PART 1 GENERAL

Citation and commencement_I1

1. These Regulations may be cited as the Paternity, Adoption and Shared Parental Leave (Parental Order Cases) Regulations 2014 and come into force on 1st December 2014.

Interpretation_I2

2. In these Regulations—

“Curtailment Regulations” means the Maternity and Adoption Leave (Curtailment of Statutory Rights to Leave) Regulations 2014 ( 3 );

[^F1 “intended parent”, in relation to a child, means a person who, on the day of the child’s birth—

“Leave Regulations” means the Paternity and Adoption Leave Regulations 2002 ( 4 );

^F2...

^F3...

“paternity leave (adoption)” means paternity leave under regulation 8 of the Leave Regulations;

[^F4 “section 54 parental order parent” means a person—

“section 54A parental order parent” means a person—

“statutory adoption leave” means ordinary adoption leave under section 75A of the Employment Rights Act 1996 or additional adoption leave under section 75B of that Act ;

“SPL Regulations” means the Shared Parental Leave Regulations 2014 ( 5 ).

Application of the Leave Regulations to Parental Order Parents

[^F5 3.—(1) The provisions of the Leave Regulations, in so far as they apply to paternity leave (adoption) apply to section 54 parental order parents with the modifications set out in Part 2 of these Regulations.

(2) The provisions of the Leave Regulations, in so far as they apply to statutory adoption leave, apply to—

(a)section 54 parental order parents; and

(b)section 54A parental order parents,

with the modifications set out in Part 2 of these Regulations.^F5]

Application of the Curtailment Regulations to Parental Order Parents_I3

4. The provisions of the Curtailment Regulations in so far as they apply to the curtailment of statutory adoption leave, apply to [^F6section 54^F6] parental order parents with the modifications set out in Part 3 of these Regulations.

Application of the SPL Regulations to Parental Order Parents_I4

5. The provisions of the SPL Regulations in so far as they apply to shared parental leave (adoption), apply to [^F7section 54^F7] parental order parents with the modifications set out in Part 4 of these Regulations.

PART 2 PARENTAL ORDER PARENTS: PATERNITY AND ADOPTION LEAVE _{I5,I6,I7,I8,I9,I10,I11,I12,I13,I14,I15}

6. Regulation 2 (interpretation) of the Leave Regulations as they apply to [^F8section 54 parental order parents and section 54A parental order parents^F8] shall read as if—

(a) in paragraph (1)—

(i) the definitions of “adopter” and “child” were omitted;

(ii) in the definition of “partner”, the words “a child’s mother or adopter” were “Parent A” and the words “mother or adopter”, in both places, were “Parent A”;

(iii) there were, in the appropriate places alphabetically, the following definitions—

[^F9““intended parent”, in relation to a child, means a person who, on the day of the child’s birth—

“Parent A” in relation to a child, means the [^F10 section 54^F10] parental order parent who has elected to be Parent A;

^F11...

^F11...

[^F12 “parental statutory declaration” means a statutory declaration stating that the person making the declaration—

[^F13 “section 54 parental order parent” means a person—

“section 54A parental order parent” means a person—

“shared parental leave” means leave under section 75E or 75G of the Employment Rights Act 1996;”

(b) in paragraph (2)—

(i) the words “a child’s mother or adopter” were “Parent A”;

(ii) the words “the mother’s or adopter’s” were “Parent A’s”;

(c) the words of paragraph (4) were—

“a [^F14 section 54^F14] parental order parent elects to be Parent A in relation to a child if he agrees with the other [^F14 section 54^F14] parental order parent of the child that he, and not the other [^F14 section 54^F14] parental order parent, will be Parent A”.

7. Regulation 3 (application) of the Leave Regulations as they apply to [^F15section 54^F15] parental order parents shall read as if—

(a) paragraph (1) were omitted;

(b) the words of paragraph (2) were—

“The provisions in relation to paternity leave under regulation 8 and in relation to adoption leave under regulation 15 have effect in relation to children whose expected week of birth begins on or after 5th April 2015.”

(c) in paragraphs (3) and (6), the words “8th December 2002” were “1st December 2014”.

[^F16 7A. Regulation 3 (application) of the Leave Regulations as they apply to section 54A parental order parents shall read as if—

(a) paragraph (1) were omitted;

(b) the words of paragraph (2) were—

“The provisions in relation to adoption leave under regulation 15 have effect in relation to children whose expected week of birth begins on or after the last day of the period of 120 days beginning with the day on which the Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 comes into force.”; and

(c) in paragraphs (3) and (6), the words “8th December 2002” were “on or after the day on which the Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 comes into force”. ^F16]

8. In regulation 4 (entitlement to paternity leave: birth), paragraph (1A)(6) of the Leave Regulations, as they apply to [^F17section 54^F17] parental order parents, shall read as if the words of that paragraph were—

“An employee is not entitled to be absent from work under paragraph (1) if the employee—

(a)has taken any shared parental leave in respect of the child;

(b)meets the criteria for entitlement to paternity leave under regulation 8; or

(c)meets the criteria for entitlement to adoption leave under regulation 15.”

9. In regulation 8 (entitlement to paternity leave: adoption) of the Leave Regulations as they apply to [^F18section 54^F18] parental order parents—

(a) paragraph (1) shall read as if the words “the child’s adopter” were “Parent A”;

(b) paragraph (2)(a) shall read as if the words after “the week” to the end were “immediately preceding the 14th week before the expected week of the child’s birth”;

(c) paragraph (2)(b) shall read as if—

(i) the words “the child’s adopter” were “Parent A”;

(ii) the word “and” were omitted;

(d) paragraph (2)(c) shall read as if—

(i) the words “the adopter” were “Parent A”;

(ii) the full stop were omitted;

(iii) there were inserted after that paragraph—

“and

(d) [^F19is a section 54 parental order parent^F19] of the child.”;

(e) paragraph (4) shall read as if the words of that paragraph were—

“An employee shall be treated as having satisfied the condition in paragraph (2)(b) if he would have satisfied it but for the fact that Parent A has died.”;

(f) paragraph (5) shall read as if the words of that paragraph were—

“An employee shall be treated as having satisfied the condition in paragraph (2)(c) if he would have satisfied it but for the fact that the child was stillborn after 24 weeks of pregnancy or has died.”

(g) paragraph (6) shall read as if the words of that paragraph were—

“An employee’s entitlement to leave under this regulation shall not be affected by the birth or expected birth of more than one child as a result of the same pregnancy.”;

(h) it shall read as if the following paragraph were inserted after paragraph (6)—

“(7) An employee shall be treated as having satisfied the condition in paragraph (2)(a) on the date of the child’s birth notwithstanding the fact that he has not then been continuously employed for a period of not less than 26 weeks, where—

(a)the date on which the child is born is earlier than the 14th week before the week in which its birth is expected, and

(b)the employee would have been continuously employed for such a period if his employment had continued until that 14th week.”.

10. In regulation 9 (options in respect of leave under regulation 8) of the Leave Regulations as they apply to [^F20section 54^F20] parental order parents—

[^F21 (a) paragraph (2) shall read as if the words of that paragraph were—

“The leave may only be taken during the period which begins on the date on which the child was born and ends—

(a)except in the case referred to in sub-paragraph (b), 52 weeks after that date;

(b)in a case where the child is born before the first day of the expected week of its birth, 52 weeks after that day.”;^F21]

(b) paragraph (3) shall read as if the words of that paragraph were—

“Subject to paragraph (2), an employee may choose to begin a period of leave under regulation 8 on—

(a)the date on which the child is born;

(b)the date falling such number of days after the date on which the child is born as the employee may specify in a notice under regulation 10; or

(c)a predetermined date, specified in a notice under that regulation, which is later than the first day of the expect week of the child’s birth.”.

[^F22 11. Regulation 10 (notice and evidential requirements for leave under regulation 8) of the Leave Regulations as they apply to section 54 parental order parents shall read as if the words of that regulation were—

“10.—(1) An employee must give their employer—

(a)notice of their entitlement to take leave in respect of a child under regulation 8 which specifies the expected week of the child’s birth, and

(b)a declaration in writing that—

(i)the employee satisfies the conditions in regulation 8(2)(b) and(c), and

(ii)the employee and Parent A are section 54 parental order parents of the child.

(2) The employee must also give their employer, on each occasion that a period of leave is chosen in accordance with regulation 9—

(a)a notice that specifies the start day and date of the period of leave and its duration, and

(b)a declaration in writing that the purpose of that period of leave will be that specified in regulation 8(1).

(3) The notice and declaration in paragraph (1) must be given in or before the 15th week before the expected week of the child’s birth or, if it is not reasonably practicable to do so, as soon as is reasonably practicable.

(4) The notice and declaration in paragraph (2) must be given at least 28 days before—

(a)the first day of the expected week of the child’s birth, where the option in regulation 9(3)(a) is chosen;

(b)the date falling the specified number of days after the first day of the expected week of the child’s birth, where the option in regulation 9(3)(b) is chosen;

(c)the predetermined date, where the option in regulation 9(3)(b) is chosen;

or, if it is not reasonably practicable to do so, as soon as is reasonably practicable.

(5) An employee who has previously given notice under paragraph (2)(a) or (8) or this paragraph may—

(a)vary the day or date chosen as the day or date on which a period of leave will begin or end, or

(b)cancel the period of leave chosen,

provided that notice of the variation or cancellation is given to the employer in accordance with paragraph (6).

(6) A notice under paragraph (5) must be given by whichever is the earlier of at least 28 days before—

(a)the original day or date referred to in paragraph (7)(a), or

(b)the new day or date referred to in paragraph (7)(b),

or, if it is not reasonably practicable to do so, as soon as is reasonably practicable.

(7) For the purposes of—

(a)paragraph (6)(a), where a notice has previously been given under either paragraph (2)(a), (5) or (8), the original day or date is—

(i)the first day of the expected week of the child’s birth, where the option in regulation 9(3)(a) was chosen in that notice;

(ii)the date falling the specified number of days after the first day of the expected week of the child’s birth, where the option in regulation 9(3)(b) was chosen in that notice;

(iii)the predetermined date specified in that notice, where the option in regulation 9(3)(c) was chosen;

(b)paragraph (6)(b), the new day or date is—

(i)the first day of the expected week of the child’s birth, where the option in regulation 9(3)(a) is chosen in the notice of variation;

(ii)the date falling the specified number of days after the first day of the expected week of the child’s birth, where the option in regulation 9(3)(c) is chosen in the notice of variation;

(iii)the predetermined date specified in the notice of variation, where the option in regulation 9(3)(c) is chosen.

(8) In a case where—

(a)the employee has chosen to begin a period of leave on a particular predetermined date, and

(b)the child is not born on or before that date,

the employee must vary the choice of date by substituting a later predetermined date or exercising an alternative option under regulation 9(3) and must give the employer notice of the variation as soon as is reasonably practicable.

(9) Where a notice is given under paragraph (5) or (8) which varies the days or dates of a period of leave, a declaration under paragraph (2)(b) in relation to that period must be given at the same time as that notice.

(10) An employee must give their employer a further notice, as soon as reasonably practicable after the child’s birth, of the date on which the child was born.

(11) Any notice under paragraph (1)(a), (2)(a), (5), (8) or (10) must be given in writing, if the employer so requests.”^F22]

12. In regulation 11 (commencement of leave under regulation 8) of the Leave Regulations, as they apply to [^F23section 54^F23] parental order parents—

(a) paragraph (1) shall read as if the words “ [^F24 10(5) or (8) ^F24] ” were “10(4) or (5)”;

(b) paragraph (2)(a) shall read as if the words “the child is placed with the adopter” were “the child is born”.

[^F25 12A. In regulation 11A (change in circumstances) of the Leave Regulations as they apply to section 54 parental order parents—

(a) in paragraph (2), for sub-paragraphs (a), (b) and (c) substitute—

“(a)the employee does not apply for an order under section 54 of the Human Fertilisation and Embryology Act 2008 within the time limit set by subsection (3) of that section,

(b)the employee’s application for an order under that section for the child is refused, withdrawn or otherwise terminated without the order being granted and any time for an appeal or a new application has expired, or

(c)the child dies.”;

(b) in paragraph (4), for sub-paragraphs (a), (b) and (c) substitute—

“(a)in a case falling within paragraph (2)(a), the week during which the time limit in section 54(3) of the Human Fertilisation and Embryology Act 2008 for an application for an order under that section for the child expires;

(b)in a case falling within paragraph (2)(b), the week in which the employee’s application for an order under that section is refused, withdrawn or otherwise terminated without the order being granted;

(c)in a case falling within paragraph (2)(c), the week during which the child dies.”;

(c) in paragraph (6), for “10(4)(b)” substitute “10(5)(b)” . ^F25]

13. In regulation 15 (entitlement to ordinary adoption leave) of the Leave Regulations, as they apply to [^F26section 54^F26] parental order parents—

(a) paragraph (2) shall read as if the words of that paragraph were—

“The conditions referred to in paragraph (1) are that the employee—

(a)is one of the child’s [^F27section 54^F27] parental order parents; and

(b)has elected to be Parent A.”

(b) paragraph (4) shall read as if the words of that paragraph were—

“An employee’s entitlement to leave under this regulation shall not be affected by the birth or expected birth of more than one child as a result of the same pregnancy.”.

[^F28 13A. In regulation 15 (entitlement to ordinary adoption leave) of the Leave Regulations, as they apply to section 54A parental order parents—

(a) paragraph (1)(a) shall read as if the word “conditions” were “condition”;

(b) paragraph (2) shall read as if the words of that paragraph were—

“The condition referred to in paragraph (1) is that the employee is a child’s section 54A parental order parent.”;

(c) paragraph (4) shall read as if the words of that paragraph were—

“An employee’s entitlement to leave under this regulation shall not be affected by the birth or expected birth of more than one child as a result of the same pregnancy.”^F28]

14. Regulations 16 (options in respect of ordinary adoption leave) and 17 (notice and evidential requirements for ordinary adoption leave) of the Leave Regulations as they apply to [^F29section 54 parental order parents and section 54A parental order parents^F29] shall read as if the wording of those regulations were—

Commencement of ordinary adoption leave

16.—(1) Except in a case referred to in paragraph (2), an employee’s period of ordinary adoption leave begins on the day on which the child is born.

(2) In a case where the employee is at work on the date on which the child is born the employee’s leave begins on the day after that date.

Notice and evidential requirements for ordinary adoption leave

17.—(1) An employee must give the employer notice of their intention to take ordinary adoption leave in respect of a child specifying the expected week of the child’s birth.

(2) The notice provided for in paragraph (1) must be given to the employer in or before the 15th week before the expected week of the child’s birth.

(3) Where an employer requests it, an employee must also provide the employer with a parental statutory declaration.

(4) An employer who is given notice under paragraph (1) of the employee’s intention to take ordinary adoption leave must notify the employee within 28 days of the receipt of the notice of the date on which the period of additional adoption leave to which the employee will be entitled (if the employee satisfies the conditions in regulation 20(1)) after the employee’s period of ordinary adoption leave ends.

(5) The notification provided for in paragraph (4) must be given to the employee within 28 days of the date on which the employer received that notice.

(6) An employee must give the employer a further notice, as soon as reasonably practicable after the child’s birth, of the date on which the child was born.

(7) Notices under paragraphs (1) and (6) must be given in writing, if the employer so requests.”.

15. In regulation 18 (duration and commencement of ordinary adoption leave) of the Leave Regulations as they apply to [^F30section 54 parental order parents and section 54A parental order parents^F30] —

(a) The heading shall read as if the words “commencement of” were omitted;

(b) Paragraph (1) is unnumbered; and

(c) paragraphs (2) and (3) were omitted.

16. In regulation 20 (additional adoption leave: entitlement, duration and commencement) of the Leave Regulations as they apply to [^F31 section 54 ^F31] parental order parents, paragraph (1)(a) shall read as if the words of that sub-paragraph were “the employee is Parent A”.

[^F32 16A. In regulation 20 (additional adoption leave: entitlement duration and commencement) of the Leave Regulations as they apply to section 54A parental order parents, paragraph (1)(a) shall read as if the words of that sub-paragraph were “the employee is a section 54A parental order parent in respect of that child.” ^F32]

17. In regulation 22 (disrupted placement in the course of adoption leave) of the Leave Regulations as they apply to [^F33section 54^F33] parental order parents—

(a) paragraph (1) shall read as if the words of that paragraph were—

“This regulation applies where—

[^F34(a) the employee does not apply for an order under section 54 of the Human Fertilisation and Embryology Act 2008 within the time limit set by subsection (3) of that section;

(b)the employee’s application for an order under that section for the child is refused, withdrawn or otherwise terminated without the order being granted and any time for an appeal or a new application has expired; or

(c)the child dies.”^F34] ;

(b) paragraph (3) shall read as if—

(i) in paragraph (a) the words from “the person with whom” to the end were “the time limit in section 54(3) of the Human Fertilisation and Embryology Act 2008 for an application for [^F35 an order under that section ^F35] for the child expires;”;

(ii) in paragraph (b) the words “paragraph (1)(b)(i)” to the end were “paragraph (1)(b), the week in which the employee’s application for [^F36 an order under that section ^F36] is refused, withdrawn or otherwise terminated without the order being granted;”;

(iii) in paragraph (c) the words “paragraph (1)(b)(ii)” to the end were “paragraph (1)(c), the week during which the child dies”;

(c) paragraph (3A) is omitted in relation to any time on or after the date on which that paragraph comes into force(7).

[^F37 17A. In regulation 22 (disrupted placement in the course of adoption leave) of the Leave Regulations as they apply to section 54A parental order parents—

(a) paragraph (1) shall read as if the words of that paragraph were—

“This regulation applies where—

(a)the employee does not apply for an order under section 54A of the Human Fertilisation and Embryology Act 1998 within the time limit set by subsection (2) of that section;

(b)the employee’s application for an order under that section for the child is refused, withdrawn or otherwise terminated without the order being granted and any time limit for an appeal or new application has expired; or

(c)the child dies.”;

(b) paragraph (3) shall read as if—

(i) in paragraph (a), the words from “the person with whom” to the end were “the time limit in section 54A(2) of the Human Fertilisation and Embryology Act 2008 for an application for an order under that section for the child expires;”;

(ii) in paragraph (b), the words “paragraph (1)(b)(i)” to the end were “paragraph (1)(b), the week in which the employee’s application for an order under that section is refused, withdrawn or otherwise terminated without the order being granted;”;

(iii) in paragraph (c), the words “paragraph (1)(b)(ii)” to the end were “paragraph (1)(c), the week during which the child dies”; and

(c) paragraph (3A) shall be treated as omitted.^F37]

[^F38 17B. In regulation 23 (redundancy during adoption leave) of the Leave Regulations as they apply to parental order parents, paragraph (1B) shall read as if the words “is placed with the employee for adoption” were “was born”. ^F38]

PART 3 PARENTAL ORDER PARENTS: CURTAILMENT _I16,I17

18. Regulation 2(2) (application) of the Curtailment Regulations as they apply to [^F39section 54^F39] parental order parents shall read as if the words in that regulation were—

“Part 3 of these Regulations has effect only in relation to children whose expected week of birth begins on or after 5th April 2015.”.

19. Regulation 3 (interpretation) of the Curtailment Regulations as they apply to [^F40section 54^F40] parental order parents shall read as if in paragraph (1)—

(a) the definition of “A” read—

“means in relation to C, the parental order parent of C who has elected to be Parent A in respect of C in accordance with regulation 2(4) of the Paternity and Adoption Leave Regulations 2002(8);”

(b) the definition of “AP” read—

“means the parental order parent of C who is married to, or is the civil partner or partner of, A;”

(c) there were, in the appropriate places alphabetically, the following definitions—

““intended parent”, in relation to a child, means a person who, on the day of the child’s birth—

“parental order” means an order under section 54(1) of the Human Fertilisation and Embryology Act 2008;

“parental order parent” means a person—

PART 4 PARENTAL ORDER PARENTS: SHARED PARENTAL LEAVE _I18,I19

20. In regulation 2 (application) of the SPL Regulations as they apply to [^F41section 54^F41] parental order parents—

(a) paragraph (1) is omitted;

(b) paragraph (2) shall read as if the words in that paragraph were—

(c) “The provisions relating to shared parental leave in Part 3 have effect only in relation to children whose expected week of birth begins on or after 5th April 2015.”.

21. Regulation 3 (interpretation) of the SPL Regulations as they apply to [^F42section 54^F42] parental order parents shall read as if in paragraph (1)—

(a) the definition of “A” read—

“means in relation to C, the parental order parent of C who has elected be Parent A in respect of C in accordance with regulation 2(4) of the Paternity and Adoption Leave Regulations 2002 (9);”;

(b) the definition of “AP” read—

“means the parental order parent of C who at the date of C’s birth is married to, or the civil partner or the partner of, A;”;

(c) there were, in the appropriate places alphabetically, the following definitions—

[^F43““intended parent”, in relation to a child, means a person who, on the day of the child’s birth—

“parental order” means an order under section 54(1) of the Human Fertilisation and Embryology Act 2008;^F43]

“parental order parent” means a person—

“parental statutory declaration” means a statutory declaration stating that the person making the declaration—

Shared Parental Leave (Adoption) _{I20,I21,I22,I23,I24,I25,I26,I27,I28,I29,I30,I31}

22. In regulation 20 (adopter’s entitlement to shared parental leave) of the SPL Regulations as they apply to [^F44section 54^F44] parental order parents—

(a) paragraphs (2)(b) and (3)(b) shall read as if the words “at the date of the placement for adoption of C” were “at the date of C’s birth”;

(b) paragraph (4) shall read as if the words of that paragraph were—

“Entitlement under paragraph (1) is not affected by the number of children born or expected as a result of the same pregnancy.”.

23. In regulation 21 (adopter’s partner’s entitlement to shared parental leave) of the SPL Regulations as they apply to [^F45section 54^F45] parental order parents—

(a) paragraphs (2)(b) and (3)(b) shall read as if the words “at the date of the placement for adoption of C” were “at the date of C’s birth”;

(b) paragraph (4) shall read as if the words of that paragraph were—

“Entitlement under paragraph (1) is not affected by the number of children born or expected as a result of the same pregnancy.”.

24. Regulation 23 (periods when shared parental leave may be taken (adoption)) of the SPL Regulations as they apply to [^F46section 54^F46] parental order parents shall read as if the words of paragraph (1) were—

“Shared parental leave may be taken at any time within the period which begins on the date C is born (or where more than one child is born as a result of the same pregnancy, the date on which the first child is born) and ends on the day before C’s first birthday.”.

25. In regulation 24 (adopter’s notice of entitlement and intention to take shared parental leave) of the SPL Regulations as they apply to [^F47section 54^F47] parental order parents—

(a) paragraph (2) shall read as if—

(i) the words of sub-paragraph (c) were—

“the expected week of birth for C and C’s date of birth (except as provided for in paragraph (5));”;

(ii) the words of sub-paragraph (d) were—

“if the parental order has been granted, the date on which it was granted”;

(b) paragraph (3) shall read as if there were inserted after sub-paragraph (b)—

“(c)a parental statutory declaration signed by A.”;

(c) paragraph (5) shall read as if the words in that paragraph were—

“(5) Where a notice is given under paragraph (1) before C is born, A must give notice of C’s date of birth as soon as reasonably practicable after the birth of C and in any event before the first period of shared parental leave to be taken by A.”;

(d) it shall read as if after paragraph (6) there were inserted—

“(7) A is only required to supply a parental statutory declaration in accordance with paragraph (3)(c) if—

(a)A has not obtained a parental order for C, and

(b)A has not already supplied such a declaration to his employer.”.

26. In regulation 25 (adopter’s partner’s notice of entitlement and intention to take shared parental leave) of the SPL Regulations, as they apply to [^F48section 54^F48] parental order parents—

(a) paragraph (2) shall read as if—

(i) the words in sub-paragraph (c) were—

“C’s expected week of birth and, where known, C’s date of birth (except as provided for in paragraph (4));”;

(ii) the words of sub-paragraph (d) were—

“if the parental order has been granted, the date on which it was granted”;

(b) paragraph (3) shall read as if there were inserted after sub-paragraph (a)(iv)—

“(v)A and AP are the parental order parents of the child”;

(c) paragraph (4) shall read as if the words of that paragraph were—

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

27. In regulation 26 (supplementary evidence (adoption)) of the SPL Regulations as they apply to [^F49section 54 parental order^F49] parents—

(a) paragraph (1)(a) shall read as if the words in that paragraph were replaced by—

“if available, evidence in the form of a parental order;”;

(b) paragraph (2)(a) shall read as if the words of that paragraph were replaced by—

“if available, evidence in the form of a parental order;”;

28. In regulation 28 (period of leave notice (adoption)) of the SPL Regulations as they apply to [^F50section 54^F50] parental order parents, paragraph (4)(c) shall read as if the words in that paragraph were—

“if given before C is born—

(i)contain a start date for the leave which is the day on which C is born or which is expressed as a number of days following the date of C’s birth;

(ii)contain an end date expressed as a number of days following the date of C’s birth.”.

29. In regulation 32 (limit on number of period of leave notices or variations (adoption) ) of the SPL Regulations as they apply to [^F51 section 54 ^F51] parental order parents, paragraph (2)(b) shall read as if the words “being placed earlier or later than the date expected” in that paragraph were “being born earlier or later than the expected week of birth”.

30. In regulation 34 (entitlement to shared parental leave in the event of a disrupted placement or the death of adopter, adopter’s partner or child) of the SPL Regulations as they apply to [^F52section 54^F52] parental order parents—

(a) paragraph (a) shall read as if the word “or” were omitted;

(b) paragraph (b) shall read as if the words of that paragraph were—

“A and AP do not apply for a parental order for C within the time limit in section 54(3) of the Human Fertilisation and Embryology Act 2008 for making such an application;”;

(c) it shall read as if after paragraph (b) there were inserted—

“or

(c)A and AP’s application for a parental order for C is refused, withdrawn or otherwise terminated without the order being granted and any time limit for an appeal or new application has expired.”.

31. In regulation 35 (continuity of employment test) of the SPL Regulations as they apply to [^F53section 54^F53] parental order parents—

(a) shall read as if after paragraph (2) there were inserted—

“(2A) Where Part 3 applies and C is born earlier than the relevant week and an employee would have satisfied the condition in sub-paragraph (a) of paragraph (1) if the employee’s employment had continued until the end of the week immediately preceding that week, the employee must be treated as having satisfied that condition.”;

(b) paragraph (3) shall read as if the words of that paragraph were—

“In this regulation “relevant week” means the week immediately preceding the 14th week before the expected week of birth.”.

32. Regulation 36 (employment and earnings test) of the SPL Regulations as they apply to [^F54 section 54 ^F54] parental order parents shall read as if the definition of “calculation week” in paragraph (5) were—

““calculation week” means the expected week of birth.”.

[^F55 32A. In regulation 39 (redundancy during shared parental leave) of the SPL Regulations as they apply to parental order parents, sub-paragraph (1B)(b) shall read as if the words “placed with the employee for adoption” were “born”. ^F55]

33. In the Schedule (shared parental leave in special circumstances) of the SPL Regulations as they apply to [^F56section 54^F56] parental order parents—

(a) paragraph 10 (entitlement to shared parental leave in the event of a disrupted placement or the death of a child) shall read as if—

(i) in sub-paragraphs (1) and (2) the words “is returned after being placed for adoption” were “the parental order does not proceed”;

(ii) the words “C’s return or” were omitted;

(iii) in the amendment of regulation 32(1) set out in paragraph (6), the words “is returned after being placed for adoption” were replaced by “the parental order does not proceed”;

(b) it shall read as if after paragraph (6) there is inserted—

“(6A) In this paragraph a parental order does not proceed if—

(a)A and AP have not made an application for a parental order for C within the time limit for such an application under section 54(3) of the Human Fertilisation and Embryology Act 2008; or

(b)an application made for a parental order in respect of C is refused, withdrawn or otherwise terminated and any time limit for an appeal or new application has expired.”;

(c) paragraph (7) shall read as if the words of that sub-paragraph were—

“Where more than one child is born of the same pregnancy, a reference in this paragraph relating to the death of C must be construed as a reference to the last of those children to die.”.