LegalizeThe Employment Rights (Northern Ireland) Order 1996 (Application of Articles 107A, 107B, 107G, 107I, 112A and 112B to Parental Order Cases) Regulations (Northern Ireland) 2015
Made: 2nd March 2015
Coming into operation: 15th March 2015
The Department for Employment and Learning makes the following Regulations in exercise of the powers conferred by Articles 107AC, 107BA, 107J(2), 112BAA and 251(6) of the Employment Rights (Northern Ireland) Order 1996 .
Citation, commencement and interpretation
1
- (1) These Regulations may be cited as the Employment Rights (Northern Ireland) Order 1996 (Application of Articles 107A, 107B, 107G, 107I, 112A and 112B to Parental Order Cases) Regulations (Northern Ireland) 2015 and come into operation on 15 March 2015.
- (2) In these Regulations—
- “the Order” means the Employment Rights (Northern Ireland) Order 1996;
- “intended parent”, in relation to a child, means a person who, on the day of the child’s birth—applies, or intends to apply during the period of 6 months beginning with that day—with another person for an order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of the child; oras the sole applicant for an order under section 54A of that Act in respect of the child; andexpects the court to make such an order in respect of the child;
- ...
- ...
- “section 54 parental order parent” means a person—on whose application the court has made an order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of a child; orwho is an intended parent of a child by reference to an application or intended application for such an order;
- “section 54A parental order parent” means a person— on whose application the court has made an order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of a child; orwho is an intended parent of a child by reference to an application or intended application for such an order.
Application of Articles 107A and 107B of the Order to parental order parents
2
Articles 107A and 107B of the Order have effect in relation to section 54 parental order parents and section 54A parental order parents .
Application of Articles 107G and 107I of the Order to parental order parents
3
Articles 107G and 107I of the Order have effect in relation to section 54 parental order parents with the modifications specified in the second column of Schedule 1.
Application of Articles 112A and 112B of the Order to parental order parents
4
Articles 112A and 112B of the Order have effect in relation to section 54 parental order parents with the modifications specified in the second column of Schedule 2.
SCHEDULE 1
| Provision | Modification |
|---|---|
| Article 107G | For sub-paragraph (b) of paragraph (1) substitute— b as to being a person— i on whose application the court has made a parental order in respect of a child, or ii who is an intended parent of a child, . |
| For sub-paragraph (b) of paragraph (4) substitute— b as to being a person— i on whose application the court has made a parental order in respect of a child, or ii who is an intended parent of a child, ba as to relationship with the other person (“A”) on whose application the parental order was made or who is an intended parent of the child, . | |
| After paragraph (6) insert— 7 In this Article and Article 107I— “intended parent”, in relation to a child, means a person who, on the day of the child’s birth— applies, or intends to apply during the period of 6 months beginning with that day, with another person for a parental order in respect of the child, and expects the court to make a parental order on that application in respect of the child; and “parental order” means an order under section 54(1) of the Human Fertilisation and Embryology Act 2008. . | |
| Article 107I | In sub-paragraph (a) of paragraph (2), for “with whom the child is, or is expected to be placed for adoption” substitute “on whose application the court has made a parental order in respect of the child or who is an intended parent of the child”. |
| In sub-paragraph (b) of paragraph (2), for “with whom the child is, or is expected to be placed for adoption” substitute “on whose application the court has made a parental order in respect of the child or who is an intended parent of the child”. | |
| In sub-paragraph (b) of paragraph (14), for “placed for adoption as part of the same arrangement” substitute “born as a result of the same pregnancy”. |
SCHEDULE 2
| Provision | Modification |
|---|---|
| Article 112A | After sub-paragraph (a) in paragraph (5) insert— aa make provision excluding the right to be absent on leave under this Article in the case of an employee who satisfies— i the conditions specified in regulations under Article 107A(1) or 112B(1), or ii such of those conditions as are specified in regulations under paragraph (1); . |
| Article 112B | For sub-paragraph (b) of paragraph (1) (and the following “and”) substitute— b as to being a person— i on whose application the court has made a parental order in respect of a child, or ii who is an intended parent of a child, and . |
| For sub-paragraph (c) of paragraph (1) substitute— c as to relationship with the other person on whose application the parental order was made or who is an intended parent of the child, . | |
| In paragraph (4), for “placement for adoption” substitute “birth”. | |
| In sub-paragraph (a) of paragraph (5), for “a person with whom a child is placed for adoption” substitute “the other person on whose application the court has made a parental order in respect of a child or who is an intended parent of a child”. | |
| Omit sub-paragraph (aa) of paragraph (5)[^f00006]. | |
| In sub-paragraph (c) of paragraph (5), for “placed for adoption as part of the same arrangement” substitute “born as a result of the same pregnancy”. | |
| For paragraph (6) substitute— 6 Where more than one child is born as a result of the same pregnancy, the reference in paragraph (4) to the date of the child’s birth shall be read as a reference to the date of birth of the first child born as a result of the pregnancy. . | |
| After paragraph (7) insert— 7A In this Article— “intended parent”, in relation to a child, means a person who, on the day of the child’s birth— applies, or intends to apply during the period of 6 months beginning with that day, with another person for a parental order in respect of the child; and expects the court to make a parental order on that application in respect of the child; and “parental order” means an order under section 54(1) of the Human Fertilisation and Embryology Act 2008. . |
Signed
Sealed with the Official Seal of the Department for Employment and Learning on 2nd March 2015.
Dr Stephen Farry — Minister for Employment and Learning
Explanatory note
(This note is not part of the Regulations)
Footnotes
[^f00001]: S.I. 1996/1919 (N.I. 16); Articles 107AC, 107BA, 107J and 112BAA were inserted, respectively, by the Work and Families Act (Northern Ireland) 2015 (c. 1), sections 10(2), 10(3), 2(2) and 10(5).
[^f00002]: 2008 c.22.
[^f00003]: Articles 107A and 107B were inserted by the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2), Article 3.
[^f00004]: Articles 107G and 107I were inserted by 2015 c. 1 (N.I.), section 2.
[^f00005]: Articles 112A and 112B were inserted by S.I. 2002/2836 (N.I. 2), Article 4.
[^f00006]: Article 112B(5)(aa) was inserted by 2015 c. 1 (N.I.), section 8(4).
(b) as to being a person— (i) on whose application the court has made a parental order in respect of a child, or (ii) who is an intended parent of a child, (ba) as to relationship with the other person (“A”) on whose application the parental order was made or who is an intended parent of the child,
In sub-paragraph (b) of paragraph (2), for “with whom the child is, or is expected to be placed for adoption” substitute “ on whose application the court has made a parental order in respect of the child or who is an intended parent of the child ”.
(b) as to being a person— (i) on whose application the court has made a parental order in respect of a child, or (ii) who is an intended parent of a child, and
In sub-paragraph (a) of paragraph (5), for “a person with whom a child is placed for adoption” substitute “ the other person on whose application the court has made a parental order in respect of a child or who is an intended parent of a child ”.
Editorial notes
[^c22711341]: S.I. 1996/1919 (N.I. 16); Articles 107AC, 107BA, 107J and 112BAA were inserted, respectively, by the Work and Families Act (Northern Ireland) 2015 (c. 1), sections 10(2), 10(3), 2(2) and 10(5).
[^c22711361]: Articles 107A and 107B were inserted by the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2), Article 3.
[^c22711371]: Articles 107G and 107I were inserted by 2015 c. 1 (N.I.), section 2.
[^c22711381]: Articles 112A and 112B were inserted by S.I. 2002/2836 (N.I. 2), Article 4.
[^c22711391]: Article 112B(5)(aa) was inserted by 2015 c. 1 (N.I.), section 8(4).
[^key-a23bfc8ea269da93365e618834d8c1cf]: Words in Sch. 1 substituted (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art. 1(1), Sch. 2 para. 12(6)
[^key-b2fd480efea56e67264e1a6278270167]: Words in Sch. 2 substituted (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art. 1(1), Sch. 2 para. 12(7)
[^key-c40857b036b5baf4b9bf55b8a2821710]: Words in reg. 1(2) substituted (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art. 1(1), Sch. 2 para. 12(2)(a)
[^key-0f6504ee31b0b2ac31cdeb063862a4d1]: Words in reg. 1(2) omitted (3.1.2019) by virtue of The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art. 1(1), Sch. 2 para. 12(2)(b)
[^key-4a845317b87c895afbb7021e33eb5e7c]: Words in reg. 1(2) omitted (3.1.2019) by virtue of The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art. 1(1), Sch. 2 para. 12(2)(c)
[^key-ec49e38b5904b5fb25b6df020228b3ce]: Words in reg. 1(2) inserted (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art. 1(1), Sch. 2 para. 12(2)(d)
[^key-1d7f91b282181f3bb1505f56e6dd3ea3]: Words in reg. 2 substituted (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art. 1(1), Sch. 2 para. 12(3)
[^key-8c8f89928f931d6912f37b78dbd26052]: Words in reg. 3 substituted (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art. 1(1), Sch. 2 para. 12(4)
[^key-14c36d19e0897c5e4a0d97c138554498]: Words in reg. 4 substituted (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art. 1(1), Sch. 2 para. 12(5)
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.
This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence.
legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.