The Paternity, Adoption and Shared Parental Leave (Parental Order Cases) Regulations 2014

7A

Regulation 3 (application) of the Leave Regulations as they apply to section 54A parental order parents shall read as if—

• (a) paragraph (1) were omitted;

• (b) the words of paragraph (2) were—

The provisions in relation to adoption leave under regulation 15 have effect in relation to children whose expected week of birth begins on or after the last day of the period of 120 days beginning with the day on which the Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 comes into force.

; and

• (c) in paragraphs (3) and (6), the words “8th December 2002” were “on or after the day on which the Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 comes into force”.

13A

In regulation 15 (entitlement to ordinary adoption leave) of the Leave Regulations, as they apply to section 54A parental order parents—

• (a) paragraph (1)(a) shall read as if the word “conditions” were “condition”;

• (b) paragraph (2) shall read as if the words of that paragraph were—

The condition referred to in paragraph (1) is that the employee is a child’s section 54A parental order parent.

• (c) paragraph (4) shall read as if the words of that paragraph were—

An employee’s entitlement to leave under this regulation shall not be affected by the birth or expected birth of more than one child as a result of the same pregnancy.

16A

In regulation 20 (additional adoption leave: entitlement duration and commencement) of the Leave Regulations as they apply to section 54A parental order parents, paragraph (1)(a) shall read as if the words of that sub-paragraph were “the employee is a section 54A parental order parent in respect of that child.”

17A

In regulation 22 (disrupted placement in the course of adoption leave) of the Leave Regulations as they apply to section 54A parental order parents—

• (a) paragraph (1) shall read as if the words of that paragraph were—

This regulation applies where— (a) the employee does not apply for an order under section 54A of the Human Fertilisation and Embryology Act 1998 within the time limit set by subsection (2) of that section; (b) the employee’s application for an order under that section for the child is refused, withdrawn or otherwise terminated without the order being granted and any time limit for an appeal or new application has expired; or (c) the child dies.

• (b) paragraph (3) shall read as if—

• (i) in paragraph (a), the words from “the person with whom” to the end were “the time limit in section 54A(2) of the Human Fertilisation and Embryology Act 2008 for an application for an order under that section for the child expires;”;

• (ii) in paragraph (b), the words “paragraph (1)(b)(i)” to the end were “paragraph (1)(b), the week in which the employee’s application for an order under that section is refused, withdrawn or otherwise terminated without the order being granted;”;

• (iii) in paragraph (c), the words “paragraph (1)(b)(ii)” to the end were “paragraph (1)(c), the week during which the child dies”; and

• (c) paragraph (3A) shall be treated as omitted.

12A

In regulation 11A (change in circumstances) of the Leave Regulations as they apply to section 54 parental order parents—

• (a) in paragraph (2), for sub-paragraphs (a), (b) and (c) substitute—

(a) the employee does not apply for an order under section 54 of the Human Fertilisation and Embryology Act 2008 within the time limit set by subsection (3) of that section, (b) the employee’s application for an order under that section for the child is refused, withdrawn or otherwise terminated without the order being granted and any time for an appeal or a new application has expired, or (c) the child dies.

• (b) in paragraph (4), for sub-paragraphs (a), (b) and (c) substitute—

(a) in a case falling within paragraph (2)(a), the week during which the time limit in section 54(3) of the Human Fertilisation and Embryology Act 2008 for an application for an order under that section for the child expires; (b) in a case falling within paragraph (2)(b), the week in which the employee’s application for an order under that section is refused, withdrawn or otherwise terminated without the order being granted; (c) in a case falling within paragraph (2)(c), the week during which the child dies.

• (c) in paragraph (6), for “10(4)(b)” substitute “10(5)(b)”.

17B

In regulation 23 (redundancy during adoption leave) of the Leave Regulations as they apply to parental order parents, paragraph (1B) shall read as if the words “is placed with the employee for adoption” were “was born”.

32A

In regulation 39 (redundancy during shared parental leave) of the SPL Regulations as they apply to parental order parents, sub-paragraph (1B)(b) shall read as if the words “placed with the employee for adoption” were “born”.