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Explanatory Note

(This note is not part of the Regulations)

These Regulations amend provisions relating to adoption leave in the Paternity and Adoption Leave Regulations 2002 (“the Principal Regulations”). Regulation 3 removes the provision enabling an employer to request the name and date of birth of a child in respect of whom leave is taken (regulation 17(3) of the Principal Regulations). Regulation 4 amends regulation 27 of the Principal Regulations to provide that all terms and conditions applying in relation to an employee returning to work from adoption leave, not just those relating to remuneration, are not less favourable than those which would have applied if the employee had not been absent.

A Regulatory Impact Assessment of the estimated costs and benefits of these and other technical amendments proposed to the paternity and adoption pay and leave schemes has been prepared by the Department of Trade and Industry and has been placed in the Libraries of both Houses of Parliament. Copies are available to the public free of charge from Employment Relations Directorate, Room UG129, Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET and on the DTI website at www.dti.gov.uk.