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3(1)Paragraph 5B (schemes that contain unfair adoption leave provisions) is amended as follows.
(2)In sub-paragraph (4) (definitions), in the definition of “period of paid adoption leave”, in paragraph (a), for “or (6)” there is substituted “, (6), (7) or (8)”.
(3)After sub-paragraph (6) there is inserted—
“(7)This sub-paragraph applies if—
(a)the member’s absence from work is due to the placement or expected placement of a child under section 22C of the Children Act 1989, and
(b)in relation to that child, the member satisfies the condition in section 171ZL(2)(a) of the Social Security Contributions and Benefits Act 1992, as modified by section 171ZL(9) of that Act (cases involving the placing of a child by a local authority in England with a local authority foster parent who has been approved as a prospective adopter).
(8)This sub-paragraph applies if—
(a)the member’s absence from work is due to the birth or expected birth of a child, and
(b)in relation to that child, the member satisfies the condition in section 171ZL(2)(a) of the Social Security Contributions and Benefits Act 1992, as applied by virtue of section 171ZT(2) of that Act (cases involving applicants for parental orders under section 54 of the Human Fertilisation and Embryology Act 2008).”
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