Statutory Instruments

2003 No. 499

TERMS AND CONDITIONS OF EMPLOYMENT

The Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA [^F1 , 12ZB and 12ZC ^F1] to Adoptions from Overseas) Regulations 2003

Made

5th March 2003

Laid before Parliament

6th March 2003

Coming into force

So far as applying enabling powers

10th March 2003

For all other purposes

6th April 2003

^M1^,^M2^,^M3 The Secretary of State, in exercise of the powers conferred on her by sections 171ZK and 171ZT of the Social Security Contributions and Benefits Act 1992 by this instrument, which contains only provision made by virtue of sections 2 and 4 of the Employment Act 2002 and is made before the end of the period of 6 months from the coming into force of those enactments , hereby makes the following Regulations—

Citation, commencement and interpretation

(2) In these Regulations—

“ 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;

“ the Act ” means the Social Security Contributions and Benefits Act 1992.

Application of Part 12ZA of the Act to adoptions from overseas

^F32. Part 12ZA of the Act ... shall apply in relation to adoptions from overseas, with the modifications of sections 171ZB, 171ZE [^F4 , 171ZEB, 171ZEE ^F4] and 171ZJ of the Act specified in the second column of Schedule 1.

Application of Part 12ZB of the Act to adoptions from overseas

3. Part 12ZB of the Act shall apply in relation to adoptions from overseas, with the modifications of sections 171ZL and 171ZS of the Act specified in the second column of Schedule 2.

[^F5 Application of Part 12ZC of the Act to adoptions from overseas

4. Part 12ZC of the Act shall apply in relation to adoptions from overseas, with the modifications of section 171ZV of the Act specified in the second column of Schedule 3. ^F5]

Signed by authority of the Secretary of State for Trade and Industry

Alan Johnson,

Minister of State for Employment Relations, Industry and the Regions,

Department of Trade and Industry

Regulation 2

SCHEDULE 1 Application of Part 12ZA of the Act to adoptions from overseas

Provision	Modification
Section 171ZB(2)	^F6 ... In paragraph (a)(i), for “who is placed for adoption under the law of any part of the United Kingdom” substitute “ who is adopted from overseas ” . In paragraph (a)(ii), for “a person with whom the child is so placed for adoption” substitute . [^F7 In paragraph (b), omit “ending with the relevant week” ^F7] . In paragraph (d), for “the day on which the child is placed for adoption” substitute “ the day on which the child enters Great Britain ” . In paragraph (e), for “a person with whom the child is placed for adoption” substitute “ an adopter of the child ” .
Section 171ZB(3)	[^F8 For subsection (3) substitute— (3) The references in subsection (2)(c) and (d) to the relevant week are to— (a) the week in which official notification is sent to the adopter, or (b) the week at the end of which the person satisfies the condition in subsection (2)(b), whichever is the later. ^F8] ^F9 ... ^F9 “ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ”
Section 171ZB(6)	For “the placement for adoption of more than one child as part of the same arrangement” substitute “ the adoption from overseas of more than one child as part of the same arrangement ” .
Section 171ZB(7)	Omit subsection (7).
Section 171ZE(3)	In paragraph (b), for “with the date of the child’s placement for adoption” substitute “ with the date of the child’s entry into Great Britain ” .
Section 171ZE(10)	For subsection (10) substitute— “ (10) Where more than one child is the subject of adoption from overseas as part of the same arrangement, and the date of entry of each child is different, the reference in subsection (3)(b) to the date of the child’s entry into Great Britain shall be interpreted as a reference to the date of the entry of the first child to enter Great Britain. ” .
^F10 . . .	^F11 . . .
^F12 . . .	^F11 . . .
^F13 . . .	^F11 . . .
^F14 . . .	^F11 . . .
^F15 . . .	^F11 . . .
Section 171ZJ(1)	In the appropriate places in the alphabetical order, insert— “ “ adopter ”, in relation to a child, means a person by whom the child has been or is to be adopted; ” “ “ 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 the references to a child adopted from overseas shall be construed accordingly; ” “ “ official notification ” means written notification, issued by or on behalf of the relevant domestic authority, that it is prepared to issue a certificate to the overseas authority concerned with the adoption of the child, or has issued a certificate and sent it to that authority, confirming, in either case, that the adopter is eligible to adopt and has been assessed and approved as being a suitable adoptive parent; ” “ “ relevant domestic authority ” means— (a) in the case of an adopter to whom the Intercountry Adoption (Hague Convention) Regulations 2003 apply and who is habitually resident in Wales, the National Assembly of Wales; (b) in the case of an adopter to whom the [^F16 Adoptions with a Foreign Element (Scotland) Regulations 2009 ^F16] apply and who is habitually resident in Scotland, the Scottish Ministers; (c) in any other case, the Secretary of State. ” .

Regulation 3

SCHEDULE 2 Application of Part 12ZB of the Act to adoptions from overseas

Provision	Modification
Section 171ZL(2)	^F17 ... In paragraph (a), for “with whom a child is, or is expected to be, placed for adoption under the law of any part of the United Kingdom” substitute “ who is, or is expected to be, an adopter of a child from overseas ” . [^F18 In paragraph (b), omit “ending with the relevant week” ^F18] .
Section 171ZL(3)	For “is notified that he has been matched with the child for the purposes of adoption” substitute “ is sent official notification ” .
	[^F19 For subsection (3) substitute— (3) The reference in subsection (2)(d) to the relevant week is to— (a) the week in which official notification is sent to the adopter, or (b) the week at the end of which the person satisfies the condition in subsection (2)(b), whichever is the later. ^F19] ^F20 “ (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ”
Section 171ZL(4)	In paragraph (b), for “placed for adoption with him” substitute “ adopted by him ” .
Section 171ZL(5)	For “the placement, or expected placement, for adoption of more than one child” substitute “ the adoption, or expected adoption, from overseas of more than one child ” .
Section 171ZS(1)	In the appropriate places in the alphabetical order, insert— “ “ adopter ”, in relation to a child, means a person by whom a child has been or is to be adopted; ” “ “ 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 the reference to an adopter from overseas shall be construed accordingly; ” “ “ official notification ” means written notification, issued by or on behalf of the relevant domestic authority, that it is prepared to issue a certificate to the overseas authority concerned with the adoption of the child, or has issued a certificate and sent it to that authority, confirming, in either case, that the adopter is eligible to adopt and has been assessed and approved as being a suitable adoptive parent; ” “ “ relevant domestic authority ” means— (a) in the case of an adopter to whom the Intercountry Adoption (Hague Convention) Regulations 2003 apply and who is habitually resident in Wales, the National Assembly of Wales; (b) in the case of an adopter to whom the [^F21 Adoptions with a Foreign Element (Scotland) Regulations 2009 ^F21] apply and who is habitually resident in Scotland, the Scottish Ministers; (c) in any other case, the Secretary of State. ” .

[^F22 SCHEDULE 3

Regulation 4

“ SCHEDULE 3 Application of Part 12ZC of the Act to adoptions from overseas

Provision	Modification
Section 171ZV	In subsection (1), for “with whom a child is, or is expected to be, placed for adoption under the law of any part of the United Kingdom” substitute “by whom a child is, or is expected to be, adopted from overseas”.
	In paragraph (g) of subsection (2), for “placement for adoption of the child” substitute “adoption of the child from overseas”.
	In paragraph (a) of subsection (4), for “with whom a child is, or is expected to be, placed for adoption under the law of any part of the United Kingdom” substitute “by whom a child is, or is expected to be, adopted from overseas”.
	In paragraph (h) of subsection (4), for “placement for adoption of the child” substitute “adoption of the child from overseas”.
	In subsection (16), for “placement for adoption” substitute “adoption from overseas”.
	After subsection (16) insert— “ (16A) For the purposes of this section, a person adopts a child from overseas if the person adopts 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. ” .
	Omit subsection (17).
	Omit subsection (18). ” ^F22]

footnote	commentary	related provisions	geo extent	insert/omit
F1	Words in title substituted (19.11.2014) by The Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) (Amendment) Regulations 2014 (S.I. 2014/2857) , reg. 3			substituted
F2	Words in reg. 1(1) substituted (19.11.2014) by The Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) (Amendment) Regulations 2014 (S.I. 2014/2857) , regs. 1 , 4			substituted
F3	Words in reg. 2 omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255) , arts. 1(3) , 14(2) (with art. 35(1) )	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.		omitted
F4	Words in reg. 2 inserted (6.4.2010) by The Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) Regulations 2003 (Amendment) Regulations 2010 (S.I. 2010/153) , regs. 1(1) , 2(2)(b)			inserted
F5	Reg. 4 inserted (19.11.2014) by The Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) (Amendment) Regulations 2014 (S.I. 2014/2857) , regs. 1 , 5			inserted
F6	Words in Sch. 1 omitted (6.4.2004) by virtue of Statutory Paternity Pay and Statutory Adoption Pay (Amendment) Regulations 2004 (S.I. 2004/488) , regs. 1(1) , 3(2)(a)			omitted
F7	Words in Sch. 1 inserted (6.4.2004) by Statutory Paternity Pay and Statutory Adoption Pay (Amendment) Regulations 2004 (S.I. 2004/488) , regs. 1(1) , 3(2)(b)			inserted
F8	Words in Sch. 1 substituted (6.4.2004) by Statutory Paternity Pay and Statutory Adoption Pay (Amendment) Regulations 2004 (S.I. 2004/488) , regs. 1(1) , 3(2)(c)			substituted
F9	Words in Sch. 1 omitted (6.4.2004) by virtue of Statutory Paternity Pay and Statutory Adoption Pay (Amendment) Regulations 2004 (S.I. 2004/488) , regs. 1(1) , 3(2)(d)			omitted
F10	Words in Sch. 1 omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255) , arts. 1(3) , 14(3)(a)(i) (with art. 35(1) )	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.		omitted
F11	Words in Sch. 1 omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255) , arts. 1(3) , 14(3)(b) (with art. 35(1) )	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.		omitted
F12	Words in Sch. 1 omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255) , arts. 1(3) , 14(3)(a)(ii) (with art. 35(1) )	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.		omitted
F13	Words in Sch. 1 omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255) , arts. 1(3) , 14(3)(a)(iii) (with art. 35(1) )	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.		omitted
F14	Words in Sch. 1 omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255) , arts. 1(3) , 14(3)(a)(iv) (with art. 35(1) )	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.		omitted
F15	Words in Sch. 1 omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255) , arts. 1(3) , 14(3)(a)(v) (with art. 35(1) )	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.		omitted
F16	Words in Sch. 1 substituted (E.W.NI.) (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740) , art. 1(2) , Sch. 2 para. 7(2) ; (S) (21.3.2011) by The Adoptions with a Foreign Element (Scotland) Amendment Regulations 2011 (S.S.I. 2011/159) , regs. 1, 9(2)			substituted
F17	Words in Sch. 2 omitted (6.4.2004) by virtue of Statutory Paternity Pay and Statutory Adoption Pay (Amendment) Regulations 2004 (S.I. 2004/488) , regs. 1(1) , 3(3)(a)			omitted
F18	Words in Sch. 2 inserted (6.4.2004) by Statutory Paternity Pay and Statutory Adoption Pay (Amendment) Regulations 2004 (S.I. 2004/488) , regs. 1(1) , 3(3)(b)			inserted
F19	Words in Sch. 2 substituted (6.4.2004) by Statutory Paternity Pay and Statutory Adoption Pay (Amendment) Regulations 2004 (S.I. 2004/488) , regs. 1(1) , 3(3)(c)			substituted
F20	Words in Sch. 2 omitted (6.4.2004) by virtue of Statutory Paternity Pay and Statutory Adoption Pay (Amendment) Regulations 2004 (S.I. 2004/488) , regs. 1(1) , 3(3)(d)			omitted
F21	Words in Sch. 2 substituted (E.W.NI.) (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740) , art. 1(2) , Sch. 2 para. 7(3) ; (S.) (21.3.2011) by The Adoptions with a Foreign Element (Scotland) Amendment Regulations 2011 (S.S.I. 2011/159) , regs. 1 , 9(3)		substituted: Scotland	substituted
F22	Sch. 3 inserted (19.11.2014) by The Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) (Amendment) Regulations 2014 (S.I. 2014/2857) , regs. 1 , 6 , Sch.			inserted
M1	Sections 171ZA to 171ZK of the Social Security and Contributions and Benefits Act 1992 (c. 4) (Part 12ZA) were inserted by section 2 of the Employment Act 2002 and sections 171ZL to 171ZT (Part 12ZB) by section 4 of that Act.
M2	2002 c. 22 .
M3	See section 173(5)(b) of the Social Security Administration Act 1992 (c. 5) .

Defined Term	Section/Article	ID	Scope of Application
adoption from overseas	reg. 1.	legTerm4gzJ6ilb
the Act	reg. 1.	legTerm1xJz7Gzn