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The Family Absence for Members of Local Authorities (Wales) Regulations 2013

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PART 4New adoption absence

Prescribed conditions

20.  For the purposes of section 27(1) of the Measure, the prescribed conditions are that the member—

(a)is married to, the civil partner or the partner of the child’s adopter;

(b)has, or expects to have, the main responsibility (apart from the responsibility of the adopter) for the upbringing of the child; and

(c)gives the head of democratic services written notice of the date the member intends the period of adopter’s absence to start.

Extent of entitlement to new adoption absence

21.—(1) A member’s entitlement to new adoption absence is two consecutive weeks.

(2) Where more than one child is placed with the member as part of the same arrangement, a member is entitled to new adoption absence only in respect of the first child placed with the member for adoption.

When new adoption absence may be taken

22.  New adoption absence may only be taken during the period—

(a)beginning with the date on which the child is placed with the child’s adopter; and

(b)ending 56 days after that date.

Cancelling new adoption absence

23.  The circumstances in which a member may cancel a period of new adoption absence are that—

(a)the period of new adoption absence has not yet started; and

(b)the member has notified the head of democratic services in writing of their intention to cancel the absence.

Member to choose start date of new adoption absence

24.  Provided that the period of new adoption absence will come to an end within the period prescribed by regulation 22, a member may choose the date on which their new adoption absence is to start.

Interpretation of this Part

25.—(1) In this Part—

“adopter” (“mabwysiadydd”) in relation to a child, means a person who has been matched with the child for adoption, or in a case where two people have been matched jointly, whichever of them has elected to be the child’s adopter for the purpose of Part 3 of these Regulations;

“adoption agency” (“asiantaeth fabwysiadu”) means a body which may be referred to as an adoption agency by virtue of section 2 of the Adoption and Children Act 2002;

“child” (“plentyn”) means a person who is, or when placed with an adopter for adoption was, under the age of eighteen;

(2) For the purposes of this Part 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, either individually or jointly with another person.

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