The Shared Parental Leave and Paternity and Adoption Leave (Adoptions from Overseas) Regulations (Northern Ireland) 2015

PART 4 Amendments to the PAL (Adoption from Overseas) Regulations

22.  The PAL (Adoption from Overseas) Regulations are amended as follows.

23.  In regulation 4 (interpretation), in paragraph (2)—

(a) in sub-paragraph (a), for “and” substitute a semi-colon;

(b) after sub-paragraph (a), insert—

“(ab) for the definition of “child”, substitute—

““child” means a person who enters Northern Ireland from outside the United Kingdom in connection with or for the purposes of adoption which does not involve the placement of the person for adoption under the law of any part of the United Kingdom and who was under the age of 18 at the time of entry into Northern Ireland;”;”;

(c) in sub-paragraph (b)—

(i) at the end of the definition of “adoption from overseas”, insert a semi-colon;

(ii) at the end of the definition of “enter Northern Ireland”, insert a semi-colon;

(iii) at the end of the definition of “official notification”, insert a semi-colon;

(iv) at the end of the definition of “relevant domestic authority”, for the full stop substitute a semi-colon;

(v) for the definition of “shared parental leave”(1), substitute—

““shared parental leave” means leave under Article 107G of the 1996 Order;”.

24.  In regulation 7 (entitlement to paternity leave: adoption from overseas), in substituted regulation 8—

(a) in paragraph (1), for “An” substitute “Subject to paragraph (1A), an”; and

(b) after paragraph (1), insert—

“(1A) An employee is not entitled to be absent from work under paragraph (1) if the employee has taken shared parental leave in respect of the child.”.

25.  In regulation 9 (entitlement to ordinary adoption leave: adoption from overseas), in substituted regulation 15—

(a) in paragraph (1), for “An” substitute “Subject to paragraph (1A), an”;

(b) for sub-paragraph (a) in paragraph (1), substitute—

“(a) is the child’s adopter; and”;

(c) after paragraph (1), insert—

“(1A) An employee is not entitled to be absent from work under paragraph (1) if the employee has taken shared parental leave in respect of the child.”; and

(d) omit paragraphs (2) and (3).

(1)

Definition previously inserted by S.R. 2015 No. 87.