- Latest available (Revised)
- Original (As made)
This version of this part contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Shared Parental Leave and Paternity and Adoption Leave (Adoptions from Overseas) Regulations 2014. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
Prospective
22. The Paternity and Adoption Leave (Adoption from Overseas) Regulations 2003(1) are amended as follows.E+W+S
Commencement Information
I1Reg. 22 in force at 5.4.2015, see reg. 1
23. In regulation 4 (interpretation)—E+W+S
(a)after sub-paragraph (a) of paragraph (2) insert—
“(ab)for the definition of “child”, substitute—
“child” means a person who enters Great Britain from outside the United Kingdom in connection with or for the purposes of adoption which does not involve the placement of the person for adoption under the law of any part of the United Kingdom and who was under the age of 18 at the time of entry into Great Britain;”;
(b)in sub-paragraph (b) of paragraph (2)—
(i)in the definition of “relevant domestic authority” for “Intercountry Adoption (Hague Convention) Regulations 2003” substitute “Adoptions with a Foreign Element Regulations 2005”;
(ii)after the definition of “relevant domestic authority” insert—
““shared parental leave” means leave under section 75G of the 1996 Act.”.
Commencement Information
I2Reg. 23 in force at 5.4.2015, see reg. 1
24. In regulation 7 (entitlement to paternity leave: adoption from overseas)—E+W+S
(a)in paragraph (1) of the substituted regulation 8, for “An” substitute “Subject to paragraph (1A), an”; and
(b)after paragraph (1) of the substituted regulation 8, insert—
“(1A) An employee is not entitled to be absent from work under paragraph (1) if the employee has taken shared parental leave in respect of the child.”.
Commencement Information
I3Reg. 24 in force at 5.4.2015, see reg. 1
25. In regulation 9 (entitlement to ordinary adoption leave: adoption from overseas)—E+W+S
(a)in paragraph (1) of substituted regulation 15, for “An” substitute “Subject to paragraph (1A), an”;
(b)for sub-paragraph (a) in paragraph (1) of substituted regulation 15, substitute—
“(a)is the child’s adopter; and”;
(c)after paragraph (1) of substituted regulation 15, insert—
“(1A) An employee is not entitled to be absent from work under paragraph (1) if the employee has taken shared parental leave in respect of the child.”; and
(d)omit paragraphs (2) and (3) of the substituted regulation 15.
Commencement Information
I4Reg. 25 in force at 5.4.2015, see reg. 1
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.
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 Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
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: