EXPLANATORY NOTE

(This note is not part of the Regulations)

Sections 75G to 75K of the Employment Rights Act 1996 contain powers under which the Secretary of State may make regulations entitling an employee who is adopting a child under the law of any part of the United Kingdom, or the spouse or partner of such an adopter, to shared parental leave.

These Regulations make the necessary modifications to sections 75G and 75H to provide for those sections to have effect in relation to adoptions from overseas; no modifications are needed to sections 75I to 75K. An adoption from overseas is an adoption of a child who enters Great Britain from outside the United Kingdom in connection with or for the purposes of an adoption which does not involve the placement of the child for adoption under the law of any part of the United Kingdom.

An impact assessment has not been prepared for these Regulations. These Regulations are part of a package of legislative measures and the relevant impact assessment is the Modern Workplaces: shared parental leave and pay administration consultation impact assessment which was published in February 2013. A copy of that impact assessment can be obtained from the Department for Business, Innovation and Skills, Labour Market Directorate, 1 Victoria Street, London, SW1H 0ET. Copies have also been placed in the libraries of both Houses of Parliament.