary”.
15
36
In the heading to section 80B of ERA 1996 (entitlement to paternity leave:
adoption), after “to” insert “ordinary”.
37
In section 80D of ERA 1996 (special cases), in subsection (1) for “80A or 80B”
substitute “80A, 80AA, 80B or 80BB”.
38    (1)
Section 80E of ERA 1996 (Chapter 3: supplemental) is amended as follows.
20
      (2)
For “section 80A or 80B”, wherever occurring, substitute “any of sections
80A to 80BB”.
      (3)
Renumber the provision as so amended to become subsection (1) of the
section and at the end insert—
“(2)
The employers on whom duties may be imposed by regulations
25
under section 80AA or 80BB include not only employees exercising
rights by virtue of that section and their employers but also—
(a)
in the case of section 80AA, the mother of the child in
question and any employer or former employer of hers, and
(b)
in the case of section 80BB, the person by reference to whom
30
the condition in subsection (1)(c) of that section is satisfied
and any employer or former employer of that person.”
39    (1)
Section 88 of ERA 1996 (employments with normal working hours) is
amended as follows.
      (2)
In subsection (1)(c), for “paternity leave” substitute “ordinary or additional
35
paternity leave”.
      (3)
In subsection (2), for “statutory paternity pay” substitute “ordinary statutory
paternity pay, additional statutory paternity pay”.
40    (1)
Section 89 of ERA 1996 (employments without normal working hours) is
amended as follows.
40
      (2)
In subsection (3)(b), for “paternity leave” substitute “ordinary or additional
paternity leave”.
      (3)
In subsection (4), for “statutory paternity pay” substitute “ordinary statutory
paternity pay, additional statutory paternity pay”.

Work and Families Bill
Schedule 1 — Leave and pay related to birth or adoption: further amendments
20

41
In section 99 of ERA 1996 (leave for family reasons), in subsection (3), for
paragraph (ca) substitute—
“(ca)
ordinary or additional paternity leave, or”.
42
In section 235 of ERA 1996 (other definitions), for the definition of “paternity
leave” substitute—
5
“ “ordinary or additional paternity leave” means leave under
any of sections 80A to 80BB,”.
43
In section 236 of ERA 1996 (orders and regulations), in subsection (3)
(affirmative procedure), for “80A, 80B, 80G” substitute “80A, 80AA, 80B,
80BB, 80G”.
10
Finance Act 1997 (c. 16)
44
In section 110 of the Finance Act 1997 (obtaining information from social
security authorities), in subsection (5A), for “statutory paternity pay”
substitute “ordinary statutory paternity pay, additional statutory paternity
pay”.
15
Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2)
45    (1)
Section 8 of the Social Security Contributions (Transfer of Functions, etc.)
Act 1999 (decisions by officers of Revenue and Customs) is amended as
follows.
      (2)
In subsection (1)—
20
(a)
in paragraphs (f) and (g), for “statutory paternity pay” substitute
“ordinary statutory paternity pay, additional statutory paternity
pay”, and
(b)
in paragraph (ga), for “statutory paternity or adoption pay”
substitute “ordinary statutory paternity pay, additional statutory
25
paternity pay or statutory adoption pay”.
      (3)
In subsection (3)(b), for “statutory paternity pay” substitute “ordinary
statutory paternity pay or additional statutory paternity pay”.
46
In section 11(2)(a) of the Social Security Contributions (Transfer of
Functions, etc.) Act 1999 (appeals against decisions of Her Majesty’s
30
Revenue and Customs), for “statutory paternity pay” substitute “ordinary
statutory paternity pay, additional statutory paternity pay”.
47
In section 14 of the Social Security Contributions (Transfer of Functions, etc.)
Act 1999 (matters arising as respects decisions), in subsections (1)(a)(i) and
(3), for “statutory paternity pay” substitute “ordinary statutory paternity
35
pay, additional statutory paternity pay”.
Finance Act 1999 (c. 16)
48    (1)
Sections 132 and 133 of the Finance Act 1999 shall have effect as if additional
statutory paternity pay were a matter which is under the care and
management of the Commissioners for Her Majesty’s Revenue and
40
Customs.
      (2)
In this paragraph “additional statutory paternity pay” includes statutory
pay under Northern Ireland legislation corresponding to the provisions of
Part 12ZA of SSCBA 1992 relating to additional statutory paternity pay.

Work and Families Bill
Schedule 1 — Leave and pay related to birth or adoption: further amendments
21

Employment Act 2002 (c. 22)
49    (1)
Section 7 of the Employment Act 2002 (funding of employers’ liabilities) is
amended as follows.
      (2)
In subsection (1), for “statutory paternity pay” substitute “ordinary statutory
paternity pay, additional statutory paternity pay”.
5
      (3)
In subsection (2), for “statutory paternity pay”, in both places, substitute “ordinary
statutory paternity pay, additional statutory paternity pay”.
      (4)
In subsection (3)—
(a)
for “a payment of statutory paternity pay” substitute “a payment of
ordinary statutory paternity pay, additional statutory paternity
10
pay”, and
(b)
for “in the case of statutory paternity pay” substitute “in the case of
ordinary statutory paternity pay or additional statutory paternity
pay”.
50
In section 8 of the Employment Act 2002 (regulations about payment), for
15
“statutory paternity pay”, wherever occurring, substitute “ordinary
statutory paternity pay, additional statutory paternity pay”.
51
In section 10 of the Employment Act 2002 (powers to require information),
for “statutory paternity pay”, in both places, substitute “ordinary statutory
paternity pay, additional statutory paternity pay”.
20
52
In section 11 of the Employment Act 2002 (penalties: failure to comply), in
subsection (6), for “statutory paternity pay” substitute “ordinary statutory
paternity pay, additional statutory paternity pay”.
53    (1)
Section 12 of the Employment Act 2002 (penalties: fraud etc.) is amended as
follows.
25
      (2)
In subsections (1) and (3), for “statutory paternity pay” substitute “ordinary
statutory paternity pay”.
      (3)
In subsections (2) and (4), after “statutory adoption pay” insert “or
additional statutory paternity pay”.
      (4)
In subsection (5), for “statutory paternity pay” substitute “ordinary statutory
30
paternity pay”.
54
In section 13 of the Employment Act 2002 (supply of information held by
Commissioners for Her Majesty’s Revenue and Customs), in subsection (1)
for “statutory paternity pay” substitute “ordinary statutory paternity pay,
additional statutory paternity pay”.
35
55
In section 14 of the Employment Act 2002 (supply of information held by
Secretary of State), for “statutory paternity pay”, in both places, substitute
“ordinary statutory paternity pay, additional statutory paternity pay”.
56
In section 15 of the Employment Act 2002 (use of information by the
Commissioners), in subsection (2)—
40
(a)
in paragraph (a), after “to” insert “ordinary”, and
(b)
after that paragraph insert—
“(aa)
their functions in relation to additional statutory
paternity pay;”.

Work and Families Bill
Schedule 1 — Leave and pay related to birth or adoption: further amendments
22

57
In section 55(8) of the Employment Act 2002 (references to statutory
paternity pay or statutory adoption pay to include statutory pay under
corresponding Northern Ireland legislation), for “statutory paternity pay”
substitute “ordinary statutory paternity pay, additional statutory paternity
pay”.
5
Proceeds of Crime Act 2002 (c. 29)
58    (1)
Section 323 of the Proceeds of Crime Act 2002 (functions) is amended as
follows.
      (2)
In subsection (1), for paragraph (g) substitute—
“(g)
ordinary statutory paternity pay;
10
(ga)
additional statutory paternity pay;”.
      (3)
In subsection (4), for paragraph (d) substitute—
“(d)
“ordinary statutory paternity pay” must be construed in
accordance with sections 171ZA and 171ZB of that Act;
(da)
“additional statutory paternity pay” must be construed in
15
accordance with sections 171ZEA and 171ZEB of that Act;”
      (4)
In subsection (5)(d), for ““statutory paternity pay”” substitute ““ordinary
statutory paternity pay“ and “additional statutory paternity pay””.
Income Tax (Earnings and Pensions) Act 2003 (c. 1)
59    (1)
Section 660 of the Income Tax (Earnings and Pensions) Act 2003 (taxable
20
benefits: UK benefits) is amended as follows.
      (2)
Table A in subsection (1) is amended in accordance with sub-paragraphs (3)
to (5).
      (3)
Before the entry relating to bereavement allowance insert—

“Additional statutory paternity pay
SSCBA 1992    Section 171ZEA or

25

               171ZEB

Any provision made for Northern

Ireland which corresponds to

section 171ZEA or 171ZEB of

SSCBA 1992.”

30
      (4)
After the entry relating to jobseeker’s allowance insert—

“Ordinary statutory paternity pay
SSCBA 1992    Section 171ZA or

               171ZB

Any provision made for Northern

Ireland which corresponds to

35

section 171ZA or 171ZB of SSCBA

1992.”

      (5)
Omit the entry relating to statutory paternity pay.
      (6)
In subsection (2), for the words from “statutory adoption pay” to “statutory

Work and Families Bill
Schedule 2 — Repeals
23

paternity pay” substitute—
“additional statutory paternity pay;
ordinary statutory paternity pay;
statutory adoption pay;
statutory maternity pay;”.
5
Commissioners for Revenue and Customs Act 2005 (c. 11)
60
In Schedule 1 to the Commissioners for Revenue and Customs Act 2005
(which lists former Inland Revenue matters), for paragraph 26 substitute—
“26
Ordinary statutory paternity pay.
26A
Additional statutory paternity pay.”
10
Schedule 2
Section 15

Repeals

Short title and chapter
Extent of repeal

Social Security Contributions
In section 171(1), the definition of “week”.

and Benefits Act 1992 (c. 4)

15

Employment Rights Act 1996 (c.
Section 80F(3), (6) and (7).

18)

Employment Act 2002 (c. 22)
Section 6(2)(a).

Section 18.

In Schedule 7, paragraphs 3, 26(3), 33(3) and

20

49(3).

Income Tax (Earnings and
In section 660, in Table A in subsection (1), the

Pensions) Act 2003 (c. 1)
entry relating to statutory paternity pay.