The Paternity, Adoption and Shared Parental Leave (Parental Order Cases) Regulations (Northern Ireland) 2015

This section has no associated Explanatory Memorandum

6.  Regulation 2 (interpretation) of the Leave Regulations as they apply to [F1section 54 parental order parents and section 54A parental order parents] shall read as if—

(a)in paragraph (1)—

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

(ii)in the definition of “partner”, “Parent A” were substituted (in each case) for the words “a child's mother or adopter”, “the mother or adopter” and “the mother or the adopter”;

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

[F2““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;”];

““Parent A”, in relation to a child, means the [F3section 54] parental order parent who has elected to be Parent A;”;

F4“...”;

F4“...”

[F5““parental statutory declaration” means a statutory declaration stating that the person making the declaration—

(a)

has applied, or intends to apply—

(i)

under section 54 of the Human Fertilisation and Embryology Act 2008 with another person; or

(ii)

under section 54A of that Act, alone,

for a parental order under that section in respect of the child within the time limit for making such an application; and

(b)

expects the court to make an order under that section on that application in respect of the child;”]

[F6““section 54 parental order parent” means a person—

(a)

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

(b)

who is an intended parent of a child by reference to an application or intended application for such an order;

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

(a)

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

(b)

who is an intended parent of a child by reference to an application or intended application for such an order.”].

(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 [F7section 54] parental order parent elects to be Parent A in relation to a child if he agrees with the other [F7section 54] parental order parent of the child that he, and not the other [F7section 54] parental order parent, will be Parent A.”.

Textual Amendments