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16. In the Schedule (statutory shared parental pay in special circumstances) to the Pay Regulations as they apply to an intended parent or a parental order parent, in paragraph 12, it shall read as if—
(a)in sub-paragraphs (1) and (2), the words “is returned after being placed” (in each place where they occur) were “the parental order does not proceed”;
(b)sub-paragraph (4) was substituted by—
“(4) Where more than one child is born of the same pregnancy—
(a)sub-paragraphs (1) and (2) only apply where all the children die or the parental order does not proceed in respect of all the children; and
(b)a reference in this paragraph relating to the death of C (however expressed) is to the death of the last of those children to die.”.
(c)sub-paragraph (5) was substituted by—
“(5) For the purpose of this paragraph a parental order does not proceed if—
(a)A and AP have not made an application for an order in respect of C under section 54(1) of the Human Fertilisation and Embryology Act 2008 within the time limit for such an application under section 54(3) of that Act; or
(b)an application made for such an order in respect of C is refused, withdrawn or otherwise terminated and any time limit for an appeal or a new application has expired.”.
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