2014 No. 3095
The Employment Rights Act 1996 (Application of Sections 75A, 75B, 75G, 75H, 80A and 80B to Parental Order Cases) Regulations 2014
Made
Coming into force
A draft of these Regulations was laid before Parliament in accordance with section 236(3) of the Employment Rights Act 19961 and approved by resolution of each House of Parliament.
The Secretary of State, in exercise of the powers conferred by sections 75A(8), 75B(9), 75H(18), 80B(9) and 236(5) of the Employment Rights Act 19962, makes the following Regulations.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Employment Rights Act 1996 (Application of Sections 75A, 75B, 75G, 75H, 80A and 80B to Parental Order Cases) Regulations 2014 and come into force on 25th November 2014.
2
In these Regulations—
“the Act” means the Employment Rights Act 1996;
“intended parent”, in relation to a child, means a person who, on the day of the child’s birth—
- a
applies, or intends to apply during the period of 6 months beginning with that day, with another person for a parental order in respect of the child, and
- b
expects the court to make a parental order on that application in respect of the child;
- a
“parental order” means an order under section 54(1) of the Human Fertilisation and Embryology Act 2008; and
“parental order parent” means a person—
- a
on whose application the court has made a parental order in respect of a child, or
- b
who is an intended parent of a child.
- a
Application of sections 75A and 75B of the Act to parental order parents2
Sections 75A and 75B of the Act have effect in relation to parental order parents.
Application of sections 75G and 75H of the Act to parental order parents3
Sections 75G and 75H of the Act3 have effect in relation to parental order parents with the modifications specified in the second column of Schedule 1 to these Regulations.
Application of sections 80A and 80B of the Act to parental order parents4
Sections 80A4 and 80B of the Act have effect in relation to parental order parents with the modifications specified in the second column of Schedule 2 to these Regulations.
SCHEDULE 1
Provision | Modification |
---|---|
Section 75G | For paragraph (b) of subsection (1) substitute—
|
For paragraph (b) of subsection (4) substitute—
| |
After subsection (6) insert—
| |
Omit subsection (7). | |
Omit subsection (8). | |
Section 75H | In paragraph (a) of subsection (2), for “with whom the child is, or is expected to be placed for adoption” substitute “on whose application the court has made a parental order in respect of the child or who is an intended parent of the child”. |
In paragraph (b) of subsection (2), for “with whom the child is, or is expected to be placed for adoption” substitute “on whose application the court has made a parental order in respect of the child or who is an intended parent of the child”. | |
In paragraph (b) of subsection (14), for “placed for adoption as part of the same arrangement” substitute “born as a result of the same pregnancy”. |
SCHEDULE 2
Provision | Modification |
---|---|
Section 80A | After paragraph (a) in subsection (5) insert—
|
Section 80B | For paragraph (b) of subsection (1) (and the following “and”) substitute—
|
For paragraph (c) of subsection (1) substitute—
| |
In subsection (4), for “placement for adoption” substitute “birth”. | |
In paragraph (a) of subsection (5), for “a person with whom a child is placed for adoption” substitute “the other person on whose application the court has made a parental order in respect of a child or who is an intended parent of a child”. | |
Omit paragraph (aa) of subsection (5)5. | |
In paragraph (c) of subsection (5), for “placed for adoption as part of the same arrangement” substitute “born as a result of the same pregnancy”. | |
For subsection (6) substitute—
| |
Omit subsection (6A)6. | |
Omit subsection (6B)7. | |
After subsection (7) insert—
|
(This note is not part of the Regulations)