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Statutory Instruments

2026 No. 238

TERMS AND CONDITIONS OF EMPLOYMENT

The Employment Rights Act 1996 (Application of Section 80B to Adoptions from Overseas) (Amendment) Regulations 2026

Made

9th March 2026

Coming into force

10th March 2026

The Secretary of State makes these Regulations in exercise of the power conferred by section 80B(8) of the Employment Rights Act 1996(1).

In accordance with section 236(3) of that Act(2), a draft of the instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Citation, commencement and extent

1. These Regulations—

(a)may be cited as the Employment Rights Act 1996 (Application of Section 80B to Adoptions from Overseas) (Amendment) Regulations 2026,

(b)come into force on 10th March 2026, and

(c)extend to England and Wales and Scotland.

Amendment of the Employment Rights Act 1996 (Application of Section 80B to Adoptions from Overseas) Regulations 2003

2.—(1) The Employment Rights Act 1996 (Application of Section 80B to Adoptions from Overseas) Regulations 2003(3) are amended as follows.

(2) In the table in the Schedule, after the entry substituting section 80B(6), insert—

“Section 80B(6C)

For subsection (6C)(4) substitute—

“(6C) In relation to cases where a child’s adopter dies, this section has effect as if after subsection (1) there were inserted—

“(1A) But in a case where the child’s adopter dies and the child—

(a)dies, or

(b)ceases to live with the employee,

the regulations may provide that an employee who satisfies those conditions is entitled to leave under this section despite the fact that the leave cannot be taken for that purpose.”.”.”.

Kate Dearden

Parliamentary Under-Secretary of State

9th March 2026

Department for Business and Trade

(1)

1996 c. 18. Section 80B was inserted by section 1 of the Employment Act 2002 (c. 22) and amended by sections 118(7), 121(2), 122(4), 128(2)(b) of, and paragraph 33 of Schedule 7 to, the Children and Families Act 2014 (c. 6), section 1(3) of the Paternity Leave (Bereavement) Act 2024 (c. 17), sections 16(2) and 17(2) of the Employment Rights Act 2025 (c. 36) and by S.I. 2016/413 (W. 131).

(2)

Section 236(3) was amended by paragraph 42(3) of Schedule 4 to the Employment Relations Act 1999 (c. 26), paragraph 49(3) of Schedule 7 to the Employment Act 2002 (c. 22) and paragraph 44 of Schedule 1 to the Work and Families Act 2006 (c. 18). There are other amendments not relevant to this instrument.

(4)

Subsection (6C) was inserted by section 1(3) of the Paternity Leave (Bereavement) Act 2024 (c. 17) and amended by sections 16(2)(b) and 17(2)(b) of the Employment Rights Act 2025 (c. 36).

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Employment Rights Act 1996 (Application of Section 80B to Adoptions from Overseas) (Amendment) Regulations 2026 (2026/238)
Version from: original only

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