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The Employment Rights (Northern Ireland) Order 1996 (Application of Articles 107A, 107B, 107G, 107I, 112A and 112B to Parental Order Cases) Regulations (Northern Ireland) 2015

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Regulation 3

SCHEDULE 1

ProvisionModification

Article 107G

For sub-paragraph (b) of paragraph (1) substitute—

(b)as to being a person—

(i)on whose application the court has made a parental order in respect of a child, or

(ii)who is an intended parent of a child,.

For sub-paragraph (b) of paragraph (4) substitute—

(b)as to being a person—

(i)on whose application the court has made a parental order in respect of a child, or

(ii)who is an intended parent of a child,

(ba)as to relationship with the other person (“A”) on whose application the parental order was made or who is an intended parent of the child,.

After paragraph (6) insert—

(7) In this Article and Article 107I—

“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; and

“parental order” means an order under section 54(1) of the Human Fertilisation and Embryology Act 2008..

Article 107IIn sub-paragraph (a) of paragraph (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 sub-paragraph (b) of paragraph (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 sub-paragraph (b) of paragraph (14), for “placed for adoption as part of the same arrangement” substitute “born as a result of the same pregnancy”.

Regulation 4

SCHEDULE 2

ProvisionModification
Article 112A

After sub-paragraph (a) in paragraph (5) insert—

(aa)make provision excluding the right to be absent on leave under this Article in the case of an employee who satisfies—

(i)the conditions specified in regulations under Article 107A(1) or 112B(1), or

(ii)such of those conditions as are specified in regulations under paragraph (1);.

Article 112B

For sub-paragraph (b) of paragraph (1) (and the following “and”) substitute—

(b)as to being a person—

(i)on whose application the court has made a parental order in respect of a child, or

(ii)who is an intended parent of a child, and.

For sub-paragraph (c) of paragraph (1) substitute—

(c)as to relationship with the other person on whose application the parental order was made or who is an intended parent of the child,.

In paragraph (4), for “placement for adoption” substitute “birth”.
In sub-paragraph (a) of paragraph (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 sub-paragraph (aa) of paragraph (5)(1).
In sub-paragraph (c) of paragraph (5), for “placed for adoption as part of the same arrangement” substitute “born as a result of the same pregnancy”.

For paragraph (6) substitute—

(6) Where more than one child is born as a result of the same pregnancy, the reference in paragraph (4) to the date of the child’s birth shall be read as a reference to the date of birth of the first child born as a result of the pregnancy..

After paragraph (7) insert—

(7A) In this Article—

“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; and

“parental order” means an order under section 54(1) of the Human Fertilisation and Embryology Act 2008..

(1)

Article 112B(5)(aa) was inserted by 2015 c. 1 (N.I.), section 8(4).

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