- Latest available (Revised)
- Point in Time (15/03/2015)
- Original (As made)
Point in time view as at 15/03/2015.
There are currently no known outstanding effects for the The Shared Parental Leave Regulations (Northern Ireland) 2015, Section 3.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
3.—(1) In these Regulations—
“1992 Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 M1;
“1996 Order” means the Employment Rights (Northern Ireland) Order 1996;
“A”, in relation to C, means the person with whom C is, or is expected to be, placed for adoption, or, in a case where two people have been matched jointly, whichever of them has elected to be the child's adopter for the purposes of the Paternity and Adoption Leave Regulations (Northern Ireland) 2002 M2;
“adoption agency” has the meaning given—
“adoption pay period” means the period in which statutory adoption pay may be payable in respect of C;
“allowance curtailment date” means the last day of M's maternity allowance period where that period has been reduced under section 35(3A) of the 1992 Act M6;
“AP” means the person who at the date that C is placed for adoption is married to, or the civil partner or the partner of, A;
“C” means the child in relation to whom an entitlement to shared parental leave arises;
“expected week of birth” means the week, beginning with midnight between Saturday and Sunday, in which it is expected that C will be born;
“leave curtailment date” means—
in Part 2, the last day of M's statutory maternity leave period where that period has been curtailed under Article 103(3)(ba) or 105(3)(a) of the 1996 Order M7;
in Part 3, the last day of A's statutory adoption leave period where that period has been curtailed under Article 107A(2A)(a) or 107B(3)(aa) of the 1996 Order M8;
“M” means the mother (or expectant mother) of C;
“maternity allowance” means a maternity allowance under section 35(1) of the 1992 Act M9;
“maternity allowance period” means the period referred to in section 35(2) of the 1992 Act M10;
“maternity pay period” has the meaning given by regulation 2 of the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987 M11;
“P” means the father of C, or the person who at the date of C's birth is married to, or the civil partner or the partner of, M;
“partner” in relation to M or A, means a person (whether of a different sex or the same sex) who lives with M or A and with C in an enduring family relationship but is not M's or A's child, parent, grandchild, grandparent, sibling, aunt, uncle, niece or nephew;
“pay curtailment date” means—
“period of leave notice” means a notice given in accordance with regulation 12 or 28;
“placed for adoption” means—
placed for adoption by virtue of regulation 12 of the Adoption Agencies Regulations (Northern Ireland) 1989 M14;
placed by an authority with a person who is an approved foster parent who is also an approved prospective adopter M15 where the authority—
is considering adoption for the child; or
is satisfied that adoption is in the best interests of the child,
and is considering whether that person would be a suitable adoptive parent for that child;
placed for adoption under the Adoption and Children Act 2002 or the Adoption and Children (Scotland) Act 2007; or
placed in accordance with section 22C of the Children Act 1989 M16 with a local authority foster parent who is also a prospective adopter;
“processing”, in relation to information, has the meaning given by section 1(1) of the Data Protection Act 1998 M17;
“returned after being placed for adoption” means—
returned to the authority under Article 31(3) of the Adoption (Northern Ireland) Order 1987 M18;
where the child is placed for adoption in the circumstances described in paragraph (b) of the definition of “placed for adoption”, returned to the authority following termination of the placement;
returned under sections 31 to 35 of the Adoption and Children Act 2002;
in Scotland, returned to the adoption agency, adoption society or nominated person in accordance with section 25(6) of the Adoption and Children (Scotland) Act 2007; or
where the child is placed in accordance with section 22C of the Children Act 1989, returned to the adoption agency following a termination of the placement;
“revocation notice” means a notice given under Article 103(3)(bb), 105(3)(aa), 107A(2A)(b), or 107B(3)(aa) of the 1996 Order M19 or section 35(3D), 161(3D), or 167ZN(2D) of the 1992 Act M20, as the case may be, which revokes a notice previously given under that section;
“
” means leave under section 107E or 107G of the 1996 Order;“statutory adoption leave” means ordinary adoption leave under Article 107A of the 1996 Order or additional adoption leave under Article 107B of that Order;
“statutory adoption pay” has the meaning given in section 167ZL of the 1992 Act M21;
“statutory maternity leave” means ordinary maternity leave under Article 103 of the 1996 Order or additional maternity leave under Article 105 of that Order M22;
“statutory maternity pay” has the meaning given in section 160(1) of the 1992 Act; and
“M23.
” means any pay payable in accordance with the provisions of Part 12ZC of the 1992 Act(2) References to relationships in the definition of “partner” in paragraph (1)—
(a)are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for the adoption; and
(b)include the relationship of a child with adoptive, or former adoptive, parents, but do not include other adoptive relationships.
(3) For the purposes of these Regulations—
(a)a person is matched with a child for adoption when an adoption agency decides that that person would be a suitable adoptive parent for the child either individually or jointly with another person;
(b)in a case where sub-paragraph (a) applies, a person is notified of having been matched with a child on the date on which that person receives notification of the agency's decision, under regulation 11(2)(d) of the Adoption Agencies Regulations (Northern Ireland) 1989 M24, regulation 33(3)(a) of the Adoption Agencies Regulations 2005 M25, regulation 28(3) of the Adoption Agencies (Wales) Regulations 2005 M26, or regulation 8(5) of the Adoption Agencies (Scotland) Regulations 2009 M27;
(c)a person is also matched with a child where each of the following conditions is met—
(i)that person is an approved foster parent and an approved prospective adopter, and the child is, or is expected to be, placed by the authority with that person under Article 27(2)(a) of the Children (Northern Ireland) Order 1995 M28;
(ii)the authority—
(aa)is considering adoption for the child; or
(bb)is satisfied that adoption is in the best interests of the child;
(iii)the authority is considering whether that person would be a suitable adoptive parent for that child;
(d)in a case where sub-paragraph (c) applies, a person is notified as having been matched with a child on the date on which that person receives notification from the authority that the conditions in that sub-paragraph have been met;
(e)a person is also matched with a child for adoption when a decision has been made in accordance with regulation 22A of the Care Planning, Placement and Case Review (England) Regulations 2010 M29 and an adoption agency has identified that person with whom the child is to be placed in accordance with regulation 12B of the Adoption Agencies Regulations 2005 M30;
(f)in a case where sub-paragraph (e) applies, a person is notified of having been matched with a child on the date on which that person receives notification in accordance with regulation 12B(2)(a) of the Adoption Agencies Regulations 2005 of the decision to place for adoption the child with that person.
(4) In paragraph (d) of the definition of “placed for adoption” in paragraph (1)—
“local authority foster parent” means a person approved as a local authority foster parent in accordance with regulations made by virtue of paragraph 12F of Schedule 2 to the Children Act 1989 M31;
“prospective adopter” means a person who has been approved as suitable to adopt a child and has been notified of that decision in accordance with regulation 30B(4) of the Adoption Agencies Regulations 2005 M32.
Marginal Citations
M2S.R. 2002 No. 377; election is dealt with in regulation 2(4)(c) of those Regulations.
M6Section 35(3A) was inserted 2015 c. 1 (N.I.), section 6(2).
M7Article 103(3)(ba) was inserted, and Article 105(3)(a) amended, by 2015 c. 1 (N.I.), section 3(2) and (3) respectively.
M8Articles 107A and 107B were inserted by the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)), Article 3. Article 107A(2A) was inserted by the Work and Families (Northern Ireland) Order 2006 (S.I 2006/1947 (N.I. 16)), Schedule 1, paragraph 32. Article 107A(2A)(a) and Article 107B(3)(aa) were inserted by 2015 c. 1 (N.I.), section 3(4) and (5) (respectively).
M9Section 35(1) was substituted by the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)), Article 50(1), and amended by the Social Security Act (Northern Ireland) 2002 (c. 10), Schedule 1, paragraph 2(a), and S.R. 2014 No. 102.
M10Section 35(2) was amended by S.R. 2014 No. 102.
M11S.R. 1987 No. 30; regulation 2 was substituted by S.R. 2006 No. 361.
M12Section 161(3A) was inserted by 2015 c. 1 (N.I.), section 6(4).
M13Section 167ZN was inserted by S.I. 2002/2836 (N.I. 2), Article 6. Section 167ZN(2A) was inserted by 2015 c. 1 (N.I.), section 6(6).
M14S.R. 1989 No. 253.
M15“Approved foster parent”, “approved prospective adopter” and “authority” are defined in Article 107H(4) of S.I. 1996/1919 (N.I. 16), as inserted by 2015 c. 1 (N.I.), section 2(2).
M161989 c. 41; section 22C was inserted by the Children and Young Persons Act 2008 (c. 23), section 8(1), and subsection (9B)(c) was inserted by the Children and Families Act 2014 (c. 6), section 118.
M171998 c. 29; section 1 was amended by the Freedom of Information Act 2000 (c. 36), section 68(2)(a), and Schedule 8, paragraph 1.
M18Article 31(3) was amended by the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)), Schedule 9, paragraph 154(2).
M19Articles 103(3)(bb), 105(3)(aa), 107A(2A)(b) and 107B(3)(aa) were inserted by 2015 c. 1 (N.I.), section 3.
M20Sections 35(3D), 161(3D) and 167ZN(2D) were inserted by 2015 c. 1 (N.I.), section 6.
M21Section 1671ZL was inserted by S.I. 2002/2836 (N.I. 2), Article 6.
M22Articles 103 and 105 were substituted by S.I. 1999/2790 (N.I. 9), Schedule 4, Part 1, and amended by S.I. 2002/2836 (N.I. 2), Article 14, and by S.I 2006/1947 (N.I. 16), Schedule 1, paragraphs 30 and 31 respectively.
M23Part 12ZC was inserted by 2015 c. 1 (N.I.), section 5.
M24S.R. 1989 No. 253.
M29S.I. 2010/959; amended for relevant purposes by S.I. 2014/1556.
M30Regulation 12B was inserted by S.I. 2014/1556.
M31Paragraph 12F was inserted by the Children and Young Persons Act 2008 (c. 23), Schedule 1, paragraph 4.
M32Regulation 30B was inserted by S.I. 2013/985.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: