The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) (No. 2) Regulations 2007

• Citation: S.I. 2007/2286
• Sections: 4

Section 1 Citation and commencement

These Regulations may be cited as the Flexible Working (Eligibility, Complaints and Remedies) (Amendment) (No. 2) Regulations 2007 and shall come into force on 1st October 2007.

Section 2 Amendment of the Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002

The Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002 are amended as follows.

Section 3 Amendment of the Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002

In regulation 2(1) (interpretation)—

(a) for the definition of “adopter” substitute—

“adopter”, in relation to a child, means—

a person with whom an adoption agency has decided the child should be placed for adoption, or

a person who has given notice of his intention to apply for an adoption order as required by section 44 of the Adoption and Children Act 2002 or section 22 of the Adoption (Scotland) Act 1978 ;

(b) after the definition of “adopter” insert—

“adoption agency” means an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002, Article 3(3) of the Adoption (Northern Ireland) Order 1987 or section 1(4) of the Adoption (Scotland) Act 1978;

(c) after the definition of “partner” insert—

“private foster carer” means a person fostering a child privately within the meaning of section 66 of the Children Act 1989 or an individual other than a parent of the child who maintains the child as a foster child for the purposes of the Foster Children (Scotland) Act 1984 , or otherwise looks after the child in circumstances in which that Act applies by virtue of section 17 of that Act;

(d) after the definition of “relative” insert—

“residence order” means a residence order as defined by section 8(1) of the Children Act 1989 or section 11(2)(c) of the Children (Scotland) Act 1995 ;

Section 4 Amendment of the Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002

In regulation 3 (entitlement to request a contract variation to care for a child) for paragraph (1)(b) substitute—

(b) is either—

(i) the mother, father, adopter, guardian, special guardian, foster parent or private foster carer of, or a person in whose favour a residence order is in force in respect of, the child; or

(ii) married to, the civil partner of or the partner of—

(aa) the child’s mother, father, adopter, guardian, special guardian, foster parent or private foster carer, or

(bb) a person in whose favour a residence order is in force in respect of the child;