Children and Families Act 2014

(78A) (1) The Chief Inspector may at any reasonable time enter any premises in England if the Chief Inspector has reasonable cause to believe that a person on the premises is falsely representing— (a) that the person is an early years childminder agency, or (b) that the person is a later years childminder agency. (2) The Chief Inspector may at any reasonable time enter any premises in England which is registered in— (a) the early years register as premises of an early years childminder agency, or (b) Part A of the general childcare register as premises of a later years childminder agency, for any of the purposes in subsection (3). (3) Those purposes are— (a) conducting an inspection under section 51D(1) or 61E(1); (b) determining whether any conditions or requirements imposed by or under this Part are being complied with. (4) An authorisation given by the Chief Inspector under paragraph 9(1) of Schedule 12 to the Education and Inspections Act 2006 in relation to the functions under subsection (1) or (2)— (a) may be given for a particular occasion or period; (b) may be given subject to conditions. (5) A person entering premises under this section may (subject to any conditions imposed under subsection (4)(b))— (a) inspect the premises; (b) inspect, and take copies of— (i) any records kept concerning early years providers or later years providers, and (ii) any other documents containing information relating to such providers; (c) seize and remove any document or other material or thing found there which the person has reasonable grounds to believe may be evidence of a failure to comply with any condition or requirement imposed by or under this Part; (d) take measurements and photographs or make recordings; (e) interview in private any person present on the premises who works there. (6) A person entering premises under this section may (subject to any conditions imposed under subsection (4)(b)) require any person to afford such facilities and assistance with respect to matters within the person's control as are necessary to enable the powers under this section to be exercised. (7) Section 58 of the Education Act 2005 (inspection of computer records for the purposes of Part 1 of that Act) applies for the purposes of this section as it applies for the purposes of Part 1 of that Act. (8) It is an offence intentionally to obstruct a person exercising any power under this section. (9) A person guilty of an offence under subsection (8) is liable on summary conviction to a fine not exceeding level 4 on the standard scale. (10) In this section, “documents” and “records” each include information recorded in any form. (78B) (1) This section applies where a person (“the authorised person”) proposes to enter domestic premises in pursuance of a power of entry conferred by section 78A(2). (2) If the authorised person has reasonable cause to believe that the premises are the home of a person who— (a) is not employed by the early years childminder agency or (as the case may be) the later years childminder agency, or (b) is not a director, manager or other officer of, or partner in, the agency, a member of its governing body or otherwise directly concerned in the management of the agency, the authorised person may not enter the premises without the consent of an adult who is an occupier of the premises and who falls within paragraph (a) or (b).

50

In section 79 (power of constable to assist in exercise of powers of entry), in subsection (2), in paragraph (a) after “77” insert “ or 78A ”.

51

• (1) Section 82 (supply of information to the Chief Inspector), is amended as follows.

• (2) The existing provision becomes subsection (1).

• (3) In that subsection, after “later years provider” insert “ , or (as the case may be) as an early years childminder agency or later years childminder agency, ”.

• (4) After subsection (1) insert—

(2) The Chief Inspector's power under subsection (1) includes a power to require an early years childminder agency or a later years childminder agency to provide the Chief Inspector with information about an early years provider or a later years provider registered with the agency for the purposes of Chapter 2, 3 or 4.

52

• (1) Section 83 (supply of information to HMRC and local authorities) is amended as follows.

• (2) In subsection (4)—

• (a) after “in which” insert

— (a)

, and

• (b) after “registered” insert

; (b) registered premises of the early years childminder agency or later years childminder agency are (or, as the case may be, were) located.

• (3) In the title, at the end insert “ by the Chief Inspector ”.

53

After section 83 insert—

(83A) (1) An early years childminder agency or a later years childminder agency must provide prescribed information to the Secretary of State, Her Majesty‘s Revenue and Customs, and each relevant local authority, if it— (a) grants a person's application for registration for the purposes of Chapter 2, 3 or 4; (b) takes any other steps under this Part of a prescribed description. (2) The information which may be prescribed for the purposes of this section is— (a) in the case of information to be provided to the Secretary of State, information which the Secretary of State may require for the purposes of the Secretary of State's functions in relation to universal credit under Part 1 of the Welfare Reform Act 2012; (b) in the case of information to be provided to Her Majesty's Revenue and Customs, information which Her Majesty's Revenue and Customs may require for the purposes of their functions in relation to tax credits; (c) in the case of information to be provided to a relevant local authority, information which would assist the local authority in the discharge of their functions under section 12. (3) In this section, “relevant local authority” means an English local authority for an area in which a person who is (or, as the case may be, was) registered with the early years childminder agency or later years childminder agency for the purposes of Chapter 2 or 3 provides (or has provided) early years provision or later years provision in respect of which he or she is (or was) registered.

54

In the title of section 84 (disclosure of information for certain purposes), at the end insert “ : the Chief Inspector ”.

55

After section 84 insert—

(84A) (1) An early years childminder agency or a later years childminder agency may arrange for prescribed information held by the agency in relation to persons registered with the agency under this Part to be made available for the purpose of— (a) assisting parents or prospective parents in choosing an early years provider or later years provider, or (b) protecting children from harm or neglect. (2) The information may be made available in such manner and to such persons as the agency considers appropriate. (3) Regulations may require an early years childminder agency or a later years childminder agency to provide prescribed information held by the agency in relation to persons registered with the agency under this Part to prescribed persons for either of the purposes mentioned in subsection (1).

56

In section 85 (offence of making false or misleading statement), in subsection (1) for “he” substitute “ the person ”.

57

• (1) Section 87 (offences by bodies corporate) is amended as follows.

• (2) In subsection (1) for “This section” substitute “ Subsection (2) ”.

• (3) After subsection (2) insert—

(3) Subsection (4) applies where any offence under this Part is committed by a partnership. (4) If the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any partner, that partner (as well as the partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.

• (4) In the title, at the end insert “ and partnerships ”.

58

In section 89 (fees), in subsection (1) after “to 4” insert “ in the early years register or the general childcare register ”.

59

• (1) Section 90 (cases where consent to disclosure is withheld) is amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (a) for “Chapter 2, 3 or 4” substitute “ any of Chapters 2 to 4 ”, and

• (b) in paragraph (b) after “68(2)(a)” insert “ or 69B(2)(a) ”.

• (3) In subsection (2)(b) omit “his” in both places it occurs.

60

• (1) Section 93 (notices) is amended as follows.

• (2) In subsection (1)—

• (a) after paragraph (a) insert—

(aa) section 57A(2) and (4); (ab) section 61C(1);

, and

• (b) after paragraph (b) insert—

(ba) section 65A(1) and (3);

.

• (3) In subsection (2)(a) for “him” substitute “ the person ”.

• (4) In subsection (4)—

• (a) in paragraph (a) for “his” substitute “ a ”, and

• (b) in paragraph (b) omit “by him”.

61

In section 94 (power to amend Part 3: applications in respect of multiple premises), in paragraph (a)—

• (a) after “36(1)” insert “ or (1A) ”, and

• (b) after “55(1)” insert “ or (1A) ”.

62

• (1) Section 98 (interpretation of Part 3) is amended as follows.

• (2) In subsection (1)—

• (a) after the definition of “childcare” insert—

“childminder agency” means— (a) an early years childminder agency; (b) a later years childminder agency;

,

• (b) after the definition of “domestic premises” insert—

“early years childminder agency” means a person registered in the early years register as an early years childminder agency;

, and

• (c) before the definition of “later years provision” insert—

“later years childminder agency” means a person registered in Part A of the general childcare register as a later years childminder agency;

.

• (3) After that subsection insert—

(1A) A person is registered for the purposes of this Part if that person is registered— (a) in the early years register, (b) in the general childcare register, or (c) with an early years childminder agency or a later years childminder agency.

PART 6 — Other amendments

63

In section 99 of the Childcare Act 2006 (provision of information about young children: England), in subsection (1) after paragraph (a) (and before the “and” which follows it) insert—

(aa) a person registered as an early years childminder agency under Chapter 2A of Part 3,

.

64

In the Employment Agencies Act 1973, in section 13(7) (exemptions) after paragraph (c) insert—

(ca) an early years childminder agency or a later years childminder agency (as defined in section 98 of the Childcare Act 2006);

.

SCHEDULE 5

Inquiries

1

• (1) Section 3 of the Children Act 2004 (inquiries initiated by Commissioner) is amended as follows.

• (2) Omit subsection (3) (requirement to consult the Secretary of State before holding an inquiry).

• (3) In subsection (7) for “under any enactment” substitute “ of a public nature ”.

2

• (1) Section 4 of the Children Act 2004 (inquiries held on the direction of the Secretary of State) is repealed.

• (2) In consequence of sub-paragraph (1), omit the following provisions of the Children Act 2004—

• (a) section 5(6) and (7) (inquiries in Wales),

• (b) section 6(7) to (9) (inquiries in Scotland), and

• (c) section 7(7) to (9) (inquiries in Northern Ireland).

Functions of Commissioner: children in Wales, Scotland and Northern Ireland

3

• (1) Section 5 of the Children Act 2004 (functions of Commissioner in Wales) is amended as follows.

• (2) In subsection (1), for “promoting awareness of the views and interests of children in Wales” substitute “ promoting and protecting the rights of children in Wales ”.

• (3) After subsection (1) insert—

(1A) The function under subsection (1) includes promoting awareness of the views and interests of children in Wales.

• (4) For subsection (2) substitute—

(2) Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F apply in relation to the Children's Commissioner's function under subsection (1) as in relation to the Commissioner's primary function. (2A) For the purposes of subsection (2)— (a) section 2(3)(i) has effect as if for “in England” there were substituted “ in Wales, except in so far as relating to any matter falling within the remit of the Children's Commissioner for Wales under section 72B, 73 or 74 of the Care Standards Act 2000, ”, (b) sections 2(4) and 2B(3) have effect as if for “children who are within section 8A (children living away from home or receiving social care) and other groups of children” there were substituted “ groups of children ”, (c) section 2E(1) has effect as if “and the function under section 2D” were omitted, and (d) section 2F(1) has effect as if “or the function under section 2D” were omitted.

4

• (1) Section 6 of the Children Act 2004 (functions of Commissioner in Scotland) is amended as follows.

• (2) In subsection (1), for “promoting awareness of the views and interests of children in Scotland in relation to reserved matters” substitute “ promoting and protecting the rights of children in Scotland where those rights are or may be affected by reserved matters ”.

• (3) After subsection (1) insert—

(1A) The function under subsection (1) includes promoting awareness of the views and interests of children in Scotland.

• (4) For subsection (2) substitute—

(2) Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F apply in relation to the Children's Commissioner's function under subsection (1) as in relation to the Commissioner's primary function. (2A) For the purposes of subsection (2)— (a) section 2(3)(i) has effect as if for “in England” there were substituted “ in Scotland, in relation to reserved matters, ”, (b) sections 2(4) and 2B(3) have effect as if for “children who are within section 8A (children living away from home or receiving social care) and other groups of children” there were substituted “ groups of children ”, (c) section 2E(1) has effect as if “and the function under section 2D” were omitted, and (d) section 2F(1) has effect as if “or the function under section 2D” were omitted.

5

• (1) Section 7 of the Children Act 2004 (functions of Commissioner in Northern Ireland) is amended as follows.

• (2) In subsection (1), for “promoting awareness of the views and interests of children in Northern Ireland in relation to excepted matters” substitute “ promoting and protecting the rights of children in Northern Ireland where those rights are or may be affected by excepted matters ”.

• (3) After subsection (1) insert—

(1A) The function under subsection (1) includes promoting awareness of the views and interests of children in Northern Ireland.

• (4) For subsection (2) substitute—

(2) Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F apply in relation to the Children's Commissioner's function under subsection (1) as in relation to the Commissioner's primary function. (2A) For the purposes of subsection (2)— (a) section 2(3)(i) has effect as if for “in England” there were substituted “ in Northern Ireland, in relation to excepted matters, ”, (b) sections 2(4) and 2B(3) have effect as if for “children who are within section 8A (children living away from home or receiving social care) and other groups of children” there were substituted “ groups of children ”, (c) section 2E(1) has effect as if “and the function under section 2D” were omitted, and (d) section 2F(1) has effect as if “or the function under section 2D” were omitted.

Young persons

6

• (1) For section 9 of the Children Act 2004 (care leavers and young persons with learning disabilities) substitute—

(9) (1) This section applies for the purposes of this Part, other than sections 2A and 8A (and references in this Part to a child who is within section 8A). (2) For the purposes of the Children's Commissioner's functions in respect of children in England, a reference to a child includes, in addition to a person under the age of 18— (a) a person aged 18 or over for whom an EHC plan is maintained by a local authority, (b) a person aged 18 or over and under 25 to whom a local authority in England has provided services under any of sections 23C to 24D of the Children Act 1989 at any time after reaching the age of 16, or (c) a person aged 18 or over and under 25 who has been looked after by a local authority (in Wales, Scotland or Northern Ireland) at any time after reaching the age of 16. (3) For the purposes of the Children's Commissioner's functions in respect of children in Wales, Scotland and Northern Ireland, a reference to a child includes, in addition to a person under the age of 18, a person aged 18 or over and under 25— (a) who has a learning disability, (b) who has been looked after by a local authority (in Wales, Scotland or Northern Ireland) at any time after reaching the age of 16, or (c) to whom a local authority in England has provided services under any of sections 23C to 24D of the Children Act 1989 at any time after reaching the age of 16. (4) For the purposes of this section— - “EHC plan” means a plan within section 37(2) of the Children and Families Act 2014 (education, health and care plans); - “learning disability” means a state of arrested or incomplete development of mind which induces significant impairment of intelligence and social functioning; - a person is “looked after by a local authority” if— 1. for the purposes of the Children Act 1989, he or she is looked after by a local authority in Wales; 2. for the purposes of the Children (Scotland) Act 1995, he or she is looked after by a local authority in Scotland; 3. for the purposes of the Children (Northern Ireland) Order 1995, he or she is looked after by an authority in Northern Ireland.

• (2) Until the coming into force of Part 3 of this Act, section 9 of the Children Act 2004 (as substituted by sub-paragraph (1)) has effect as if—

• (a) in subsection (2) for paragraph (a) there were substituted—

(a) a person aged 18 or over and under 25 in respect of whom an assessment under section 139A of the Learning and Skills Act 2000 (a learning difficulty assessment) has been conducted,

, and

• (b) in subsection (4) the definition of “EHC plan” were omitted.

Appointment and tenure of Children’s Commissioner

7

In Schedule 1 to the Children Act 2004, in paragraph 3 (appointment and tenure of office)—

• (a) in sub-paragraph (2) for “, to such extent and in such manner as he thinks fit,” substitute “ take reasonable steps to ”,

• (b) in sub-paragraph (4) for “five years” substitute “ six years ”, and

• (c) in sub-paragraph (5) for “is eligible for reappointment once only” substitute “ is not eligible for reappointment ”.

8

In Schedule 1 to the Children Act 2004, after paragraph 3 insert—

(3A) (1) Where there is a vacancy in the office of Children's Commissioner, the Secretary of State may appoint a person as interim Children's Commissioner. (2) Subject to the provisions of this paragraph, a person holds and vacates office as interim Children's Commissioner in accordance with the terms and conditions of the appointment as determined by the Secretary of State. (3) An appointment as interim Children's Commissioner is for a term ending— (a) with the appointment of a person as the Children's Commissioner under paragraph 3, or (b) if sooner, at the end of the period of six months beginning with the date on which the appointment as interim Children's Commissioner was made. (4) A person who has held office as interim Children's Commissioner— (a) is eligible for reappointment, and (b) is eligible for appointment as the Children's Commissioner. (5) An interim Children's Commissioner may at any time resign by notice in writing to the Secretary of State. (6) The Secretary of State may remove an interim Children's Commissioner from office if satisfied that the interim Commissioner has— (a) become unfit or unable properly to discharge his or her functions; or (b) behaved in a way that is not compatible with continuing in office.

Deputy Children’s Commissioner

9

• (1) In Schedule 1 to the Children Act 2004, in paragraph 5 (staff)—

• (a) in sub-paragraph (1) omit “, one of whom shall be appointed as deputy Children's Commissioner”,

• (b) omit sub-paragraph (2), and

• (c) in sub-paragraph (3) omit “Without prejudice to sub-paragraph (2),”.

• (2) In consequence of sub-paragraph (1), in section 36(6) of the Criminal Justice and Court Services Act 2000 (meaning of “regulated position”), in paragraph (fa) omit “and deputy Children's Commissioner”.

SCHEDULE 6

Staff transfer schemes

1

• (1) The Secretary of State may make a scheme (a “staff transfer scheme”) providing for designated members of staff of the Office for Standards in Education, Children's Services and Skills (“the Office”) to become members of the Children's Commissioner's staff.

• (2) A staff transfer scheme may provide—

• (a) for the terms and conditions of service of a member of staff of the Office to have effect (subject to any necessary modifications) as the terms and conditions of service as a member of the Children's Commissioner's staff;

• (b) for the transfer to the Children's Commissioner of the rights, powers, duties and liabilities of the Office under or in connection with the contract of employment of the member of staff;

• (c) for anything done (or having effect as if done) before that transfer by or in relation to the Office in respect of such a contract or the member of staff to be treated as having been done by or in relation to the Children's Commissioner.

• (3) A staff transfer scheme may provide for a period before a person became a member of the Children's Commissioner's staff to count as a period during which he or she was a member of the Commissioner's staff (and for the operation of the scheme not to be treated as having interrupted the continuity of that period).

• (4) A staff transfer scheme may provide for a person who would be treated (by an Act or otherwise) as being dismissed by the operation of the scheme not to be so treated.

• (5) A staff transfer scheme may provide for a person who is a member of staff of the Office not to become a member of the Children's Commissioner's staff if the person gives notice objecting to the operation of the scheme in relation to him or her.

Property transfer schemes

2

• (1) The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer to the Children's Commissioner of designated property, rights or liabilities of the Office.

• (2) A property transfer scheme may—

• (a) create rights, or impose liabilities, in relation to property or rights transferred by virtue of the scheme;

• (b) provide for anything done by or in relation to the Office in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the Children's Commissioner;

• (c) apportion property, rights and liabilities;

• (d) make provision about the continuation of legal proceedings.

• (3) The things that may be transferred by a property transfer scheme include—

• (a) property, rights and liabilities that could not otherwise be transferred;

• (b) property acquired, and rights and liabilities arising, after the making of the scheme.

The Chief Inspector

3

In the following provisions of this Schedule, a reference to the Office includes a reference to the Chief Inspector—

• (a) paragraph 1(2)(b) (to the extent that the Chief Inspector has rights, powers, duties or liabilities under or in connection with the contract of employment of a member of staff of the Office);

• (b) paragraph 1(2)(c) (to the extent that anything has been done (or has effect as if done) by or in relation to the Chief Inspector in respect of such a contract or member of staff before a transfer);

• (c) paragraph 2(1) (to the extent that the Chief Inspector has property, rights or liabilities);

• (d) paragraph 2(2)(b) (to the extent that anything has been done by or in relation to the Chief Inspector in respect of any property, rights or liabilities transferred by a property transfer scheme).

Continuity

4

A transfer by virtue of a staff transfer scheme or a property transfer scheme does not affect the validity of anything done by or in relation to the Office or the Chief Inspector before the transfer takes effect.

Supplementary provisions

5

A staff transfer scheme or a property transfer scheme may include supplementary, incidental, transitional and consequential provision.

Interpretation

6

In this Schedule—

• “the Chief Inspector” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;

• “designated”, in relation to a staff transfer scheme or a property transfer scheme, means specified in, or determined in accordance with, the scheme;

• “the Office” has the meaning given in paragraph 1(1).

SCHEDULE 7

Social Security Act 1989 (c. 24)

1

Schedule 5 to the Social Security Act 1989 (employment-related schemes for pensions or other benefits to comply with the principle of equal treatment for men and women) is amended as follows.

2

• (1) Paragraph 5A (schemes that contain unfair paternity leave provisions) is amended as follows.

• (2) In sub-paragraph (3) (how scheme affected), in the words following paragraph (b), for “, ordinary statutory paternity pay or additional statutory paternity pay” there is substituted “ or statutory paternity pay ”.

• (3) In sub-paragraph (4) (definitions), in the definition of “period of paid paternity leave”—

• (a) in paragraph (a), after “(6), (7)” there is inserted “ , (7A) or (7B) ”;

• (b) in paragraph (a), the words “or (8)” are repealed;

• (c) in paragraph (b), for “, ordinary statutory paternity pay or additional statutory paternity pay” there is substituted “ or statutory paternity pay ”.

• (4) In sub-paragraph (7) (type of paid paternity leave: where adoption does not involve placement for adoption under the law of any part of the United Kingdom), for “section 171ZK” there is substituted “ section 171ZK(1) ”.

• (5) After sub-paragraph (7) there is inserted—

(7A) This sub-paragraph applies if— (a) the member's absence from work is due to the placement or expected placement of a child under section 22C of the Children Act 1989, and (b) in relation to that child, the member satisfies the conditions prescribed under section 171ZB(2)(a)(i) and (ii) of the Social Security Contributions and Benefits Act 1992, as modified by section 171ZB(8) of that Act (cases involving the placing of a child by a local authority in England with a local authority foster parent who has been approved as a prospective adopter). (7B) This sub-paragraph applies if— (a) the member's absence from work is due to the birth or expected birth of a child, and (b) in relation to that child, the member satisfies the conditions prescribed under section 171ZB(2)(a)(i) and (ii) of the Social Security Contributions and Benefits Act 1992, as applied by virtue of section 171ZK(2) of that Act (cases involving applicants for parental orders under section 54 of the Human Fertilisation and Embryology Act 2008).

• (6) Sub-paragraph (8) (absence from work in circumstances where certain conditions for payment of additional statutory paternity pay are satisfied) is repealed.

3

• (1) Paragraph 5B (schemes that contain unfair adoption leave provisions) is amended as follows.

• (2) In sub-paragraph (4) (definitions), in the definition of “period of paid adoption leave”, in paragraph (a), for “or (6)” there is substituted “ , (6), (7) or (8) ”.

• (3) After sub-paragraph (6) there is inserted—

(7) This sub-paragraph applies if— (a) the member's absence from work is due to the placement or expected placement of a child under section 22C of the Children Act 1989, and (b) in relation to that child, the member satisfies the condition in section 171ZL(2)(a) of the Social Security Contributions and Benefits Act 1992, as modified by section 171ZL(9) of that Act (cases involving the placing of a child by a local authority in England with a local authority foster parent who has been approved as a prospective adopter). (8) This sub-paragraph applies if— (a) the member's absence from work is due to the birth or expected birth of a child, and (b) in relation to that child, the member satisfies the condition in section 171ZL(2)(a) of the Social Security Contributions and Benefits Act 1992, as applied by virtue of section 171ZT(2) of that Act (cases involving applicants for parental orders under section 54 of the Human Fertilisation and Embryology Act 2008).

4

After paragraph 5B there is inserted—

(5C) (1) Where an employment-related benefit scheme includes any unfair shared parental leave provisions (irrespective of any differences on the basis of sex in the treatment accorded to members under those provisions), then— (a) the scheme shall be regarded to that extent as not complying with the principle of equal treatment; and (b) subject to sub-paragraph (3), this Schedule shall apply accordingly. (2) In this paragraph “unfair shared parental leave provisions”, in relation to an employment-related benefit scheme, means any provision— (a) which relates to continuing membership of, or the accrual of rights under, the scheme during any period of paid shared parental leave in the case of any member who is (or who, immediately before the commencement of such a period, was) an employed earner and which treats such a member otherwise than in accordance with the normal employment requirement; or (b) which requires the amount of any benefit payable under the scheme to or in respect of any such member, to the extent that it falls to be determined by reference to earnings during a period which included a period of paid shared parental leave, to be determined otherwise than in accordance with the normal employment requirement. (3) In the case of any unfair shared parental leave provision— (a) the more favourable treatment required by paragraph 3(1) is treatment no less favourable than would be accorded to the member in accordance with the normal employment requirement; and (b) paragraph 3(2) does not authorise the making of any such election as is there mentioned; but, in respect of any period of paid shared parental leave, a member shall only be required to pay contributions on the amount of contractual remuneration or statutory shared parental pay actually paid to or for the member in respect of that period. (4) In this paragraph— - “the normal employment requirement” is the requirement that any period of paid shared parental leave shall be treated as if it were a period throughout which the member in question works normally and receives the remuneration likely to be paid for doing so; - “period of paid adoption leave” has the same meaning as in paragraph 5B; - “period of paid paternity leave” has the same meaning as in paragraph 5A; - “period of paid shared parental leave”, in the case of a member, means a period— 1. throughout which the member is absent from work in circumstances where sub-paragraph (5), (6), (7), (8), (9) or (10) applies, and 2. for which the employer (or if the member is no longer in that person's employment, his former employer) pays the member any contractual remuneration or statutory shared parental pay. (5) This sub-paragraph applies if— (a) the member's absence from work is due to the birth of a child, (b) the member is the mother of the child, and (c) the absence from work is not absence on maternity leave (within the meaning of the Equality Act 2010). (6) This sub-paragraph applies if— (a) the member's absence from work is due to the birth of a child, (b) the member is a person who satisfies the conditions prescribed under section 171ZU(4)(b)(i) or (ii) of the Social Security Contributions and Benefits Act 1992 in relation to the child, and (c) the member's absence from work is not absence during a period of paid paternity leave. (7) This sub-paragraph applies if— (a) the member's absence from work is due to the placement of a child for adoption under the law of any part of the United Kingdom, (b) the member is— (i) a person with whom a child is placed for adoption under the law of any part of the United Kingdom, or (ii) a person who satisfies the conditions prescribed under section 171ZV(4)(b)(i) or (ii) of the Social Security Contributions and Benefits Act 1992 in relation to the child, and (c) the member's absence from work is not absence during— (i) a period of paid paternity leave, or (ii) a period of paid adoption leave. (8) This sub-paragraph applies if— (a) the member's absence from work is due to the placement of a child under section 22C of the Children Act 1989 by a local authority in England with a local authority foster parent who has been approved as a prospective adopter, (b) the member is— (i) the local authority foster parent with whom the child in question is placed under section 22C of the Children Act 1989, or (ii) a person who satisfies the conditions prescribed under section 171ZV(4)(b)(i) or (ii) of the Social Security Contributions and Benefits Act 1992, as modified by section 171ZV(18) of that Act (cases involving the placing of a child by a local authority in England with a local authority foster parent who has been approved as a prospective adopter), in relation to the child, and (c) the member's absence from work is not absence during— (i) a period of paid paternity leave, or (ii) a period of paid adoption leave. (9) This sub-paragraph applies if— (a) the member's absence from work is due to the adoption or expected adoption of a child who has entered the United Kingdom in connection with or for the purposes of adoption which does not involve placement of the child for adoption under the law of any part of the United Kingdom, (b) the member is— (i) the person who has adopted or expects to adopt the child in question, or (ii) a person who satisfies the conditions prescribed under section 171ZV(4)(b)(i) or (ii) of the Social Security Contributions and Benefits Act 1992, as applied by virtue of section 171ZZ5(1) of that Act (adoption cases not involving placement under the law of the United Kingdom), in relation to the child, and (c) the member's absence from work is not absence during— (i) a period of paid paternity leave, or (ii) a period of paid adoption leave. (10) This sub-paragraph applies if— (a) the member's absence from work is due to the birth of a child, (b) the member is a person who has applied, or intends to apply, for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in relation to the child, and (c) the member's absence from work is not absence during— (i) a period of paid paternity leave, or (ii) a period of paid adoption leave.

Finance Act 1989 (c. 26)

5

• (1) Section 182 of the Finance Act 1989 (offences relating to disclosure of information relating to social security functions etc) is amended as follows.

• (2) In subsection (1) (offence where official discloses information relating to an individual's tax affairs etc), in paragraph (c) (an individual's statutory pay)—

• (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 ”.

• (3) In subsection (2A) (meaning of “social security functions”), in paragraph (a)—

• (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 ”.

• (4) In subsection (4)(c) (offence where person discloses information relating to an individual's tax affairs etc), in sub-paragraph (iii) (an individual's statutory benefits and statutory pay)—

• (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 ”.

• (5) In subsection (5)(b) (exception to offence: disclosure with consent)—

• (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 ”.

• (6) In subsection (11A) (references to Great Britain statutory pay to include references to statutory pay under corresponding Northern Ireland 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) for “or Part 12ZB” there is substituted “ , Part 12ZB or Part 12ZC ”.

Social Security Contributions and Benefits Act 1992 (c. 4)

6

The Social Security Contributions and Benefits Act 1992 is amended as follows.

7

In section 1 (outline of contributory system), in subsection (5) (money provided by Parliament applied in relation to statutory pay)—

• (a) for “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 ”.

8

In section 4 (payments treated as remuneration and earnings), in subsection (1)(a)—

• (a) in sub-paragraph (iii), the word “ordinary” is repealed;

• (b) sub-paragraph (iv) (additional statutory paternity pay) and the “or” following it are repealed;

• (c) for the “and” following sub-paragraph (v) there is substituted

or (vi) statutory shared parental pay; and

.

9

In section 4C (power to make provision in consequence of provision made by or by virtue of section 4B etc), in subsection (11), in the definition of “statutory payment”, in paragraph (a)—

• (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 ”.

10

In the title of Part 12ZA, the words “Ordinary and additional” are repealed.

11

The italic cross-heading preceding section 171ZA is repealed.

12

• (1) Section 171ZA (entitlement to ordinary statutory paternity pay: birth) is amended as follows.

• (2) In subsection (1), for “ “ordinary statutory paternity pay”” there is substituted “ “statutory paternity pay” ”.

• (3) In subsection (4), the word “ordinary” is repealed.

13

• (1) Section 171ZB (entitlement to ordinary statutory paternity pay: adoption) is amended as follows.

• (2) In subsection (1), for “ “ordinary statutory paternity pay”” there is substituted “ “statutory paternity pay” ”.

• (3) In subsection (4), the word “ordinary” is repealed.

• (4) In subsection (6), the word “ordinary” is repealed.

14

• (1) Section 171ZC (entitlement to ordinary statutory paternity pay: general) is amended as follows.

• (2) In subsection (1), the word “ordinary”, in both places it occurs, is repealed.

• (3) In subsection (2), the word “ordinary” is repealed.

15

• (1) Section 171ZD (liability to pay ordinary statutory paternity pay) is amended as follows.

• (2) In subsection (1), the word “ordinary” is repealed.

• (3) In subsection (2)—

• (a) the word “ordinary”, in both places it occurs, is repealed;

• (b) the words “or additional statutory paternity pay (or both)” are repealed.

16

• (1) Section 171ZE (rate and period of pay) is amended as follows.

• (2) In subsection (1), the word “Ordinary” is repealed.

• (3) In subsection (2)—

• (a) in the words preceding paragraph (a), the word “Ordinary” is repealed;

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

• (4) In subsection (4), the word “Ordinary” is repealed.

• (5) In subsection (5), the word “ordinary” is repealed.

• (6) In subsection (7), the word “ordinary”, in both places it occurs, is repealed.

• (7) In subsection (8), the word “ordinary” is repealed.

• (8) In subsection (10A), the word “ordinary”, in both places it occurs, is repealed.

• (9) In subsection (11), in the definition of “statutory pay week”, the word “ordinary”, in both places it occurs, is repealed.

17

The italic cross-heading preceding section 171ZEA is repealed.

18

The italic cross-heading preceding section 171ZF is repealed.

19

In section 171ZF (restrictions on contracting out), in subsection (2) (agreements which are not void for contracting out), for “ordinary statutory paternity pay or additional statutory paternity pay” there is substituted “ statutory paternity pay ”.

20

In section 171ZG (relationship with contractual remuneration), subsection (4) is repealed.

21

• (1) Section 171ZJ (provision supplementary to Part 12ZA) is amended as follows.

• (2) In subsection (5) (meaning of “week”), for “sections 171ZE and 171ZEE” there is substituted “ section 171ZE ”.

• (3) In subsection (10)(f) (regulations relating to NHS contracts treated as a single contract: provision for identifying the employer under the single contract), for “ordinary statutory paternity pay or additional statutory paternity pay” there is substituted “ statutory paternity pay ”.

22

In section 176 (Parliamentary control of subordinate legislation), in subsection (1) (affirmative procedure), in paragraph (a), the words “171ZEA to 171ZEE;” are repealed.

Social Security Administration Act 1992 (c. 5)

23

The Social Security Administration Act 1992 is amended as follows.

24

In section 5 (regulations about claims for and payments of benefits), in subsection (5) (application of provisions of subsection (1) to statutory pay)—

• (a) for “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 ”.

25

In section 122AA (disclosure of contributions information etc by HMRC), in subsection (1) (disclosure to HSE etc or because of reciprocal agreements with other countries)—

• (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 ”.

26

In section 150 (annual up-rating of benefits), in subsection (1) (sums to be reviewed), in paragraph (j), for “171ZEE(1) or 171ZN(1)” there is substituted “ 171ZN(2E)(b) or 171ZY(1) ”.

27

In section 163 (general financial arrangements), in subsection (1) (payments to be made out of the National Insurance Fund), in paragraph (d) (sums falling to be paid etc by HMRC under regulations relating to forms of statutory pay)—

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

• (b) before the words “, falls to be” there is inserted “or statutory shared parental pay”.

28

• (1) Section 165 (adjustments between the National Insurance Fund and the Consolidated Fund) is amended as follows.

• (2) In subsection (1) (payments from National Insurance Fund into Consolidated Fund), in paragraph (b) (payments by way of adjustment in consequence of the operation of legislation relating to forms of statutory pay)—

• (a) in sub-paragraph (iii) (ordinary statutory paternity pay), the word “ordinary” is repealed;

• (b) sub-paragraph (iv) (additional statutory paternity pay) and the “and” following it are repealed;

• (c) in sub-paragraph (v), at the end there is inserted

; and (vi) statutory shared parental pay.

• (3) In subsection (5) (payments from National Insurance Fund into Consolidated Fund), in paragraph (a) (sums in respect of HMRC administrative expenses)—

• (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 ”.

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 statutory 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

In 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) in 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, the 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) In 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) after 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) In 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) shared 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) Section 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 employees 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) after “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) for “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 working 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 “ 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) after “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) after 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 absent 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) This 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 80B,

;

• (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 or 75G,

.

43

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

• (a) “80AA,”;

• (b) “80BB,”.

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) In 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 statutory 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) in 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) in 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) after “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) after “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) 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 ”.

• (3) In subsection (3) (regulations requiring concurrence of the Secretary of State)—

• (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 ”.

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 under Northern Ireland legislation corresponding to the provisions of Part 12ZC of the Social Security Contributions and Benefits Act 1992.

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 number 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)

50

The Employment Act 2002 is amended as follows.

51

• (1) Section 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 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) (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) after “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 pay, ”;

• (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) for “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 substituted “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 parental 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) for “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) in 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 statutory 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) after “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 statutory 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 pay 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) 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 ”.

54

In section 11 (penalties for failure to comply), in subsection (6) (failures to make 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) Section 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) In 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 substituted “ 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 substituted “ 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 Customs), 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) Section 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) after “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) after “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) in 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) after 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 Ireland 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) for “or Part 12ZB” there is substituted “ , Part 12ZB or Part 12ZC ”.

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) in 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) In 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) after 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) in 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) statutory 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)

61

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

62

• (1) Section 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 substituted “ Statutory ”.

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

Statutory shared parental pay	SSCBA 1992	Section 171ZU or 171ZV
Statutory shared parental pay	Any provision made for Northern Ireland which corresponds to section 171ZU or 171ZV of SSCBA 1992	Any provision made for Northern Ireland which corresponds to section 171ZU or 171ZV of SSCBA 1992

.

• (5) In subsection (2)—

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

• (b) in 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) In 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 “paternity leave” there is inserted “ , shared parental leave ”.

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) In 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.

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

In 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)

69

The Income Tax Act 2007 is amended as follows.

70

In 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 employees 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 employee), in paragraph (b)(i), for “or paternity” there is substituted “ , paternity or shared parental ”.

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) for “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 substituted “ 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)

74

In section 13 of the Pensions Act 2008 (qualifying earnings), in subsection (3) (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) statutory shared parental pay under Part 12ZC of that Act;

.

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 pay), subsections (6) and (7) are repealed.

Contact between prescribed persons and adopted person's relatives

Placement of looked after children with prospective adopters

Repeal of requirement to give due consideration to ethnicity: England

Adoption support services: personal budgets

Contact: children in care of local authorities

Welfare of the child: parental involvement

Care plans

Care proceedings and care plans: regulations: procedural requirements

Repeal of uncommenced provisions of Part 2 of the Family Law Act 1996

Repeal of uncommenced provisions of Part 2 of the Family Law Act 1996

Local authority functions: supporting and involving children and young people

Equality Act 2010: claims against schools by disabled young people

Childminder agencies

Inspections at request of providers of childcare to young children

Extension of licensing of child performances to children under 14

Purchase of tobacco, nicotine products etc. on behalf of persons under 18

Smoking in a private vehicle

Parent carers

Arrangements for living with former foster parents after reaching adulthood

Promotion of educational achievement of children looked after by local authorities

Objectives and standards for establishments and agencies in England

Provision of free school lunches

Provision by Commissioner of advice and assistance to certain children

Shared parental leave

Exclusion or curtailment of other statutory rights to leave

Exclusion or curtailment of other statutory rights to leave

Statutory shared parental pay

Statutory rights to leave and pay of prospective adopters with whom looked after children are placed

Abolition of additional paternity leave and additional statutory paternity pay

Time off work to accompany to ante-natal appointments

Time off work to accompany to ante-natal appointments

Time off work to attend adoption appointments

Right not to be subjected to detriment: agency workers

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

Dealing with applications

Orders and regulations

Consequential amendments, repeals and revocations

Marriage Act 1949 (c. 76)

Children and Young Persons Act 1969 (c. 54)

Local Authority Social Services Act 1970 (c. 42)

Domicile and Matrimonial Proceedings Act 1973 (c. 45)

Mental Health Act 1983 (c. 20)

Child Abduction Act 1984 (c. 37)

Child Abduction and Custody Act 1985 (c. 60)