The Paternity and Adoption Leave (Amendment) (No. 2) Regulations 2014

• Citation: S.I. 2014/3206
• Sections: 7

Section 1 Citation and commencement

These Regulations may be cited as the Paternity and Adoption Leave (Amendment) (No. 2) Regulations 2014 and come into force on 5th April 2015.

Section 2 Application

(1) The amendments made by these Regulations have effect only in relation to children matched with a person who is notified of having been matched on or after 5th April 2015.

(2) For the purposes of paragraph (1), “matched” has the meaning given in regulation 2 of the Paternity and Adoption Leave Regulations 2002 (as amended by regulation 4 of these Regulations).

Section 3 Amendments to the Paternity and Adoption Leave Regulations 2002

The Paternity and Adoption Leave Regulations 2002 are amended as follows.

Section 4 Amendments to the Paternity and Adoption Leave Regulations 2002

(1) Regulation 2 (interpretation) is amended as follows.

(2) In paragraph (1) after the definition of “paternity leave” insert—

“placed for adoption” means—

placed for adoption under the Adoption and Children Act 2002 or the Adoption and Children (Scotland) Act 2007 ; or

placed in accordance with section 22C of the Children Act 1989 with a local authority foster parent who is also a prospective adopter;

“prospective adopter” means a person who has been approved as suitable to adopt a child and has been notified of that decision in accordance with regulation 30B(4) of the Adoption Agencies Regulations 2005 ;

(3) For paragraph (4) substitute—

(4) For the purposes of these Regulations—

(a) a person is matched with a child for adoption when an adoption agency decides that that person would be a suitable adoptive parent for the child either individually or jointly with another person;

(b) in a case where sub-paragraph (a) applies, a person is notified of having been matched with a child on the date on which the person receives notification of the agency’s decision, under regulation 33(3)(a) of the Adoption Agencies Regulations 2005, regulation 28(3) of the Adoption Agencies (Wales) Regulations 2005 , or regulation 8(5) of the Adoption Agencies (Scotland) Regulations 2009 ;

(c) a person is also matched with a child for adoption when a decision has been made in accordance with regulation 22A of the Care Planning, Placement and Case Review (England) Regulations 2010 and an adoption agency has identified that person with whom the child is to be placed in accordance with regulation 12B of the Adoption Agencies Regulations 2005 ;

(d) in a case where paragraph (c) applies, a person is notified of having been matched with a child on the date on which that person receives notification in accordance with regulation 12B(2)(a) of the Adoption Agencies Regulations 2005 of the decision to place for adoption the child with that person.

(4A) For the purposes of these Regulations, a person elects to be a child’s adopter, in a case where the child is matched with him and another person jointly, if he and that person agree, at the time at which they are matched that he and not the other person will be the adopter.

Section 5 Amendments to the Paternity and Adoption Leave Regulations 2002

(1) Regulation 8 (entitlement to paternity leave: adoption) is amended as follows.

(2) In paragraph (1A) —

(a) omit “or” at the end of sub-paragraph (a);

(b) after sub-paragraph (b), insert—

; or

(c) has already taken paternity leave in relation to the child as a result of the child being placed with a prospective adopter who is at the time of the placement the employee’s spouse, civil partner or partner.

Section 6 Amendments to the Paternity and Adoption Leave Regulations 2002

(1) Regulation 15 (entitlement to ordinary adoption leave) is amended as follows.

(2) In paragraph (1), for “An” substitute “Subject to paragraph (1A), an”.

(3) After paragraph (1) insert—

(1A) An employee is not entitled to be absent from work under paragraph (1) in relation to a child if the employee has already taken ordinary adoption leave as a result of that child being placed, or expected to be placed, with the employee under section 22C of the Children Act 1989.

Section 7 Amendments to the Paternity and Adoption Leave Regulations 2002

(1) Regulation 22 (disrupted placement in the course of adoption leave) is amended as follows.

(2) For paragraph (1)(b)(ii) substitute—

(ii) the child is returned after being placed for adoption

(3) After paragraph (3) insert—

(3A) In paragraph (1) “returned after being placed for adoption” means—

(a) returned under sections 31 to 35 of the Adoption and Children Act 2002;

(b) in Scotland, returned to the adoption agency, adoption society or nominated person in accordance with section 25(6) of the Adoption and Children (Scotland) Act 2007; or

(c) where the child is placed in accordance with section 22C of the Children Act 1989, returned to the adoption agency following a termination of the placement.