The Statutory Paternity Pay and Statutory Adoption Pay (Parental Orders and Prospective Adopters) Regulations (Northern Ireland) 2015

PART 4 AMENDMENT OF THE ADMINISTRATION REGULATIONS

25.  In regulation 11 (provision of information relating to entitlement to statutory paternity pay or statutory adoption pay) of the Administration Regulations—

(a) for paragraph (4), substitute—

“(4) For the purposes of paragraph (3)(b)(ii), an adopter is notified as having been matched with a child—

(a) on the date that person receives notification of the adoption agency’s decision, under regulation 11(2)(d) of the Adoption Agencies Regulations (Northern Ireland) 1989(1), regulation 33(3)(a) of the Adoption Agencies Regulations 2005(2), regulation 28(3) of the Adoption Agencies (Wales) Regulations 2005(3) or regulation 8(5) of the Adoption Agencies (Scotland) Regulations 2009(4);

(b) on the date on which that person receives notification from the authority that the following conditions have been net—

(i) that the person is an approved foster parent and an approved prospective adopter, and the child is, or is expected to be, placed by the authority(5) with that person under Article 27(2)(a) of the Children (Northern Ireland) Order 1995(6);

(ii) the authority—

(aa) is considering adoption for the child; or

(bb) is satisfied that adoption is in the best interests of the child, and

(iii) the authority is considering whether that person would be a suitable adoptive parent for that child; or

(c) on the date on which that person receives notification in accordance with regulation 12B(2)(a) of the Adoption Agencies Regulations 2005.”;

(b) after paragraph (4) insert—

“(5) In this regulation “adoption agency” has the meaning given—

(a) in relation to Northern Ireland, by Article 3(3) of the Adoption (Northern Ireland) Order 1987(7),

(b) in relation to England and Wales, by section 2 of the Adoption and Children Act 2002(8); and

(c) in relation to Scotland, by section 119(1) of the Adoption and Children (Scotland) Act 2007(9).”

(1)

S.R. 1989 No. 253.

(2)

S.I. 2005/389, amended by S.I. 2014/1556; there are other amending instruments but none is relevant.

(3)

S.I. 2005/1313.

(4)

S.S.I. 2009/154.

(5)

“Approved foster parent”, “approved prospective adopter” and “authority” are defined, in relation to statutory paternity pay: adoption and statutory adoption pay, respectively, in section 167ZBA(5) and 167ZLA(5) of 1992 c. 7, as inserted by 2015 c. 1 (N.I.), section 9(2) and (4)

(6)

S.I. 1995 775 (N.I. 2).

(7)

1987 No. 2203 (N.I. 22): Article 3(3) was amended by S.I. 1994/429 (N.I.2).

(8)

2002 c.38.

(9)

2007 asp 4.