Statutory Instruments
2014 No. 3095
Terms And Conditions Of Employment
The Employment Rights Act 1996 (Application of Sections 75A, 75B, 75G, 75H, 80A and 80B to Parental Order Cases) Regulations 2014
Made
24th November 2014
Coming into force
25th November 2014
A draft of these Regulations was laid before Parliament in accordance with section 236(3) of the Employment Rights Act 1996(1) and approved by resolution of each House of Parliament.
The Secretary of State, in exercise of the powers conferred by sections 75A(8), 75B(9), 75H(18), 80B(9) and 236(5) of the Employment Rights Act 1996(2), makes the following Regulations.
Citation, commencement and interpretationI1
1.—(1) These Regulations may be cited as the Employment Rights Act 1996 (Application of Sections 75A, 75B, 75G, 75H, 80A and 80B to Parental Order Cases) Regulations 2014 and come into force on 25th November 2014.
(2) In these Regulations—
“the Act” means the Employment Rights Act 1996 ;
[F1 “intended parent”, in relation to a child, means a person who, on the day of the child’s birth—
applies, or intends to apply during the period of 6 months beginning with that day—
with another person for an order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of the child; or
as the sole applicant for an order under section 54A of that Act in respect of the child; and
expects the court to make such an order in respect of the child;F1]
F2...
F3...
[F4 “section 54 parental order parent” means a person—
on whose application the court has made an order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of a child; or
who is an intended parent of a child by reference to an application or intended application for such an order;F4]
[F4 “section 54A parental order parent” means a person—
on whose application the court has made an order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of a child; or
who is an intended parent of a child by reference to an application or intended application for such an order.F4]
Application of sections 75A and 75B of the Act to parental order parentsI2
2. Sections 75A and 75B of the Act have effect in relation to [F5section 54 parental order parents and section 54A parental order parentsF5] .
Application of sections 75G and 75H of the Act to parental order parentsI3
3. Sections 75G and 75H of the Act(3) have effect in relation to [F6section 54 parental order parentsF6] with the modifications specified in the second column of Schedule 1 to these Regulations.
Application of sections 80A and 80B of the Act to parental order parentsI4
4. Sections 80A(4) and 80B of the Act have effect in relation to [F7section 54 parental order parentsF7] with the modifications specified in the second column of Schedule 2 to these Regulations.
Jo Swinson
Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs
Department for Business, Innovation and Skills
24th November 2014
Regulation 3
SCHEDULE 1 I5
| Provision | Modification |
|---|---|
Section 75G | For paragraph (b) of subsection (1) substitute— “(b)as to being a person— (i)on whose application the court has made a parental order in respect of a child, or (ii)who is an intended parent of a child,”. |
For paragraph (b) of subsection (4) substitute— “(b)as to being a person— (i)on whose application the court has made a parental order in respect of a child, or (ii)who is an intended parent of a child, (ba)as to relationship with the other person (“A”) on whose application the parental order was made or who is an intended parent of the child,”. |
|
After subsection (6) insert— “(6A) In this section and section 75H— [F8 “intended parent”, in relation to a child, means a person who, on the day of the child’s birth— (a) applies, or intends to apply during the period of 6 months beginning with that day— (i) with another person for an order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of the child; or (ii) as the sole applicant for an order under section 54A of that Act in respect of the child; and (b) expects the court to make such an order in respect of the child; and “parental order” means an order under section 54 or 54A of the Human Fertilisation and Embryology Act 2008.”F8] . |
|
| Omit subsection (7). | |
| Omit subsection (8). | |
| Section 75H | In paragraph (a) of subsection (2), for “with whom the child is, or is expected to be placed for adoption” substitute “on whose application the court has made a parental order in respect of the child or who is an intended parent of the child”. |
| In paragraph (b) of subsection (2), for “with whom the child is, or is expected to be placed for adoption” substitute “on whose application the court has made a parental order in respect of the child or who is an intended parent of the child”. | |
| In paragraph (b) of subsection (14), for “placed for adoption as part of the same arrangement” substitute “born as a result of the same pregnancy”. |
Regulation 4
SCHEDULE 2 I6
| Provision | Modification |
|---|---|
| Section 80A | After paragraph (a) in subsection (5) insert— “(aa)make provision excluding the right to be absent on leave under this section in the case of an employee who satisfies— (i)the conditions specified in regulations under section 75A(1) or 80B(1), or (ii)such of those conditions as are specified in regulations under subsection (1);”. |
| Section 80B | For paragraph (b) of subsection (1) (and the following “and”) substitute— “(b)as to being a person— (i)on whose application the court has made a parental order in respect of a child, or (ii)who is an intended parent of a child, and”. |
For paragraph (c) of subsection (1) substitute— “(c)as to relationship with the other person on whose application the parental order was made or who is an intended parent of the child,”. |
|
| In subsection (4), for “placement for adoption” substitute “birth”. | |
| In paragraph (a) of subsection (5), for “a person with whom a child is placed for adoption” substitute “the other person on whose application the court has made a parental order in respect of a child or who is an intended parent of a child”. | |
| Omit paragraph (aa) of subsection (5)(5). | |
| In paragraph (c) of subsection (5), for “placed for adoption as part of the same arrangement” substitute “born as a result of the same pregnancy”. | |
For subsection (6) substitute— “(6) Where more than one child is born as a result of the same pregnancy, the reference in subsection (4) to the date of the child’s birth shall be read as a reference to the date of birth of the first child born as a result of the pregnancy.”. |
|
| Omit subsection (6A)(6). | |
| Omit subsection (6B)(7). | |
After subsection (7) insert— “(7A) In this section— [F9 “intended parent” in relation to a child, means a person who, on the day of the child’s birth— (a) applies, or intends to apply during the period of 6 months beginning with that day— (i) with another person for an order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of the child; or (ii) as the sole applicant for an order under section 54A of that Act in respect of the child; and (b) expects the court to make such an order in respect of the child; and “parental order” means an order under section 54 or 54A of the Human Fertilisation and Embryology Act 2008.”F9] . |
1996 c. 18. Section 236(3) was amended by the Children and Families Act 2014 (c. 6), section 117(2); there are other amending instruments but none is relevant.
Section 75A was inserted by the Employment Act 2002 (c. 22), section 3, and amended by the Work and Families Act 2006 (c. 18), Schedule 1, paragraph 33, and the Children and Families Act 2014, sections 118(4), 121(1), and 122(1). Section 75B was inserted by the Employment Act 2002, section 3, and amended by the Work and Families Act 2006, Schedule 1, paragraph 34, and the Children and Families Act 2014, sections 118(5), 121(2), and 122(2). Section 75H was inserted by the Children and Families Act 2014, section 117. Section 80B was inserted by the Employment Act 2002, section 1, and amended by the Children and Families Act 2014, sections 118(7) and 122(4).
Section 75G was inserted by the Children and Families Act 2014, section 117.
Section 80A was inserted by the Employment Act 2002, section 1.
Section 80B(5)(aa) was inserted by the Children and Families Act 2014, section 121(2)(a).
Section 80B(6A) was inserted by the Children and Families Act 2014, section 121(2)(b).
Section 80B(6B) was inserted by the Children and Families Act 2014, section 121(2)(b).