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The Statutory Shared Parental Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 2015

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This is the original version (as it was originally made).

PART 3Statutory paternity pay and statutory adoption pay

12.  The Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 2002(1) are amended as follows.

13.—(1) Paragraph (2) of regulation 1 is amended as follows.

(2) For the definition of “adopter” substitute—

“adopter”, in relation to a child, means the person with whom a child is, or is expected to be, placed for adoption under the law of any part of the United Kingdom;.

(3) Before the definition of “serving member of the forces” insert—

“placed for adoption” means—

(a)

placed for adoption by virtue of regulation 12 of the Adoption Agencies Regulations (Northern Ireland) 1989;

(b)

placed by an authority with a person who is an approved foster parent who is also an approved prospective adopter where the authority—

(i)

is considering adoption for the child, or

(ii)

is satisfied that adoption is in the best interests of the child,

and is considering whether that person would be a suitable adoptive parent for that child;

(c)

placed for adoption under the Adoption and Children Act 2002 or the Adoption and Children (Scotland) Act 2007; or

(d)

placed in accordance with section 22C of the Children Act 1989 with a local authority foster parent who is also a prospective adopter;.

14.  For paragraph (3) of regulation 1 substitute—

(3) For the purposes of these Regulations—

(a)a person is matched with a child for adoption when an adoption agency decides that that person would be a suitable adoptive parent for the child;

(b)in a case where sub-paragraph (a) applies, a person is notified as having been matched with a child on the date that person receives notification of the agency’s decision, under regulation 11(2)(d) of the Adoption Agencies Regulations (Northern Ireland) 1989, regulation 33(3)(a) of the Adoption Agencies Regulations 2005, regulation 28(3) of the Adoption Agencies (Wales) Regulations 2005 or regulation 8(5) of the Adoption Agencies (Scotland) Regulations 2009;

(c)a person is also matched with a child where each of the following conditions is met—

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

(ii)the authority—

(aa)is considering adoption for the child, or

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

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

(d)in a case where sub-paragraph (c) applies, a person is notified as having been matched with a child on the date on which that person receives notification from the authority that the conditions in that sub-paragraph have been met;

(e)a person is also matched with a child for adoption when a decision has been made in accordance with regulation 22A of the Care Planning, Placement and Case Review (England) Regulations 2010 and an adoption agency has identified that person with whom the child is to be placed in accordance with regulation 12B of the Adoption Agencies Regulations 2005;

(f)in a case where sub-paragraph (e) applies, a person is notified as having been matched with a child on the date on which that person receives notification in accordance with regulation 12B(2)(a) of the Adoption Agencies Regulations 2005.

(3A) In this regulation “approved foster parent”, “approved prospective adopter” and “authority” have the same meaning as in section 167ZY(4) of the Act.

(3B) In paragraph (d) of the definition of “placed for adoption” in paragraph (2)—

“local authority foster parent” means a person approved as a local authority foster parent in accordance with regulations made by virtue of paragraph 12F of Schedule 2 to the Children Act 1989;

“prospective adopter” means a person who has been approved as suitable to adopt a child and has been notified of that decision in accordance with regulation 30B(4) of the Adoption Agencies Regulations 2005.

(3C) The reference to “adoption agency” in paragraph (3) has the meaning given—

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

(b)in relation to England and Wales, by section 2(1) of the Adoption and Children Act 2002; and

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

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