Adoption and Children Act (Northern Ireland) 2022

The Employment Rights (Northern Ireland) Order 1996

46.  In Article 85ZJ (right to paid time off to attend adoption appointments) in paragraph (13) for “for the purposes of the Adoption (Northern Ireland) Order 1987 (see Articles 2(2) and 3(3) of the Order)” substitute “within the meaning of section 2(2) of the Adoption and Children Act (Northern Ireland) 2022”.

47.—(1) Article 85ZS (entitlement: prospective adopters with whom looked after children are placed) is amended as follows.

(2) In paragraph (1)—

(a) for the words “an approved foster parent and an approved prospective adopter” substitute “approved as an authority foster parent and approved as a prospective adopter”;

(b) omit “who is looked after by it”;

(c) omit “, in the circumstances mentioned in paragraph (2),”;

(d) for “Article 27(2)(a)” substitute “Article 27”.

(3) Omit paragraph (2).

(4) In paragraph (3), for the words from “references” in the first place it occurs to the end substitute

“—

(a) references to adoption or placement for adoption were references to placement of a child under Article 27 of the Children (Northern Ireland) Order 1995 with a person who is approved as an authority foster parent and who is approved as a prospective adopter;

(b) references to placing for adoption were references to placing a child under Article 27 of the Children (Northern Ireland) Order 1995 with a person who is approved as an authority foster parent and who is approved as a prospective adopter;

(c) references to an adoption agency were references to an authority.”.

(5) In paragraph (4), for “as referred to in paragraphs (1) and (2)” substitute “under Article 27 of the Children (Northern Ireland) Order 1995 with a person who is approved as an authority foster parent and approved as a prospective adopter”.

(6) In paragraph (5)—

(a) for the definitions of “approved foster parent” and “approved prospective adopter” substitute—

““approved as an authority foster parent” and approved as a prospective adopter” have the meanings given by Article 27(9D) of the Children (Northern Ireland) Order 1995;”;

(b) omit the definition of “child who is looked after by an authority”.

(7) Omit paragraph (6).

48.—(1) Article 107AB (ordinary adoption leave: prospective adopters with whom looked after children are placed) is amended as follows.

(2) In paragraph (1)—

(a) in sub-paragraph (a) for “an approved foster parent” substitute “approved as an authority foster parent”;

(b) in sub-paragraph (b) for “an approved prospective adopter” substitute “approved as a prospective adopter”;

(c) in sub-paragraph (c)—

(i) omit “who is looked after by it”;

(ii) for “Article 27(2)(a)” substitute “Article 27”;

(iii) omit “, in the circumstances mentioned in paragraph (2)”.

(3) Omit paragraph (2).

(4) In paragraph (3)—

(a) for the definitions of “approved foster parent” and “approved prospective adopter” substitute—

““approved as an authority foster parent” and “approved as a prospective adopter” have the meanings given by Article 27(9D) of the Children (Northern Ireland) Order 1995;”;

(b) omit the definition of “child who is looked after by an authority”.

(5) Omit paragraph (4).

49.—(1) Article 107H (entitlement to shared parental leave: prospective adopters with whom looked after children are placed) is amended as follows.

(2) In paragraph (1)—

(a) omit “who is looked after by an authority and”;

(b) for “the authority” substitute “an authority”;

(c) for “Article 27(2)(a)” substitute “Article 27”;

(d) omit “, in the circumstances mentioned in paragraph (2),”;

(e) for “an approved foster parent who is also an approved prospective adopter” substitute “a person who is approved as an authority foster parent and approved as a prospective adopter”.

(3) Omit paragraph (2).

(4) In paragraph (3), for “such references as may be specified” substitute “references to being placed under Article 27 of the Children (Northern Ireland) Order 1995 with a person who is approved as an authority foster parent and approved as a prospective adopter”.

(5) In paragraph (4)—

(a) for ““approved foster parent”, “approved prospective adopter”,” substitute ““approved as an authority foster parent”, “approved as a prospective adopter” and”;

(b) omit “and “child who is looked after by an authority””.

50.—(1) Article 112BA (entitlement to paternity leave: prospective adopters with whom looked after children are placed) is amended as follows.

(2) In paragraph (1)—

(a) omit “who is looked after by an authority and”;

(b) for “the authority” substitute “an authority”;

(c) for “Article 27(2)(a)” substitute “Article 27”;

(d) omit “, in the circumstances mentioned in paragraph (2),”;

(e) for “an approved foster parent who is also an approved prospective adopter” substitute “a person who is approved as an authority foster parent and approved as a prospective adopter”.

(3) Omit paragraph (2).

(4) In paragraph (3), for “such references as may be specified” substitute “references to being placed under Article 27 of the Children (Northern Ireland) Order 1995 with a person who is approved as an authority foster parent and approved as a prospective adopter”.

(5) In paragraph (4)—

(a) for ““approved foster parent”, “approved prospective adopter”,” substitute ““approved as an authority foster parent”, “approved as a prospective adopter” and”;

(b) omit “and “child who is looked after by an authority””.