The provisions relating to shared parental leave in Part 2 have effect only in relation to children whose expected week of birth begins on or after 5th April 2015.

The provisions relating to shared parental leave in Part 3 have effect only in relation to children placed for adoption on or after 5th April 2015.

Regulation 42 (protection from detriment) has effect only in relation to an act or failure to act which takes place on or after 1st December 2014.

Regulation 43 (unfair dismissal) has effect only in relation to dismissals where the effective date of termination (within the meaning of section 97 of the 1996 Act3) falls on or after 1st December 2014.

In these Regulations—

• “1992 Act” means the Social Security Contributions and Benefits Act 19924;

• “1996 Act” means the Employment Rights Act 1996;

• “A”, in relation to C, means the person with whom C is, or is expected to be, placed 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 purposes of the Paternity and Adoption Leave Regulations 20025;

• “adoption agency” has the meaning given, in relation to England and Wales, by section 2(1) of the Adoption and Children Act 20026 and, in relation to Scotland, by section 119(1) of the Adoption and Children (Scotland) Act 20077;

• “adoption pay period” means the period in which statutory adoption pay may be payable in respect of C;

• “allowance curtailment date” means the last day of M’s maternity allowance period where that period has been reduced under section 35(3A) of the 1992 Act8;

• “AP” means the person who at the date that C is placed for adoption is married to, or the civil partner or the partner of, A;

• “C” means the child in relation to whom an entitlement to shared parental leave arises;

• “expected week of birth” means the week, beginning with midnight between Saturday and Sunday, in which it is expected that C will be born;

• “leave curtailment date” means—

  1. a

     in Part 2, the last day of M’s statutory maternity leave period where that period has been curtailed under section 71(3)(ba) or 73(3)(a) of the 1996 Act9;

  2. b

     in Part 3, the last day of A’s statutory adoption leave period where that period has been curtailed under section 75A(2A)(a) or 75B(3)(aa) of the 1996 Act10;

• “M” means the mother (or expectant mother) of C;

• “maternity allowance” means a maternity allowance under section 35(1) of the 1992 Act11;

• “maternity allowance period” means the period referred to in section 35(2) of the 1992 Act12;

• “maternity pay period” has the meaning given by regulation 2 of the Statutory Maternity Pay (General) Regulations 198613;

• “P” means the father of C, or the person who at the date of C’s birth is married to, or the civil partner or the partner of, M;

• “partner” in relation to M or A, means a person (whether of a different sex or the same sex) who lives with M or A and with C in an enduring family relationship but is not M’s or A’s child, parent, grandchild, grandparent, sibling, aunt, uncle, niece or nephew;

• “pay curtailment date” means—

  1. a

     in Part 2, the last day of M’s maternity pay period where that period has been reduced under section 165(3A) of the 1992 Act14;

  2. b

     in Part 3, the last day of A’s adoption pay period where that period has been reduced under section 171ZN(2A)15;

• “period of leave notice” means a notice given in accordance with regulation 12 or 28;

• “placed for adoption” means—

  1. a

     placed for adoption under the Adoption and Children Act 2002 or the Adoption and Children (Scotland) Act 2007; or

  2. b

     placed in accordance with section 22C of the Children Act 198916 with a local authority foster parent who is also a prospective adopter;

• “processing”, in relation to information, has the meaning given by section 1(1) of the Data Protection Act 199817;

• “returned after being placed for adoption” means—

  1. a

     returned under sections 31 to 35 of the Adoption and Children Act 2002,

  2. b

     in Scotland, returned to the adoption agency, adoption society or nominated person in accordance with section 25(6) of the Adoption and Children (Scotland) Act 2007, or

  3. c

     where the child is placed in accordance with section 22C of the Children Act 1989, returned to the adoption agency following a termination of the placement;

• “revocation notice” means a notice given under section 71(3)(bb), 73(3)(aa), 75A(2A)(b), or 75B(3)(aa) of the 1996 Act18 or section 35(3D), 165(3D), or 171ZN(2D) of the 1992 Act19, as the case may be, which revokes a notice previously given under that section;

• “shared parental leave” means leave under section 75E or 75G of the 1996 Act;

• “statutory adoption leave” means ordinary adoption leave under section 75A of the 1996 Act or additional adoption leave under section 75B of that Act;

• “statutory adoption pay” has the meaning given in section 171ZL of the 1992 Act20;

• “statutory maternity leave” means ordinary maternity leave under section 71 of the 1996 Act or additional maternity leave under section 73 of that Act21;

• “statutory maternity pay” has the meaning given in section 164(1) of the 1992 Act; and

• “statutory shared parental pay” means any pay payable in accordance with the provisions of Part 12ZC of the 1992 Act22.

The reference to “local authority foster parent” in the definition of “placed for adoption” in paragraph (1) means a person approved as a local authority foster parent in accordance with regulations made by virtue of paragraph 12F of Schedule 2 to the Children Act 198928.

The reference to “prospective adopter” in the definition of “placed for adoption” in paragraph (1) means a person who has been approved as suitable to adopt a child and has been notified of that decision in accordance with regulation 30B(4) of the Adoption Agencies Regulations 200529.