- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Shared Parental Leave and Paternity and Adoption Leave (Adoptions from Overseas) Regulations 2014 No. 3092
21.—(1) Paragraph 10 (entitlement in the event of disrupted placement or death) of the Schedule is modified as follows.
(2) For sub-paragraph (1) substitute—
“(1) Where after a notice of entitlement has been given under regulation 24—
(a)C dies, or
(b)regulation 28 of the Adoptions with a Foreign Element Regulations 2005 or regulation 31 of the Adoptions with a Foreign Element (Scotland) Regulations 2009 applies,
the modifications set out in paragraphs (3), (5) and (6) below apply in relation to the entitlement of A to shared parental leave after C dies or either of those regulations apply.”.
(3) For sub-paragraph (2) substitute—
“(2) Where after a notice of entitlement has been given under regulation 25—
(a)C dies, or
(b)regulation 28 of the Adoptions with a Foreign Element Regulations 2005 or regulation 31 of the Adoptions with a Foreign Element (Scotland) Regulations 2009 applies,
the modifications set out in paragraphs (4) to (6) below apply in relation to the entitlement of AP to shared parental leave after C dies or either of those regulations apply.”.
(4) For sub-paragraph (6) substitute—
“(6) In regulation 32, for paragraph (1) substitute—
“(1) After the date on which C dies or regulation 28 of the Adoptions with a Foreign Element Regulations 2005 or regulation 31 of the Adoptions with a Foreign Element (Scotland) Regulations 2009 applies, only one notice may be given under regulation 31.”.”.
(5) For sub-paragraph (7) substitute—
“(7) Where more than one child is adopted as a result of the same arrangement, a reference in this paragraph to the death of C or to the application of regulation 28 of the Adoptions with a Foreign Element Regulations 2005 or regulation 31 of the Adoptions with a Foreign Element (Scotland) Regulations 2009 must be construed as a reference to the last of those children to die or to the last of those children in relation to whom those regulations applied.”.
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