5. In regulation 8 (entitlement to paternity leave: adoption)—
(a)in paragraph (1), for “An” substitute “Subject to paragraph (1A), an”;
(b)after paragraph (1) insert—
“(1A) An employee is not entitled to be absent from work under paragraph (1) if the employee—
(a)has taken any shared parental leave in respect of the child;
(b)has exercised a right to take time off under Article 85ZJ of the 1996 Order in respect of the child; or
(c)has already taken paternity leave in relation to the child as a result of the child being placed with a prospective adopter who is at the time of the placement the employee’s spouse, civil partner or partner.”.