The Shared Parental Leave and Paternity and Adoption Leave (Adoptions from Overseas) Regulations 2014

• Citation: S.I. 2014/3092
• Sections: 26

Section 1 Citation and commencement

These Regulations may be cited as the Shared Parental Leave and Paternity and Adoption Leave (Adoptions from Overseas) Regulations 2014 and come into force on 5th April 2015.

Section 2 Interpretation

In these Regulations—

“the Application Regulations ” means the Employment Rights Act 1996 (Application of Sections 75G and 75H to Adoptions from Overseas) Regulations 2014 ;

“adoption from overseas” means the adoption of a child who enters Great Britain from outside the United Kingdom in connection with or for the purposes of adoption which does not involve the placement of the child for adoption under the law of any part of the United Kingdom, and references to a child adopted from overseas shall be construed accordingly;

“enter Great Britain” means enter Great Britain from outside the United Kingdom in connection with or for the purposes of adoption.

Section 3 Application of the Maternity and Adoption Leave (Curtailment) Regulations 2014 to adoptions from overseas

(1) The provisions of the Maternity and Adoption Leave (Curtailment) Regulations 2014 , insofar as they provide for the curtailment of statutory adoption leave, apply to adoptions from overseas, subject to the modifications set out in paragraph (2) and regulations 4 to 6 below.

(2) Any references in the provisions of the Maternity and Adoption Leave (Curtailment) Regulations 2014 to the provisions in Chapter 1B of Part 8 of the Employment Rights Act 1996 Act must be construed as references to the provisions of Chapter 1B as modified by the Application Regulations.

Section 4 Modifications to the Maternity and Adoption Leave (Curtailment) Regulations 2014

The Maternity and Adoption Leave (Curtailment) Regulations 2014 are modified as follows.

Section 5 Modifications to the Maternity and Adoption Leave (Curtailment) Regulations 2014

In regulation 2 (application) for paragraph (2) substitute—

(2) Part 3 of these Regulations has effect only in relation to children who enter Great Britain on or after 5th April 2015.

Section 6 Modifications to the Maternity and Adoption Leave (Curtailment) Regulations 2014

(1) Regulation 3 (interpretation) is modified as follows.

(2) In paragraph (1)—

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

“A”, in relation to C, means the person by whom C has been or is to be adopted, or, in a case where two people have adopted C jointly, whichever of them has elected to be the adopter for the purposes of the Parental and Adoption Leave Regulations 2002 ;

(b) for the definition of “AP” substitute—

“AP” means the person who at the date on which C enters Great Britain is married to, or the civil partner or the partner of, A;

(c) after the definition of “declaration of consent and entitlement”, insert—

“enter Great Britain” means enter Great Britain from outside the United Kingdom in connection with or for the purposes of adoption;

Section 7 Application of the Shared Parental Leave Regulations 2014 to adoptions from overseas

(1) The provisions of the Shared Parental Leave Regulations 2014 mentioned in paragraph (2), insofar as they apply to shared parental leave (adoption), apply to adoptions from overseas, subject to the modifications set out in paragraphs (3) and (4) and regulations 8 to 21 below.

(2) The relevant provisions are—

(a) regulation 2;

(b) regulation 3;

(c) Parts 3 to 6;

(d) Part 2 of the Schedule.

(3) Any references in the provisions of the Shared Parental Leave Regulations 2014 mentioned in paragraph (2) to the provisions in Chapter 1B of Part 8 of the Employment Rights Act 1996 Act must be construed as references to the provisions of Chapter 1B as modified by the Application Regulations.

(4) Any references in the provisions of the Shared Parental Leave Regulations 2014 mentioned in paragraph (2) to other provisions of those Regulations must be construed as references to those provisions as modified by these Regulations.

Section 8 Modifications to the Shared Parental Leave Regulations 2014 for the purposes of adoptions from overseas

The Shared Parental Leave Regulations 2014 are modified as follows.

Section 9 Modifications to the Shared Parental Leave Regulations 2014 for the purposes of adoptions from overseas

In regulation 2 (application) for paragraph (2) substitute—

(2) The provisions relating to shared parental leave in Part 3 have effect only in relation to children who enter Great Britain on or after 5th April 2015.

Section 10 Modifications to the Shared Parental Leave Regulations 2014 for the purposes of adoptions from overseas

(1) Regulation 3 (interpretation) is modified as follows.

(2) In paragraph (1)—

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

“A”, in relation to C, means the person by whom C has been or is to be adopted, or, in a case where two people have adopted C jointly, whichever of them has elected to be the adopter for the purposes of the Parental and Adoption Leave Regulations 2002;

(b) for the definition of “AP” substitute—

“AP” means the person who at the date on which C enters Great Britain is married to, or the civil partner or the partner of, A;

(c) insert the following definitions in the appropriate places alphabetically—

“enter Great Britain” means enter Great Britain from outside the United Kingdom in connection with or for the purposes of adoption;

“official notification” means written notification, issued by or on behalf of the relevant central authority, that it is prepared to issue a certificate to the overseas authority concerned with the adoption of C, or that it has issued a certificate and sent it to that authority, confirming, in either case, that A is eligible to adopt, and has been assessed and approved as being a suitable adoptive parent;

“relevant central authority” means—

where Part 3 of the Adoptions with a Foreign Element Regulations 2005 applies to A and A is habitually resident in Wales, the Welsh Ministers;

where the Adoptions with a Foreign Element (Scotland) Regulations 2009 apply to A and A is habitually resident in Scotland, the Scottish Ministers; and

in any other case, the Secretary of State.

Section 11 Modifications to the Shared Parental Leave Regulations 2014 for the purposes of adoptions from overseas

(1) Regulation 20 (adopter’s entitlement to shared parental leave) is modified as follows.

(2) In paragraphs (2)(b) and (3)(b) for “of the placement for adoption of C” substitute “on which C enters Great Britain”.

(3) In paragraph (4) for “placed for adoption through a single placement” substitute “adopted as part of the same arrangement”.

Section 12 Modifications to the Shared Parental Leave Regulations 2014 for the purposes of adoptions from overseas

(1) Regulation 21 (adopter’s partner’s entitlement to shared parental leave) is modified as follows.

(2) In paragraphs (2)(b) and (3)(b) for “of the placement for adoption of C” substitute “on which C enters Great Britain”.

(3) In paragraph (4) for “placed for adoption through a single placement” substitute “adopted as part of the same arrangement”.

Section 13 Modifications to the Shared Parental Leave Regulations 2014 for the purposes of adoptions from overseas

In regulation 23 (periods when shared parental leave may be taken), for paragraph (1) substitute—

(1) Shared parental leave may be taken at any time within the period which begins on the date on which C enters Great Britain (or where more than one child is adopted as a result of the same arrangement, the date on which the first child entered Great Britain) and ends on the day before the first anniversary of that date.

Section 14 Modifications to the Shared Parental Leave Regulations 2014 for the purposes of adoptions from overseas

(1) Regulation 24 (adopter’s notice of entitlement) is modified as follows.

(2) For sub-paragraph (c) in paragraph (2) substitute—

(c) the date that A received the official notification;

(3) For sub-paragraph (d) in paragraph (2) substitute—

(d) the date on which C is expected to enter Great Britain (except as provided for in paragraph (5));

(4) For paragraph (5) substitute—

(5) Where a notice is given under paragraph (1) before the date that C enters Great Britain and C enters Great Britain less than eight weeks before the start of the first period of shared parental leave, A must give the date of C’s entry into Great Britain to A’s employer as soon as reasonably practicable and, in any event, before the first period of shared parental leave to be taken by A.

Section 15 Modifications to the Shared Parental Leave Regulations 2014 for the purposes of adoptions from overseas

(1) Regulation 25 (adopter’s partner’s notice of entitlement) is modified as follows.

(2) For sub-paragraph (c) in paragraph (2) substitute—

(c) the date that A received the official notification;

(3) For sub-paragraph (d) in paragraph (2) substitute—

(d) the date that C is expected to enter Great Britain (except as provided for in paragraph (4));

(4) For paragraph (4) substitute—

(4) Where a notice is given under paragraph (1) before the date that C enters Great Britain, AP must give the date of C’s entry into Great Britain to AP’s employer as soon as reasonably practicable after the entry and, in any event, before the first period of shared parental leave to be taken by AP.

Section 16 Modifications to the Shared Parental Leave Regulations 2014 for the purposes of adoptions from overseas

(1) Regulation 26 (supplementary evidence) is modified as follows.

(2) For sub-paragraph (a) of paragraph (1) substitute—

(a) a copy of the official notification; and

(3) For sub-paragraph (a) of paragraph (2) substitute—

(a) a copy of the official notification; and

Section 17 Modifications to the Shared Parental Leave Regulations 2014 for the purposes of adoptions from overseas

In regulation 28 (period of leave notice), for sub-paragraph (c) of paragraph (4) substitute—

(c) if given before C enters Great Britain—

(i) contain a start for the leave which is the day on which C enters Great Britain or which is expressed as a number of days following the date of C’s entry into Great Britain;

(ii) contain an end date expressed as a number of days following the date of C’s entry into Great Britain.

Section 18 Modifications to the Shared Parental Leave Regulations 2014 for the purposes of adoptions from overseas

In regulation 34 (entitlement in the event of disrupted placement or death), for paragraph (b) substitute—

(b) regulation 28 of the Adoptions with a Foreign Element Regulations 2005 or regulation 31 of the Adoptions with a Foreign Element (Scotland) Regulations 2009 applies.

Section 19 Modifications to the Shared Parental Leave Regulations 2014 for the purposes of adoptions from overseas

In regulation 35 (continuity of employment test), in sub-paragraph (b) of paragraph (3), for “A was notified of having been matched for adoption with C” substitute “A received the official notification”.

Section 20 Modifications to the Shared Parental Leave Regulations 2014 for the purposes of adoptions from overseas

In regulation 36 (employment and earnings test), in paragraph (5), for the definition of “calculation week” substitute—

“calculation week” means the week during which C enters Great Britain;

Section 20A Modifications to the Shared Parental Leave Regulations 2014 for the purposes of adoptions from overseas

In regulation 39 (redundancy: shared parental leave), for paragraph (1B) substitute—

(1B) The relevant day referred to in paragraph (1A)(c) is the day after a period of 18 months beginning with the day on which the child enters Great Britain.

Section 21 Modifications to the Shared Parental Leave Regulations 2014 for the purposes of adoptions from overseas

(1) Paragraph 10 (entitlement in the event of disrupted placement or death) of the Schedule is modified as follows.

(2) For sub-paragraph (1) substitute—

(1) Where after a notice of entitlement has been given under regulation 24—

(a) C dies, or

(b) regulation 28 of the Adoptions with a Foreign Element Regulations 2005 or regulation 31 of the Adoptions with a Foreign Element (Scotland) Regulations 2009 applies,

the modifications set out in paragraphs (3), (5) and (6) below apply in relation to the entitlement of A to shared parental leave after C dies or either of those regulations apply.

(3) For sub-paragraph (2) substitute—

(2) Where after a notice of entitlement has been given under regulation 25—

(a) C dies, or

(b) regulation 28 of the Adoptions with a Foreign Element Regulations 2005 or regulation 31 of the Adoptions with a Foreign Element (Scotland) Regulations 2009 applies,

the modifications set out in paragraphs (4) to (6) below apply in relation to the entitlement of AP to shared parental leave after C dies or either of those regulations apply.

(4) For sub-paragraph (6) substitute—

(6) In regulation 32, for paragraph (1) substitute—

(1) After the date on which C dies or regulation 28 of the Adoptions with a Foreign Element Regulations 2005 or regulation 31 of the Adoptions with a Foreign Element (Scotland) Regulations 2009 applies, only one notice may be given under regulation 31.

(5) For sub-paragraph (7) substitute—

(7) Where more than one child is adopted as a result of the same arrangement, a reference in this paragraph to the death of C or to the application of regulation 28 of the Adoptions with a Foreign Element Regulations 2005 or regulation 31 of the Adoptions with a Foreign Element (Scotland) Regulations 2009 must be construed as a reference to the last of those children to die or to the last of those children in relation to whom those regulations applied.

Section 22

The Paternity and Adoption Leave (Adoption from Overseas) Regulations 2003 are amended as follows.

Section 23

In regulation 4 (interpretation)—

(a) after sub-paragraph (a) of paragraph (2) insert—

(ab) for the definition of “child”, substitute—

“child” means a person who enters Great Britain from outside the United Kingdom in connection with or for the purposes of adoption which does not involve the placement of the person for adoption under the law of any part of the United Kingdom and who was under the age of 18 at the time of entry into Great Britain;

(b) in sub-paragraph (b) of paragraph (2)—

(i) in the definition of “relevant domestic authority” for “Intercountry Adoption (Hague Convention) Regulations 2003” substitute “Adoptions with a Foreign Element Regulations 2005”;

(ii) after the definition of “relevant domestic authority” insert—

“shared parental leave” means leave under section 75G of the 1996 Act.

Section 24

In regulation 7 (entitlement to paternity leave: adoption from overseas)—

(a) in paragraph (1) of the substituted regulation 8, for “An” substitute “Subject to paragraph (1A), an”; and

(b) after paragraph (1) of the substituted regulation 8, insert—

(1A) An employee is not entitled to be absent from work under paragraph (1) if the employee has taken shared parental leave in respect of the child.

Section 25

In regulation 9 (entitlement to ordinary adoption leave: adoption from overseas)—

(a) in paragraph (1) of substituted regulation 15, for “An” substitute “Subject to paragraph (1A), an”;

(b) for sub-paragraph (a) in paragraph (1) of substituted regulation 15, substitute—

(a) is the child’s adopter; and

(c) after paragraph (1) of substituted regulation 15, insert—

(1A) An employee is not entitled to be absent from work under paragraph (1) if the employee has taken shared parental leave in respect of the child.

(d) omit paragraphs (2) and (3) of the substituted regulation 15.