The Ordinary Statutory Paternity Pay (Adoption), Additional Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) (Persons Abroad and Mariners) Regulations 2010

Application of the Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations 2002 to adoptions from overseas

4.—(1) The Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations 2002(1) shall have effect in relation to adoptions from overseas with the modifications set out in the following paragraphs of this regulation.

(2) In regulation 1(2) (interpretation)—

(a) omit the definitions of “additional statutory paternity pay (birth)” and “ordinary statutory paternity pay (birth);

(b) for the definition of “adopter”, substitute—

““adopter”, in relation to a child adopted from overseas, means—

(a)

a person by whom the child has been or is to be adopted, or

(b)

in a case where the child has been or is to be adopted by two people jointly, whichever of them has elected to take adoption leave under section 75A or 75B of the Employment Rights Act 1996 in respect of the child;”;

(c) after the definition of “mariner”, insert—

““official notification” means written notification, issued by or on behalf of the relevant central authority, that it is prepared to issue a certificate to the overseas authority concerned with the adoption of the child, or has issued a certificate and sent it to that authority, confirming, in either case, that the adopter is eligible to adopt and has been assessed and approved as being a suitable adoptive parent;”;

(d) after the definition of “ordinary statutory paternity pay (adoption)”, insert—

“relevant central authority” means—

(a)

in the case of an adopter to whom Part 3 of the Adoptions with a Foreign Element Regulations 2005 apply and who is habitually resident in Wales, the Welsh Ministers;

(b)

in the case of an adopter to whom Part 3 of the Adoptions with a Foreign Element (Scotland) Regulations 2009 apply and who is habitually resident in Scotland, the Scottish Ministers; and

(c)

in any other case, the Secretary of State;”.

(3) For regulation 1(3), substitute—

“(3) References in these Regulations to provisions of Parts 12ZA and 12ZB of the Act are to be construed as references to those provisions as modified by the Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) Regulations 2003.”.

(4) In regulation 5 (entitlement to ordinary statutory paternity pay and additional statutory paternity pay where person has worked in an EEA State)—

(a) omit paragraph (1);

(b) in the first line of paragraph (2), after “and who”, insert “, in the week in which the person receives an official notification or completes 26 weeks’ continuous employment with the person’s employer, whichever is the later”; and

(c) in paragraph (2)(a) omit the words “in the week in which the adopter is notified of being matched with the child for the purposes of adoption”.

(5) In regulation 6 (entitlement to statutory adoption pay where person has worked in an EEA State)—

(a) in the first line, after “and who”, insert “, in the week in which the person receives an official notification or completes 26 weeks’ continuous employment with the person’s employer, whichever is the later”;

(b) in paragraph (a), omit the words “in the week in which he is notified that he has been matched with the child for the purposes of adoption”; and

(c) in the full out, for the word “he”, substitute “the person”.

(1)

S.I. 2002/2821, amended by S.I. 2010/151.