Children and Families Act 2014

(57ZE) (1) An employee who has a qualifying relationship with a pregnant woman 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 take 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 subsection (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 gives that declaration (which may be given in electronic form). (6) The employee must state in the declaration— (a) that the employee has a qualifying relationship with a pregnant woman or her expected child, (b) that the employee's purpose in taking time off is the purpose specified in subsection (1), (c) that the appointment in question is made on the advice of a registered medical practitioner, registered midwife or registered nurse, and (d) the date and time of the appointment. (7) A person has a qualifying relationship with a pregnant woman or her expected child if— (a) the person is the husband or civil partner of the pregnant woman, (b) the person, being of a different sex or the same sex, lives with the woman in an enduring family relationship but is not a relative of the woman, (c) the person is the father of the expected child, (d) the person is a parent of the expected child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, or (e) the person is a potential applicant for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of the expected child. (8) For the purposes of subsection (7) a relative of a person is the person's parent, grandparent, sister, brother, aunt or uncle. (9) The references to relationships in subsection (8)— (a) are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for the adoption, and (b) include the relationship of a child with the child's adoptive, or former adoptive, parents, but do not include any other adoptive relationships. (10) For the purposes of subsection (7)(e) a person (“A”) is a potential applicant for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of an expected child only if— (a) A intends to apply, jointly with another person (“B”), for such an order in respect of the expected child within the time allowed by section 54(3), (b) the expected child is being carried by the pregnant woman as a result of such procedure as is described in section 54(1)(a), (c) the requirement in section 54(1)(b) is satisfied by reference to A or B, (d) A and B would satisfy section 54(2) if they made an application under section 54 at the time that A seeks to exercise the right under this section, and (e) A expects that A and B will satisfy the conditions in section 54(2), (4), (5) and (8) as regards the intended application. (11) The references in this section to a registered nurse are references to a registered nurse— (a) who is also registered in the Specialist Community Public Health Nurses Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001 (S.I. 2002/253), and (b) whose entry in that Part of the register is annotated to show that the nurse holds a qualification in health visiting. (12) For the purposes of this section the working hours of an employee are to be taken to be any time when, in accordance with the employee's contract of employment, the employee is required to be at work. (57ZF) (1) An employee may present a complaint to an employment tribunal that his or her employer has unreasonably refused to let him or her take time off as required by section 57ZE. (2) An employment tribunal may not consider a complaint under this section unless it is presented— (a) before the end of the period of three months beginning with the day of the appointment in question, or (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months. (3) Sections 207A(3) and 207B apply for the purposes of subsection (2)(a). (4) Where an employment tribunal finds a complaint under subsection (1) well-founded, it— (a) must make a declaration to that effect, and (b) must order the employer to pay to the employee an amount determined in accordance with subsection (5). (5) The amount payable to the employee is— $$A × B × 2$where—A is the appropriate hourly rate for the employee, andB is the number of working hours for which the employee would have been entitled under section 57ZE to be absent if the time off had not been refused.$ (6) The appropriate hourly rate, in relation to an employee, is the amount of one week's pay divided by the number of normal working hours in a week for that employee when employed under the contract of employment in force on the day when the time off would have been taken. (7) But where the number of normal working hours differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by— (a) the average number of normal working hours calculated by dividing by twelve the total number of the employee's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off would have been taken, or (b) where the employee has not been employed for a sufficient period to enable the calculation to be made under paragraph (a), a number which fairly represents the number of normal working hours in a week having regard to such of the considerations specified in subsection (8) as are appropriate in the circumstances. (8) The considerations referred to in subsection (7)(b) are— (a) the average number of normal working hours in a week which the employee could expect in accordance with the terms of the employee's contract, and (b) the average number of normal working hours of other employees engaged in relevant comparable employment with the same employer. (57ZG) (1) An agency worker who has a qualifying relationship with a pregnant woman or her expected child is entitled to be permitted, by the temporary work agency and the hirer, to take time off during the agency worker'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 agency worker is not entitled to take 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 agency worker is entitled is six and a half hours. (4) An agency worker is not entitled to take time off for the purpose specified in subsection (1) unless the appointment is made on the advice of a registered medical practitioner, registered midwife or registered nurse. (5) Where the temporary work agency or the hirer requests the agency worker to give that person a declaration signed by the agency worker, the agency worker is not entitled to take time off for the purpose specified in subsection (1) unless the agency worker gives that declaration (which may be given in electronic form). (6) The agency worker must state in the declaration— (a) that the agency worker has a qualifying relationship with a pregnant woman or her expected child, (b) that the agency worker's purpose in taking time off is the purpose specified in subsection (1), (c) that the appointment in question is made on the advice of a registered medical practitioner, registered midwife or registered nurse, and (d) the date and time of the appointment. (7) A person has a qualifying relationship with a pregnant woman or her expected child if— (a) the person is the husband or civil partner of the pregnant woman, (b) the person, being of a different sex or the same sex, lives with the woman in an enduring family relationship but is not a relative of the woman, (c) the person is the father of the expected child, (d) the person is a parent of the expected child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, or (e) the person is a potential applicant for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of the expected child. (8) For the purposes of subsection (7) a relative of a person is the person's parent, grandparent, sister, brother, aunt or uncle. (9) The references to relationships in subsection (8)— (a) are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for the adoption, and (b) include the relationship of a child with the child's adoptive, or former adoptive, parents, but do not include any other adoptive relationships. (10) For the purposes of subsection (7)(e) a person (“A”) is a potential applicant for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of an expected child only if— (a) A intends to apply, jointly with another person (“B”), for such an order in respect of the expected child within the time allowed by section 54(3), (b) the expected child is being carried by the pregnant woman as a result of such procedure as is described in section 54(1)(a), (c) the requirement in section 54(1)(b) is satisfied by reference to A or B, (d) A and B would satisfy section 54(2) if they made an application under section 54 at the time that A seeks to exercise the right under this section, and (e) A expects that A and B will satisfy the conditions in section 54(2), (4), (5) and (8) as regards the intended application. (11) The references in this section to a registered nurse are references to a registered nurse— (a) who is also registered in the Specialist Community Public Health Nurses Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001 (S.I. 2002/253), and (b) whose entry in that Part of the register is annotated to show that the nurse holds a qualification in health visiting. (12) For the purposes of this section the working hours of an agency worker are to be taken to be any time when, in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer, the agency worker is required to be at work. (57ZH) (1) An agency worker may present a complaint to an employment tribunal that the temporary work agency has unreasonably refused to let him or her take time off as required by section 57ZG. (2) An agency worker may present a complaint to an employment tribunal that the hirer has unreasonably refused to let him or her take time off as required by section 57ZG. (3) An employment tribunal may not consider a complaint under subsection (1) or (2) unless it is presented— (a) before the end of the period of three months beginning with the day of the appointment in question, or (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months. (4) Sections 207A(3) and 207B apply for the purposes of subsection (3)(a). (5) Where an employment tribunal finds a complaint under subsection (1) or (2) well-founded, it— (a) must make a declaration to that effect, and (b) must order the payment to the agency worker of an amount determined in accordance with subsection (7). (6) Where the tribunal orders that payment under subsection (5) be made by the temporary work agency and the hirer, the proportion of that amount payable by each respondent is to be such as may be found by the tribunal to be just and equitable having regard to the extent of each respondent's responsibility for the infringement to which the complaint relates. (7) The amount payable to the agency worker is— $$A × B × 2$where—A is the appropriate hourly rate for the agency worker, andB is the number of working hours for which the agency worker would have been entitled under section 57ZG to be absent if the time off had not been refused.$ (8) The appropriate hourly rate, in relation to an agency worker, is the amount of one week's pay divided by the number of normal working hours in a week for that agency worker in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer that are in force on the day when the time off would have been taken. (9) But where the number of normal working hours during the assignment differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by the average number of normal working hours calculated by dividing by twelve the total number of the agency worker's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off would have been taken. (57ZI) (1) Without prejudice to any other duties of the hirer or temporary work agency under any enactment or rule of law, sections 57ZG and 57ZH do not apply where the agency worker— (a) has not completed the qualifying period, or (b) pursuant to regulation 8(a) or (b) of the Agency Workers Regulations 2010 (S.I. 2010/93), is no longer entitled to the rights conferred by regulation 5 of those Regulations. (2) Nothing in sections 57ZG and 57ZH imposes a duty on the hirer or temporary work agency beyond the original intended duration, or likely duration, of the assignment, whichever is the longer. (3) Sections 57ZG and 57ZH do not apply where sections 57ZE and 57ZF apply. (4) In this section and sections 57ZG and 57ZH the following have the same meaning as in the Agency Workers Regulations 2010— - “agency worker”; - “assignment”; - “hirer”; - “qualifying period”; - “temporary work agency”.

• (2) In the Employment Rights Act 1996—

• (a) in section 47C (right not to be subject to detriment: leave for family reasons), in subsection (2) (prescribed reasons), after paragraph (a) there is inserted—

(aa) time off under section 57ZE,

;

• (b) in section 99 (being regarded as unfairly dismissed: leave for family reasons), in subsection (3) (prescribed kinds of reasons), after paragraph (a) there is inserted—

(aa) time off under section 57ZE,

;

• (c) in section 225 (the calculation date in finding a week's pay), after subsection (3) there is inserted—

(3A) Where the calculation is for the purposes of section 57ZF, the calculation date is the day of the appointment.

Time off work to attend adoption appointments

128

• (1) After section 57ZI of the Employment Rights Act 1996 (as inserted by section 127) there is inserted—

(57ZJ) (1) An employee who has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the employee alone 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 attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption. (2) An employee who— (a) has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the employee and another person jointly, and (b) has elected to exercise the right to take time off under this section in connection with the adoption, 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 attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption. (3) An employee may not make an election for the purposes of subsection (2)(b) if— (a) the employee has made an election for the purposes of section 57ZL(1)(b) in connection with the adoption, or (b) the other person with whom the child is to be, or is expected to be, placed for adoption has made an election for the purposes of subsection (2)(b) or section 57ZN(2)(b) in connection with the adoption. (4) An employee is not entitled to take time off under this section on or after the date of the child's placement for adoption with the employee. (5) In relation to any particular adoption, an employee is not entitled to take time off under this section on more than five occasions. (6) On each of those occasions, the maximum time off during working hours to which the employee is entitled is six and a half hours. (7) An employee is not entitled to take time off under this section unless the appointment has been arranged by or at the request of the adoption agency which made the notification described in subsection (1) or (2)(a). (8) An employee is not entitled to take time off under subsection (1) unless, if the employer requests it, the employee gives the employer a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (7). (9) An employee is not entitled to take time off under subsection (2) unless, if the employer requests it, the employee gives the employer— (a) a declaration signed by the employee stating that the employee has made an election for the purposes of subsection (2)(b) in connection with the adoption, and (b) a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (7). (10) A document or declaration requested under subsection (8) or (9) may be given in electronic form. (11) In cases where more than one child is to be, or is expected to be, placed for adoption with an employee as part of the same arrangement, this section has effect as if— (a) the purposes specified in subsections (1) and (2) were the purpose of having contact with any one or more of the children and any other purpose connected with any of the adoptions that are part of the arrangement; (b) the references in subsections (2)(b) and (9)(a) to the adoption were references to all of the adoptions that are part of the arrangement; (c) the references in subsection (3) to the adoption were references to any of the adoptions that are part of the arrangement; (d) the reference in subsection (4) to the date of the child's placement for adoption were a reference to the date of placement of the first child to be placed as part of the arrangement; (e) the reference in subsection (5) to a particular adoption were a reference to the adoptions that are part of a particular arrangement. (12) For the purposes of this section the working hours of an employee are to be taken to be any time when, in accordance with the employee's contract of employment, the employee is required to be at work. (13) In this section “adoption agency” means an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002 or as defined in section 119(1)(a) of the Adoption and Children (Scotland) Act 2007. (57ZK) (1) An employee who is permitted to take time off under section 57ZJ is entitled to be paid remuneration by his or her employer for the number of working hours for which the employee is entitled to be absent at the appropriate hourly rate. (2) The appropriate hourly rate, in relation to an employee, is the amount of one week's pay divided by the number of normal working hours in a week for that employee when employed under the contract of employment in force on the day when the time off is taken. (3) But where the number of normal working hours differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by— (a) the average number of normal working hours calculated by dividing by twelve the total number of the employee's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off is taken, or (b) where the employee has not been employed for a sufficient period to enable the calculation to be made under paragraph (a), a number which fairly represents the number of normal working hours in a week having regard to such of the considerations specified in subsection (4) as are appropriate in the circumstances. (4) The considerations referred to in subsection (3)(b) are— (a) the average number of normal working hours in a week which the employee could expect in accordance with the terms of the employee's contract, and (b) the average number of normal working hours of other employees engaged in relevant comparable employment with the same employer. (5) A right to any amount under subsection (1) does not affect any right of an employee in relation to remuneration under the employee's contract of employment (“contractual remuneration”). (6) Any contractual remuneration paid to an employee in respect of a period of time off under section 57ZJ goes towards discharging any liability of the employer to pay remuneration under subsection (1) in respect of that period. (7) Any payment of remuneration under subsection (1) in respect of a period of time off under section 57ZJ goes towards discharging any liability of the employer to pay contractual remuneration in respect of that period. (57ZL) (1) An employee who— (a) has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the employee and another person jointly, and (b) has elected to exercise the right to take time off under this section in connection with the adoption, 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 attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption. (2) An employee may not make an election for the purposes of subsection (1)(b) if— (a) the employee has made an election for the purposes of section 57ZJ(2)(b) in connection with the adoption, or (b) the other person with whom the child is to be, or is expected to be, placed for adoption has made an election for the purposes of subsection (1)(b) or section 57ZP(1)(b) in connection with the adoption. (3) An employee is not entitled to take time off under this section on or after the date of the child's placement for adoption with the employee. (4) In relation to any particular adoption, an employee is not entitled to take time off under this section on more than two occasions. (5) On each of those occasions, the maximum time off during working hours to which the employee is entitled is six and a half hours. (6) An employee is not entitled to take time off under this section unless the appointment has been arranged by or at the request of the adoption agency which made the notification described in subsection (1)(a). (7) An employee is not entitled to take time off under this section unless, if the employer requests it, the employee gives the employer— (a) a declaration signed by the employee stating that the employee has made an election for the purposes of subsection (1)(b) in connection with the adoption, and (b) a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (6). (8) A declaration or document requested under subsection (7) may be given in electronic form. (9) In cases where more than one child is to be, or is expected to be, placed for adoption with an employee and another person jointly as part of the same arrangement, this section has effect as if— (a) the purposes specified in subsection (1) were the purpose of having contact with any one or more of the children and any other purpose connected with any of the adoptions that are part of the arrangement; (b) the references in subsections (1)(b) and (7)(a) to the adoption were references to all of the adoptions that are part of the arrangement; (c) the references in subsection (2) to the adoption were references to any of the adoptions that are part of the arrangement; (d) the reference in subsection (3) to the date of the child's placement for adoption were a reference to the date of placement of the first child to be placed as part of the arrangement; (e) the reference in subsection (4) to a particular adoption were a reference to the adoptions that are part of a particular arrangement. (10) For the purposes of this section the working hours of an employee are to be taken to be any time when, in accordance with the employee's contract of employment, the employee is required to be at work. (11) In this section “adoption agency” means an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002 or as defined in section 119(1)(a) of the Adoption and Children (Scotland) Act 2007. (57ZM) (1) An employee may present a complaint to an employment tribunal that his or her employer— (a) has unreasonably refused to let him or her take time off as required by section 57ZJ or 57ZL, or (b) has failed to pay the whole or any part of any amount to which the employee is entitled under section 57ZK. (2) An employment tribunal may not consider a complaint under this section unless it is presented— (a) before the end of the period of three months beginning with the day of the appointment in question, or (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months. (3) Sections 207A(3) and 207B apply for the purposes of subsection (2)(a). (4) Where an employment tribunal finds a complaint under subsection (1) well-founded, it must make a declaration to that effect. (5) If the complaint is that the employer has unreasonably refused to let the employee take time off as required by section 57ZJ, the tribunal must also order the employer to pay to the employee an amount that is twice the amount of the remuneration to which the employee would have been entitled under section 57ZK if the employer had not refused. (6) If the complaint is that the employer has failed to pay the employee the whole or part of any amount to which the employee is entitled under section 57ZK, the tribunal must also order the employer to pay to the employee the amount which it finds due to the employee. (7) If the complaint is that the employer has unreasonably refused to let the employee take time off as required by section 57ZL, the tribunal must also order the employer to pay to the employee an amount determined in accordance with subsection (8). (8) The amount payable to the employee is— $$A × B× 2$where—A is the appropriate hourly rate for the employee determined in accordance with section 57ZK(2) to (4), andB is the number of working hours for which the employee would have been entitled under section 57ZL to be absent if the time off had not been refused.$ (57ZN) (1) An agency worker who has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the agency worker alone is entitled to be permitted by the temporary work agency and the hirer to take time off during the agency worker's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption. (2) An agency worker who— (a) has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the agency worker and another person jointly, and (b) has elected to exercise the right to take time off under this section in connection with the adoption, is entitled to be permitted by the temporary work agency and the hirer to take time off during the agency worker's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption. (3) An agency worker may not make an election for the purposes of subsection (2)(b) if— (a) the agency worker has made an election for the purposes of section 57ZP(1)(b) in connection with the adoption, or (b) the other person with whom the child is to be, or is expected to be, placed for adoption has made an election for the purposes of subsection (2)(b) or section 57ZJ(2)(b) in connection with the adoption. (4) An agency worker is not entitled to take time off under this section on or after the date of the child's placement for adoption with the agency worker. (5) In relation to any particular adoption, an agency worker is not entitled to take time off under this section on more than five occasions. (6) On each of those occasions, the maximum time off during working hours to which the agency worker is entitled is six and a half hours. (7) An agency worker is not entitled to take time off under this section unless the appointment has been arranged by or at the request of the adoption agency which made the notification described in subsection (1) or (2)(a). (8) An agency worker is not entitled to take time off under subsection (1) unless, if the temporary work agency or the hirer requests it, the agency worker gives that person a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (7). (9) An agency worker is not entitled to take time off under subsection (2) unless, if the temporary work agency or the hirer requests it, the agency worker gives that person— (a) a declaration signed by the agency worker stating that the agency worker has made an election for the purposes of subsection (2)(b) in connection with the adoption, and (b) a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (7). (10) A document or declaration requested under subsection (8) or (9) may be given in electronic form. (11) In cases where more than one child is to be, or is expected to be, placed for adoption with an agency worker as part of the same arrangement, this section has effect as if— (a) the purposes specified in subsections (1) and (2) were the purpose of having contact with any one or more of the children and any other purpose connected with any of the adoptions that are part of the arrangement; (b) the references in subsections (2)(b) and (9)(a) to the adoption were references to all of the adoptions that are part of the arrangement; (c) the references in subsection (3) to the adoption were references to any of the adoptions that are part of the arrangement; (d) the reference in subsection (4) to the date of the child's placement for adoption were a reference to the date of placement of the first child to be placed as part of the arrangement; (e) the reference in subsection (5) to a particular adoption were a reference to the adoptions that are part of a particular arrangement. (12) For the purposes of this section the working hours of an agency worker are to be taken to be any time when, in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer, the agency worker is required to be at work. (13) In this section “adoption agency” means an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002 or as defined in section 119(1)(a) of the Adoption and Children (Scotland) Act 2007. (57ZO) (1) An agency worker who is permitted to take time off under section 57ZN is entitled to be paid remuneration by the temporary work agency for the number of working hours for which the agency worker is entitled to be absent at the appropriate hourly rate. (2) The appropriate hourly rate, in relation to an agency worker, is the amount of one week's pay divided by the number of normal working hours in a week for that agency worker in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer that are in force on the day when the time off is taken. (3) But where the number of normal working hours during the assignment differs from week to week or over a longer period, the amount of one week's pay shall be divided instead by the average number of normal working hours calculated by dividing by twelve the total number of the agency worker's normal working hours during the period of twelve weeks ending with the last complete week before the day on which the time off is taken. (4) A right to any amount under subsection (1) does not affect any right of an agency worker in relation to remuneration under the agency worker's contract with the temporary work agency (“contractual remuneration”). (5) Any contractual remuneration paid to an agency worker in respect of a period of time off under section 57ZN goes towards discharging any liability of the temporary work agency to pay remuneration under subsection (1) in respect of that period. (6) Any payment of remuneration under subsection (1) in respect of a period of time off under section 57ZN goes towards discharging any liability of the temporary work agency to pay contractual remuneration in respect of that period. (57ZP) (1) An agency worker who— (a) has been notified by an adoption agency that a child is to be, or is expected to be, placed for adoption with the agency worker and another person jointly, and (b) has elected to exercise the right to take time off under this section in connection with the adoption, is entitled to be permitted by the temporary work agency and the hirer to take time off during the agency worker's working hours in order that he or she may attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption. (2) An agency worker may not make an election for the purposes of subsection (1)(b) if— (a) the agency worker has made an election for the purposes of section 57ZN(2)(b) in connection with the adoption, or (b) the other person with whom the child is to be, or is expected to be, placed for adoption has made an election for the purposes of subsection (1)(b) or section 57ZL(1)(b) in connection with the adoption. (3) An agency worker is not entitled to take time off under this section on or after the date of the child's placement for adoption with the agency worker. (4) In relation to any particular adoption, an agency worker is not entitled to take time off under this section on more than two occasions. (5) On each of those occasions, the maximum time off during working hours to which the agency worker is entitled is six and a half hours. (6) An agency worker is not entitled to take time off under this section unless the appointment has been arranged by or at the request of the adoption agency which made the notification described in subsection (1)(a). (7) An agency worker is not entitled to take time off under this section unless, if the temporary work agency or the hirer requests it, the agency worker gives that person— (a) a declaration signed by the agency worker stating that the agency worker has made an election for the purposes of subsection (1)(b) in connection with the adoption, and (b) a document showing the date and time of the appointment in question and that it has been arranged as described in subsection (6). (8) A declaration or document requested under subsection (7) may be given in electronic form. (9) In cases where more than one child is to be, or is expected to be, placed for adoption with an agency worker and another person jointly as part of the same arrangement, this section has effect as if— (a) the purposes specified in subsection (1) were the purpose of having contact with any one or more of the children and any other purpose connected with any of the adoptions that are part of the arrangement; (b) the references in subsections (1)(b) and (7)(a) to the adoption were references to all of the adoptions that are part of the arrangement; (c) the references in subsection (2) to the adoption were references to any of the adoptions that are part of the arrangement; (d) the reference in subsection (3) to the date of the child's placement for adoption were a reference to the date of placement of the first child to be placed as part of the arrangement; (e) the reference in subsection (4) to a particular adoption were a reference to the adoptions that are part of a particular arrangement. (10) For the purposes of this section the working hours of an agency worker are to be taken to be any time when, in accordance with the terms under which the agency worker works temporarily for and under the supervision and direction of the hirer, the agency worker is required to be at work. (11) In this section “adoption agency” means an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002 or as defined by section 119(1)(a) of the Adoption and Children (Scotland) Act 2007. (57ZQ) (1) An agency worker may present a complaint to an employment tribunal that the temporary work agency— (a) has unreasonably refused to let him or her take time off as required by section 57ZN or 57ZP, or (b) has failed to pay the whole or any part of any amount to which the agency worker is entitled under section 57ZO. (2) An agency worker may present a complaint to an employment tribunal that the hirer has unreasonably refused to let him or her take time off as required by section 57ZN or 57ZP. (3) An employment tribunal may not consider a complaint under subsection (1) or (2) unless it is presented— (a) before the end of the period of three months beginning with the day of the appointment in question, or (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months. (4) Sections 207A(3) and 207B apply for the purposes of subsection (3)(a). (5) Where an employment tribunal finds a complaint under subsection (1) or (2) well-founded, it must make a declaration to that effect. (6) If the complaint is that the temporary work agency or hirer has unreasonably refused to let the agency worker take time off as required by section 57ZN, the tribunal must also order payment to the agency worker of an amount that is twice the amount of the remuneration to which the agency worker would have been entitled under section 57ZO if the agency worker had not been refused the time off. (7) If the complaint is that the temporary work agency has failed to pay the agency worker the whole or part of any amount to which the agency worker is entitled under section 57ZO, the tribunal must also order the temporary work agency to pay to the agency worker the amount which it finds due to the agency worker. (8) If the complaint is that the temporary work agency or hirer has unreasonably refused to let the agency worker take time off as required by section 57ZP, the tribunal must also order payment to the agency worker of an amount determined in accordance with subsection (9). (9) The amount payable to the agency worker under subsection (8) is— $$A× B× 2$where—A is the appropriate hourly rate for the agency worker determined in accordance with section 57ZO(2) and (3), andB is the number of working hours for which the agency worker would have been entitled under section 57ZP to be absent if the time off had not been refused.$ (10) Where the tribunal orders that payment under subsection (6) or (8) be made by the temporary work agency and the hirer, the proportion of that amount payable by each respondent is to be such as may be found by the tribunal to be just and equitable having regard to the extent of each respondent's responsibility for the infringement to which the complaint relates. (57ZR) (1) Without prejudice to any other duties of the hirer or temporary work agency under any enactment or rule of law, sections 57ZN to 57ZQ do not apply where the agency worker— (a) has not completed the qualifying period, or (b) pursuant to regulation 8(a) or (b) of the Agency Workers Regulations 2010 (S.I. 2010/93), is no longer entitled to the rights conferred by regulation 5 of those Regulations. (2) Nothing in sections 57ZN to 57ZQ imposes a duty on the hirer or temporary work agency beyond the original intended duration, or likely duration, of the assignment, whichever is the longer. (3) Sections 57ZN to 57ZQ do not apply where sections 57ZJ to 57ZM apply. (4) In this section and sections 57ZN to 57ZQ the following have the same meaning as in the Agency Workers Regulations 2010— - “agency worker”; - “assignment”; - “hirer”; - “qualifying period”; - “temporary work agency”. (57ZS) (1) Subsection (2) applies where a local authority in England notifies a person— (a) who is a local authority foster parent, and (b) who has been approved as a prospective adopter, that a child is to be, or is expected to be, placed with that person under section 22C of the Children Act 1989. (2) Where this subsection applies, sections 57ZJ, 57ZL, 57ZN and 57ZP have effect as if— (a) references to adoption or placement for adoption were references to placement of a child under section 22C of the Children Act 1989 with a local authority foster parent who has been approved as a prospective adopter; (b) references to placing for adoption were references to placing a child under section 22C of that Act with a local authority foster parent who has been approved as a prospective adopter; (c) references to an adoption agency were references to a local authority in England. (3) Where a child is placed under section 22C of the Children Act 1989 with a local authority foster parent who has been approved as a prospective adopter, notification of that person by an adoption agency during that placement that the child is to be, or is expected to be, placed with that person for adoption is not to give rise to a right to time off under section 57ZJ, 57ZL, 57ZN or 57ZP for that person or another person.

• (2) In the Employment Rights Act 1996—

• (a) in section 47C (right not to be subject to detriment: leave for family reasons), in subsection (2) (prescribed reasons), after paragraph (aa) (as inserted by section 127(2)(a)) there is inserted—

(ab) time off under section 57ZJ or 57ZL,

;

• (b) in section 80B (entitlement to ordinary paternity leave: adoption), in subsection (5) (provision that may be made in regulations under subsection (1)), after paragraph (b) there is inserted—

(ba) make provision excluding the right to be absent on leave under this section in the case of an employee who has exercised a right to take time off under section 57ZJ;

;

• (c) in section 99 (being regarded as unfairly dismissed: leave for family reasons), in subsection (3) (prescribed reasons), after paragraph (aa) (as inserted by section 127(2)(b)) there is inserted—

(ab) time off under section 57ZJ or 57ZL,

;

• (d) in section 225 (the calculation date in finding a week's pay), after subsection (3A) (as inserted by section 127(2)(c)) there is inserted—

(3B) Where the calculation is for the purposes of section 57ZK or 57ZM, the calculation date is the day of the appointment.

;

• (e) in section 235 (other definitions), in subsection (1), at the appropriate place there is inserted—

“local authority”, in relation to the placement of children under section 22C of the Children Act 1989, has the same meaning as in that Act (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);

.

Right not to be subjected to detriment: agency workers

129

• (1) In section 47C of the Employment Rights Act 1996 (right not to be subjected to detriment for taking leave for family and domestic reasons), after subsection (4) there is inserted—

(5) An agency worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the temporary work agency or the hirer done on the ground that— (a) being a person entitled to— (i) time off under section 57ZA, and (ii) remuneration under section 57ZB in respect of that time off, the agency worker exercised (or proposed to exercise) that right or received (or sought to receive) that remuneration, (b) being a person entitled to time off under section 57ZG, the agency worker exercised (or proposed to exercise) that right, (c) being a person entitled to— (i) time off under section 57ZN, and (ii) remuneration under section 57ZO in respect of that time off, the agency worker exercised (or proposed to exercise) that right or received (or sought to receive) that remuneration, or (d) being a person entitled to time off under section 57ZP, the agency worker exercised (or proposed to exercise) that right. (6) Subsection (5) does not apply where the agency worker is an employee. (7) In this section the following have the same meaning as in the Agency Workers Regulations 2010 (S.I. 2010/93)— - “agency worker”; - “hirer”; - “temporary work agency”.

• (2) In section 48 of that Act (complaints to employment tribunals)—

• (a) in subsection (1), for “47C” there is substituted “ 47C(1) ”;

• (b) after subsection (1A) there is inserted—

(1AA) An agency worker may present a complaint to an employment tribunal that the agency worker has been subjected to a detriment in contravention of section 47C(5) by the temporary work agency or the hirer.

;

• (c) in subsection (2), for “such a complaint” there is substituted “ a complaint under subsection (1), (1ZA), (1A) or (1B) ”;

• (d) after subsection (2) there is inserted—

(2A) On a complaint under subsection (1AA) it is for the temporary work agency or (as the case may be) the hirer to show the ground on which any act, or deliberate failure to act, was done.

;

• (e) in subsection (4), after “an employer” there is inserted “ , a temporary work agency or a hirer ”;

• (f) after subsection (5) there is inserted—

(6) In this section and section 49 the following have the same meaning as in the Agency Workers Regulations 2010 (S.I. 2010/93)— - “agency worker”; - “hirer”; - “temporary work agency”.

• (3) In section 49 of that Act (remedies in the case of complaints to an employment tribunal)—

• (a) in subsection (1), for “under section 48” there is substituted “ under section 48(1), (1ZA), (1A) or (1B) ”;

• (b) after subsection (1), there is inserted—

(1A) Where an employment tribunal finds a complaint under section 48(1AA) well-founded, the tribunal— (a) shall make a declaration to that effect, and (b) may make an award of compensation to be paid by the temporary work agency or (as the case may be) the hirer to the complainant in respect of the act or failure to act to which the complaint relates.

Time off work for ante-natal care: increased amount of award

130

• (1) In section 57 of the Employment Rights Act 1996 (complaints to employment tribunals where time off work for ante-natal care refused to employee), in subsection (4) (amount of award for unreasonable refusal), for “an amount equal to” there is substituted “ an amount that is twice the amount of ”.

• (2) In section 57ZC of the Employment Rights Act 1996 (complaints to employment tribunals where time off work for ante-natal care refused to agency worker), in subsection (5) (amount of award for unreasonable refusal), for “an amount equal to” there is substituted “ an amount that is twice the amount of ”.

PART 9 — Right to request flexible working

Removal of requirement to be a carer

131

• (1) In section 80F(1) of the Employment Rights Act 1996 (conditions for exercising right to request flexible working), paragraph (b) (condition that employee's purpose be to enable caring for a child or adult) is repealed.

• (2) Section 80F is further amended as follows—

• (a) in subsection (1), the “and” following paragraph (a) is repealed;

• (b) in subsection (2), after paragraph (b) there is inserted “and”;

• (c) in subsection (2), paragraph (d) and the “and” preceding it are repealed;

• (d) subsection (10) is repealed.

Dealing with applications

132

• (1) Section 80G of the Employment Rights Act 1996 (employer's duties in relation to an application for flexible working) is amended as follows.

• (2) In subsection (1), for paragraph (a) (requirement to deal with application in accordance with regulations) there is substituted—

(a) shall deal with the application in a reasonable manner, (aa) shall notify the employee of the decision on the application within the decision period, and

.

• (3) After subsection (1) there is inserted—

(1A) If an employer allows an employee to appeal a decision to reject an application, the reference in subsection (1)(aa) to the decision on the application is a reference to— (a) the decision on the appeal, or (b) if more than one appeal is allowed, the decision on the final appeal. (1B) For the purposes of subsection (1)(aa) the decision period applicable to an employee's application under section 80F is— (a) the period of three months beginning with the date on which the application is made, or (b) such longer period as may be agreed by the employer and the employee. (1C) An agreement to extend the decision period in a particular case may be made— (a) before it ends, or (b) with retrospective effect, before the end of a period of three months beginning with the day after that on which the decision period that is being extended came to an end.

• (4) After subsection (1C) (as inserted by subsection (3)) there is inserted—

(1D) An application under section 80F is to be treated as having been withdrawn by the employee if— (a) the employee without good reason has failed to attend both the first meeting arranged by the employer to discuss the application and the next meeting arranged for that purpose, or (b) where the employer allows the employee to appeal a decision to reject an application or to make a further appeal, the employee without good reason has failed to attend both the first meeting arranged by the employer to discuss the appeal and the next meeting arranged for that purpose, and the employer has notified the employee that the employer has decided to treat that conduct of the employee as a withdrawal of the application.

• (5) In the Employment Rights Act 1996, the following are repealed—

• (a) section 47E(1)(b);

• (b) section 80G(2) to (4);

• (c) section 80H(4);

• (d) in section 80I(4), the words “, and the regulations under that section,”;

• (e) section 104C(1)(b).

Complaints to employment tribunals

133

• (1) Section 80H of the Employment Rights Act 1996 (complaints to employment tribunals) is amended as follows.

• (2) In subsection (1) (grounds of complaint)—

• (a) the “or” after paragraph (a) is repealed;

• (b) after paragraph (b) there is inserted

, or (c) that the employer's notification under section 80G(1D) was given in circumstances that did not satisfy one of the requirements in section 80G(1D)(a) and (b).

• (3) In subsection (2) (no complaints under section 80H in respect of an application disposed of by agreement or withdrawn), for “under this section” there is substituted “ under subsection (1)(a) or (b) ”.

• (4) For subsection (3) (no complaints to be made until the employer rejects an application on appeal or contravenes specified regulations under section 80G(1)(a)) there is substituted—

(3) In the case of an application which has not been disposed of by agreement or withdrawn, no complaint under subsection (1)(a) or (b) may be made until— (a) the employer notifies the employee of the employer's decision on the application, or (b) if the decision period applicable to the application (see section 80G(1B)) comes to an end without the employer notifying the employee of the employer's decision on the application, the end of the decision period. (3A) If an employer allows an employee to appeal a decision to reject an application, a reference in other subsections of this section to the decision on the application is a reference to the decision on the appeal or, if more than one appeal is allowed, the decision on the final appeal. (3B) If an agreement to extend the decision period is made as described in section 80G(1C)(b), subsection (3)(b) is to be treated as not allowing a complaint until the end of the extended period.

• (5) After subsection (3B) (as inserted by subsection (4)) there is inserted—

(3C) A complaint under subsection (1)(c) may be made as soon as the notification under section 80G(1D) complained of is given to the employee.

• (6) In subsection (6) (meaning of the relevant date), from “relevant date” to the end there is substituted “ relevant date is a reference to the first date on which the employee may make a complaint under subsection (1)(a), (b) or (c), as the case may be. ”

Review of sections 131 to 133

134

• (1) The Secretary of State must from time to time—

• (a) carry out a review of sections 131 to 133,

• (b) set out the conclusions of the review in a report, and

• (c) publish the report.

• (2) The report must in particular—

• (a) set out the objectives intended to be achieved by the amendments of the Employment Rights Act 1996 made by sections 131 to 133,

• (b) assess the extent to which those objectives are achieved, and

• (c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a way that imposes less regulation.

• (3) The first report to be published under this section must be published before the end of the period of seven years beginning with the day on which sections 131 to 133 come into force.

• (4) Reports under this section are afterwards to be published at intervals not exceeding seven years.

PART 10 — General provisions

Orders and regulations

135

• (1) A power to make an order or regulations under this Act is exercisable by statutory instrument.

• (2) A power to make an order or regulations under this Act includes power—

• (a) to make different provision for different purposes (including different areas);

• (b) to make provision generally or in relation to specific cases.

• (3) A power to make an order or regulations under this Act (except a power conferred by section 78(6), 137 or 139) includes power to make incidental, supplementary, consequential, transitional or transitory provision or savings.

• (4) Subject to subsection (5), a statutory instrument that contains an order or regulations made under this Act by the Secretary of State or the Lord Chancellor is subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) Subsection (4) does not apply to—

• (a) a statutory instrument containing an order under section 78(6), 137 or 139, or

• (b) a statutory instrument to which subsection (6) applies.

• (6) A statutory instrument containing (whether alone or with other provision)—

• (a) the first regulations to be made under section 49,

• (b) an order under section 58(1) or 59(1),

• (c) regulations under section 70(3),

• (d) regulations under section 92 or 93,

• (e) regulations under subsection (6), (8), (9) or (10) of section 94,

• (f) regulations under subsection (11) of that section which amend, repeal or revoke any provision of an enactment within the meaning of that section, or

• (g) an order under section 136 which amends or repeals any provision of primary legislation,

is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (7) “Primary legislation” means—

• (a) an Act of Parliament;

• (b) a Measure or Act of the National Assembly for Wales.

Consequential amendments, repeals and revocations

136

• (1) The Secretary of State or the Lord Chancellor may by order make provision in consequence of any provision of this Act.

• (2) The power conferred by subsection (1) includes power to amend, repeal, revoke or otherwise modify any provision made by or under an enactment (including any enactment passed or made in the same Session as this Act).

• (3) “Enactment” includes a Measure or Act of the National Assembly for Wales.

Transitional, transitory or saving provision

137

• (1) The Secretary of State or the Lord Chancellor may by order make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.

• (2) Subsections (3) to (5) apply if section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“the 2012 Act”) comes into force on or before the day on which this Act is passed.

• (3) Section 85 of the 2012 Act (removal of £5,000 limit on certain fines on conviction by magistrates' court) applies in relation to the following offences as if the offences were relevant offences (as defined in section 85(3) of that Act)—

• (a) the offence contained in the new section 51C(4) to be inserted into the Childcare Act 2006 by paragraph 13 of Schedule 4 to this Act;

• (b) the offence contained in the new section 51F(1) to be inserted into that Act by paragraph 13 of that Schedule;

• (c) the offence contained in the new section 61D(4) to be inserted into that Act by paragraph 26 of that Schedule;

• (d) the offence contained in the new section 61G(1) to be inserted into that Act by paragraph 26 of that Schedule;

• (e) the offence contained in the new section 69C(6) to be inserted into that Act by paragraph 36 of that Schedule;

• (f) the offence contained in the new section 76B(3) to be inserted into that Act by paragraph 46 of that Schedule.

• (4) Section 85 of the 2012 Act (removal of £5,000 limit on certain fines on conviction by magistrates' court) applies in relation to the power in the new section 69A(1)(b) to be inserted into the Childcare Act 2006 by paragraph 35 of Schedule 4 to this Act as if the power were a relevant power (as defined in section 85(3) of the 2012 Act).

• (5) Regulations described in section 85(11) of the 2012 Act may amend, repeal or otherwise modify a provision of this Act or the Childcare Act 2006.

Financial provision

138

• (1) There is to be paid out of money provided by Parliament—

• (a) any expenses incurred by a Minister of the Crown or a government department under this Act, and

• (b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

• (2) There is to be paid into the Consolidated Fund any increase attributable to this Act in the sums payable into that Fund under any other Act.

Commencement

139

• (1) This Part comes into force on the day on which this Act is passed.

• (2) Section 1—

• (a) so far as it relates to England, comes into force on such day as the Secretary of State appoints by order, and

• (b) so far as it relates to Wales, comes into force on such day as the Welsh Ministers appoint by order.

• (3) Sections 10, 13 and 17 come into force on such day as the Lord Chancellor appoints by order.

• (4) Sections 18, 90, 101, 102, 103 and 104 come into force at the end of the period of two months beginning with the day on which this Act is passed.

• (5) Part 6 comes into force on 1 April 2014.

• (6) The remaining provisions of this Act come into force on such day as the Secretary of State appoints by order.

• (7) An order under subsection (2), (3) or (6) may appoint different days for different purposes.

Short title and extent

140

• (1) This Act may be cited as the Children and Families Act 2014.

• (2) Part 3 of this Act (children and young people in England with special educational needs or disabilities) and section 100 (duty to support pupils with medical conditions) are to be included in the list of Education Acts set out in section 578 of the Education Act 1996.

• (3) This Act extends to England and Wales only, subject to the following subsections.

• (4) Section 94 extends to the whole of the United Kingdom.

• (5) Sections 126(2) to (4) and 134 extend to England and Wales and Scotland.

• (6) Section 126(3) and (4), so far as relating to paragraphs 5, 56 to 62 and 64 of Schedule 7, extends to Northern Ireland.

• (7) This Part extends to the whole of the United Kingdom.

• (8) An amendment or repeal made by this Act has the same extent as the provision to which it relates (ignoring extent by virtue of an Order in Council), subject to subsection (9).

• (9) Subsection (8) does not apply to the repeal made by section 90, which extends to England and Wales only.

SCHEDULE 1

1

The Adoption and Children Act 2002 is amended as follows.

2

• (1) Section 125 (Adoption and Children Act Register) is amended as follows.

• (2) In subsection (1) for “Her Majesty may by Order in Council make provision for the Secretary of State to” substitute “ The Secretary of State may ”.

• (3) After subsection (1) insert—

(1A) Regulations may provide that the register may contain— (a) prescribed information about children who a Welsh, Scottish or Northern Irish adoption agency is satisfied are suitable for adoption, (b) prescribed information about prospective adopters who a Welsh, Scottish or Northern Irish adoption agency is satisfied are suitable to adopt a child, (c) prescribed information about persons included in the register in pursuance of paragraph (a) or (b) in respect of things occurring after their inclusion.

• (4) In subsection (2) for “an Order under this section” substitute “ regulations ”.

• (5) In subsection (4) for “An Order under this section” substitute “ Regulations ”.

3

• (1) Section 126 (use of an organisation to establish the register) is amended as follows.

• (2) In subsection (1) omit “under an Order under section 125”.

• (3) In subsection (3) omit “(or general application in any part of Great Britain)”.

• (4) Omit subsection (4).

4

• (1) Section 127 (use of an organisation as agency for payments) is amended as follows.

• (2) In subsection (1) for “An Order under section 125” substitute “ Regulations ”.

• (3) In subsection (2) omit “(or general application in any part of Great Britain)”.

• (4) Omit subsection (3).

5

• (1) Section 128 (supply of information for the register) is amended as follows.

• (2) In subsection (1) for “An Order under section 125” substitute “ Regulations ”.

• (3) In subsection (2) for “the Order” substitute “ regulations ”.

• (4) In subsection (3) for “An Order under section 125” substitute “ Regulations ”.

6

• (1) Section 129 (disclosure of information) is amended as follows.

• (2) In subsection (1) for “or (3)” substitute “ , (2A) or (3) or section 128A ”.

• (3) After subsection (2) insert—

(2A) Regulations may make provision permitting the disclosure of prescribed information entered in the register, or compiled from information entered in the register— (a) to an adoption agency or to a Welsh, Scottish or Northern Irish adoption agency for any prescribed purpose, or (b) for the purpose of enabling the information to be entered in a register which is maintained in respect of Wales, Scotland or Northern Ireland and which contains information about children who are suitable for adoption or prospective adopters who are suitable to adopt a child.

• (4) In subsection (4)—

• (a) for “An Order under section 125” substitute “ Regulations ”, and

• (b) after “(2)” insert “ or (2A) ”.

• (5) In subsection (5) omit paragraph (b) (and the “or” which precedes it).

• (6) In subsection (6) after “(2)” insert “ , (2A) ”.

• (7) In subsection (7)—

• (a) for “An Order under section 125” substitute “ Regulations ”,

• (b) in paragraph (a) after “(2)” insert “ or (2A) ”,

• (c) after paragraph (a) (and before the “or” which follows it) insert—

(aa) by a prescribed Welsh, Scottish or Northern Irish adoption agency in respect of information disclosed under subsection (2A),

, and

• (d) in paragraph (b) for “to whom information is disclosed under subsection (3)” substitute “ in respect of information disclosed under subsection (2A) or (3) ”.

7

Section 130 (territorial application) is repealed.

8

• (1) Section 131 (supplementary) is amended as follows.

• (2) In subsection (1)—

• (a) before paragraph (a) insert—

(za) adoption agency” means— (i) a local authority in England, (ii) a registered adoption society whose principal office is in England,

,

• (b) in paragraph (b) for “an Order under section 125” substitute “ regulations ”,

• (c) after paragraph (c) insert—

(ca) Welsh adoption agency” means— (i) a local authority in Wales, (ii) a registered adoption society whose principal office is in Wales.

, and

• (d) omit paragraphs (d) and (e).

• (3) In subsection (2) after “sections” insert “ (except sections 125(1A) and 129(2A)) ”.

• (4) After subsection (2) insert—

(2A) For the purposes of sections 125(1A) and 129(2A)— (a) a child is suitable for adoption if a Welsh, Scottish or Northern Irish adoption agency is satisfied that the child ought to be placed for adoption, (b) prospective adopters are suitable to adopt a child if a Welsh, Scottish or Northern Irish adoption agency is satisfied that they are suitable to have a child placed with them for adoption.

• (5) Omit subsections (4) to (7).

9

In section 142 (supplementary and consequential provision), in subsection (4) omit the words from “or of Her Majesty” to the end.

10

In section 144 (general interpretation etc), in subsection (2)—

• (a) omit “Order in Council or”, and

• (b) in paragraph (b) omit “Order or, as the case may be,”.

11

• (1) Sections 125 to 131 cease to have effect in relation to Scotland.

• (2) Accordingly, in section 149 (extent), in subsection (4) omit paragraph (b).

SCHEDULE 2

PART 1 — Amendments of the Children Act 1989

1

The Children Act 1989 is amended as follows.

2

• (1) Section 5 (appointment of guardians) is amended as follows.

• (2) In subsection (1)(b) (application to court for appointment of guardian may be made following death of person with whom child was to live) for “residence order has been made with respect to the child in favour of a parent, guardian or special guardian of his who” substitute “ parent, guardian or special guardian of the child's was named in a child arrangements order as a person with whom the child was to live and ”.

• (3) In subsection (7)(b) (when non-court appointment of guardian under subsection (3) or (4) takes effect) for “residence order in his favour was in force with respect to the child or he” substitute “ child arrangements order was in force in which the person was named as a person with whom the child was to live or the person ”.

• (4) In subsection (9)—

• (a) for “residence” substitute “ child arrangements ”,

• (b) for “was also made in favour of” substitute “ also named ”, and

• (c) after “child” insert “ as a person with whom the child was to live ”.

3

In the title of section 8 for “Residence, contact” substitute “ Child arrangements orders ”.

4

• (1) Section 9 (restrictions on making section 8 orders) is amended as follows.

• (2) In subsection (1) (no section 8 order other than a residence order to be made if child is in care) for “residence order” substitute “ child arrangements order to which subsection (6B) applies ”.

• (3) In subsection (2) (local authorities cannot obtain residence or contact orders) for “residence order or contact” substitute “ child arrangements ”.

• (4) In subsection (5)(a) (specific issue order or prohibited steps order not to be made where result could be achieved by a residence or contact order) for “residence or contact” substitute “ child arrangements ”.

• (5) In subsection (6) (section 8 orders other than residence orders are only exceptionally to have effect once child is 16) for “specific issue order, contact order or prohibited steps” substitute “ section 8 ”.

• (6) After subsection (6) insert—