SCHEDULE 1Amendments to Acts and Orders consequential on the coming into force of section 54A of the Human Fertilisation and Embryology Act 2008
Senior Courts Act 19811
In paragraph 3(f)(iv) of Schedule 1 to the Senior Courts Act 19814 (assignment of business of High Court to the Family Division) after “section 54” insert “or 54A”.
Social Security Act 19892
Social Security (Northern Ireland) Order 19893
Human Fertilisation and Embryology Act 19904
1
The Human Fertilisation and Embryology Act 19909 is amended as follows.
2
In section 33A(2)(q)10 (disapplication of prohibition on disclosing information) after “section 54” insert “or subsection (1) of section 54A”.
3
In section 35A(2)(b)11 (power to provide for provisions about parental orders to have effect in cases of mitochondrial donation) for “section 54” substitute “sections 54 and 54A”.
Child Support Act 19915
In section 26(2) of the Child Support Act 199112 (cases in which assumptions may be made about a child’s parentage), in Case B, after “section 54” insert “or 54A”.
Child Support (Northern Ireland) Order 19916
In article 27(2) of the Child Support (Northern Ireland) Order 199113 (cases in which assumptions may be made about a child’s parentage), in Case B, after “section 54” insert “or 54A”.
Social Security Contributions and Benefits Act 19927
1
In section 171ZT (power to apply Part 12ZB) of the Social Security Contributions and Benefits Act 199214, for subsection (2) substitute—
2
The Secretary of State may by regulations provide for this Part to have effect, with such modifications as the regulations may prescribe, in relation to—
a
cases which involve a person who has applied, or intends to apply, with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 and a child who is, or will be, the subject of the order,
b
cases which involve a person who has applied, or intends to apply, for a parental order under section 54A of that Act and a child who is, or will be, the subject of the order.
2
In subsection (3)(a) of that section, after “order” insert “under section 54 or 54A of the Human Fertilisation and Embryology Act 2008”.
Social Security Contributions and Benefits (Northern Ireland) Act 19928
1
In section 167ZT (power to apply Part 12ZB) of the Social Security Contributions and Benefits (Northern Ireland) Act 199215, for subsection (2) substitute—
2
The Department may by regulations provide for this Part to have effect, with such modifications as may be prescribed, in relation to—
a
cases which involve a person who has applied, or intends to apply, with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 and a child who is, or will be, the subject of the order,
b
cases which involve a person who has applied, or intends to apply, for a parental order under section 54A of that Act and a child who is, or will be, the subject of the order.
2
In subsection (3)(a) of that section after “order” insert “under section 54 or 54A of the Human Fertilisation and Embryology Act 2008”.
Children (Scotland) Act 19959
In section 11(4)(c) of the Children (Scotland) Act 199516 (cases in which court orders may not be made) after “section 54” insert “or 54A”.
Children (Northern Ireland) Order 199510
In article 8(4)(g) of the Children (Northern Ireland) Order 199517 (interpretation) after “section 54” insert “or “54A”.
Employment Rights Act 199611
1
The Employment Rights Act 199618 is amended as follows.
2
Section 57ZE (right to time off to accompany to ante-natal appointment)19 is amended as follows.
3
Omit the “or” before subsection (7)(e).
4
After subsection (7)(e) insert—
or
f
the person is a potential applicant for a parental order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of the expected child.
5
After subsection (10) insert—
10A
For the purposes of subsection (7)(f) a person is a potential applicant for a parental order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of an expected child only if—
a
the person intends to apply for such an order in respect of the expected child within the time allowed by section 54A(2),
b
the expected child is being carried by the pregnant woman as a result of such procedure as is described in section 54A(1)(a),
c
the requirement in section 54A(1)(b) is satisfied by reference to the person, and
d
the person expects that he or she will satisfy the conditions in section 54A(3), (4) and (7) as regards the intended application.
6
Section 57ZG (right to time off to accompany to ante-natal appointment: agency workers)20 is amended as follows.
7
Omit the “or” before subsection (7)(e).
8
At the end of subsection (7)(e) insert—
, or
f
the person is a potential applicant for a parental order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of the expected child.
9
After subsection (10) insert—
10A
For the purposes of subsection (7)(f) a person is a potential applicant for a parental order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of an expected child only if—
a
the person intends to apply for such an order in respect of the expected child within the time allowed by section 54A(2),
b
the expected child is being carried by the pregnant woman as a result of such procedure as is described in section 54A(1)(a),
c
the requirement in section 54A(1)(b) is satisfied by reference to the person, and
d
the person expects that he or she will satisfy the conditions in section 54A(3), (4) and (7) as regards the intended application.
10
In section 75A (ordinary adoption leave)21 for subsection (8) substitute—
8
The Secretary of State may by regulations provide for this section to have effect, with such modifications as the regulations may prescribe, in relation to—
a
cases which involve an employee who has applied, or intends to apply, with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 and a child who is, or will be, the subject of the order,
b
cases which involve an employee who has applied, or intends to apply, for a parental order under section 54A of that Act and a child who is, or will be, the subject of the order.
11
In section 75B (additional adoption leave)22 for subsection (9) substitute—
9
The Secretary of State may by regulations provide for this section to have effect, with such modifications as the regulations may prescribe, in relation to—
a
cases which involve an employee who has applied, or intends to apply, with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 and a child who is, or will be, the subject of the order,
b
cases which involve an employee who has applied, or intends to apply, for a parental order under section 54A of that Act and a child who is, or will be, the subject of the order.
12
In section 75D(1A)(a) (supplemental)23 after “order” insert “under section 54 or 54A of the Human Fertilisation and Embryology Act 2008”.
Family Law Act 199612
In section 63(2)(h) of the Family Law Act 1996 (interpretation)24 for “section 54” substitute “sections 54 and 54A”.
Employment Rights (Northern Ireland) Order 199613
1
The Employment Rights (Northern Ireland) Order 199625 is amended as follows.
2
Article 85ZE (right to time off to accompany to ante-natal appointments)26 is amended as follows.
3
Omit the “or” before paragraph (7)(e).
4
At the end of paragraph (7)(e) insert—
or
f
the person is a potential applicant for a parental order under section 54A of that Act in respect of the expected child.
5
After paragraph (10) insert—
10A
For the purposes of paragraph (7)(f) a person is a potential applicant for a parental order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of an expected child only if—
a
the person intends to apply for such an order in respect of the expected child within the time allowed by subsection (2) of that section,
b
the expected child is being carried by the pregnant woman as a result of such procedure as is described in subsection (1)(a) of that section,
c
the requirement in subsection (1)(b) of that section is satisfied by reference to the person, and
d
the person expects that he or she will satisfy the conditions in subsections (3), (4) and (7) of that section as regards the intended application.
6
Article 85ZG (right to time off to accompany to ante-natal appointments: agency workers)27 is amended as follows.
7
Omit the “or” before paragraph (7)(e).
8
At the end of paragraph (7)(e) insert—
, or
f
the person is a potential applicant for a parental order under section 54A of that Act in respect of the expected child.
9
After paragraph (10) insert—
10A
For the purposes of paragraph (7)(f) a person is a potential applicant for a parental order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of an expected child only if—
a
the person intends to apply for such an order in respect of the expected child within the time allowed by subsection (2) of that section,
b
the expected child is being carried by the pregnant woman as a result of such procedure as is described in subsection (1)(a) of that section,
c
the requirement in subsection (1)(b) of that section is satisfied by reference to the person, and
d
the person expects that he or she will satisfy the conditions in subsections (3), (4) and (7) of that section as regards the intended application.
10
For Article 107AC (ordinary adoption leave: power to apply to other cases)28 substitute—
107ACPower to apply Article 107A to other cases
The Department may by regulations provide for Article 107A to have effect, with such modifications as may be prescribed, in relation to—
a
cases which involve an employee who has applied, or intends to apply, with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 and a child who is, or will be, the subject of the order,
b
cases which involve an employee who has applied, or intends to apply, for a parental order under section 54A of that Act and a child who is, or will be, the subject of the order.
11
For Article 107BA (additional adoption leave: power to apply to other cases) substitute—
107BAPower to apply Article 107B to other cases
The Department may by regulations provide for Article 107B29 to have effect, with such modifications as may be prescribed, in relation to—
a
cases which involve an employee who has applied, or intends to apply, with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 and a child who is, or will be, the subject of the order,
b
cases which involve an employee who has applied, or intends to apply, for a parental order under section 54A of that Act and a child who is, or will be, the subject of the order.
12
In article 107D(1A)(a) (supplemental provision) after “order” insert “under section 54 or 54A of the Human Fertilisation and Embryology Act 2008”.
Family Homes and Domestic Violence (Northern Ireland) Order 199814
In article 2(3)(f) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (interpretation)30 for “section 54” substitute “sections 54 and 54A”.
Legal Aid, Sentencing and Punishment of Offenders Act 201215
In paragraph 12(9) of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (services which are civil legal services)31, in paragraph (o) of the definition of “family enactment”, for “section 54” substitute “sections 54 and 54A”.