2021 No. 243 (W. 63)
The Family Absence for Members of Local Authorities (Wales) (Amendment) Regulations 2021
Made
Coming into force
The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by section 26(1), (2), (4) and (5)(a) of the Local Government (Wales) Measure 20111.
In accordance with section 172(2)(a)2 of that Measure, a draft of these Regulations was laid before, and approved by a resolution of, Senedd Cymru.
Title and commencement1
1
The title of these Regulations is the Family Absence for Members of Local Authorities (Wales) (Amendment) Regulations 2021.
2
These Regulations come into force on 1 April 2021.
Amendments to the Family Absence for Members of Local Authorities (Wales) Regulations 20132
1
The Family Absence for Members of Local Authorities (Wales) Regulations 20133 are amended as follows.
2
For regulation 14 substitute—
Prescribed conditions14
For the purposes of section 26(1) of the Measure, the prescribed conditions are that—
a
the member is the child’s adopter;
b
the member gives the head of democratic services written notice of—
i
the date the member intends the adopter’s absence to start; and
ii
the duration of the period of adopter’s absence the member intends to take, if less than 26 weeks;
c
where the member wishes to vary the start of the adopter’s absence which has been specified under paragraph (b)(i), the member gives the head of democratic services written notice of the new start date at least one week before the date specified under paragraph (b)(i), or at least one week before the new date, whichever is the earlier, or, if that is not reasonably practicable, as soon as is reasonably practicable; and
d
where the member wishes to vary the duration of the adopter’s absence, the member gives the head of democratic services written notice of the new duration at least one week before the expected end of the period of absence in accordance with the duration specified under paragraph (b)(ii), or at least one week before the new intended end of the period of absence, whichever is the earlier, or if that is not reasonably practicable, as soon as is reasonably practicable.
3
For regulation 15 substitute—
Period of adopter’s absence15
1
The period of adopter’s absence is 26 weeks, unless the member gives written notice under regulation 14(b)(ii), (d) or 17A that the period of adopter’s absence will be shorter than 26 weeks.
2
Where more than one child is placed with the member as part of the same arrangement, a member is entitled to adopter’s absence only in respect of the first child placed with the member for adoption.
4
For regulation 16 substitute—
When adopter’s absence may be taken16
Adopter’s absence may only be taken so as to begin either—
a
on the day on which the child is placed with the member for adoption; or
b
on any of the 14 days preceding that day.
5
For regulation 17 substitute—
Member to choose start date of adopter’s absence17
Subject to regulation 16, a member may choose the date on which their adopter’s absence is to start.
6
After regulation 17 insert—
Bringing a period of adopter’s absence to an end17A
A member may bring a period of adopter’s absence to an end earlier than the end of the period set out in regulation 15, which was notified under regulation 14(b)(ii) or varied under regulation 14(d) by notifying the head of democratic services in writing of their intention to do so at least 7 days before their return.
7
In regulation 38(1), after “maternity absence” insert “, adopter’s absence”.
(This note is not part of the Regulations)