The Family Absence for Members of Local Authorities (Wales) (Amendment) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Family Absence for Members of Local Authorities (Wales) Regulations 2013 (S.I. 2013/2901 (W. 280)) (“the 2013 Regulations”).

The 2013 Regulations make available to members of local authorities entitlements to periods of family absence. There are five types of family absence: maternity absence; newborn absence; adopter’s absence; new adoption absence and parental absence.

Regulation 2 of these Regulations substitutes various regulations in the 2013 Regulations as follows.

Regulation 2(2) substitutes a new regulation 14, which prescribes conditions that a member must satisfy in order to qualify for adopter’s absence. It also makes provision about how the duration of adopter’s absence or the date on which adopter’s absence begins may be varied.

Regulation 2(3) substitutes a new regulation 15, which provides that the period of adopter’s absence is 26 weeks unless the member provides written notice to the contrary (under regulation 14) or brings the period of adopter’s absence to an end (under regulation 17A).

Regulation 2(4) substitutes a new regulation 16 which makes provision about when the period of adopter’s absence may start.

Regulation 2(5) substitutes a new regulation 17 which provides that, subject to regulation 16, a member of a local authority (as defined in section 33 of the Local Government (Wales) Measure 2011) may choose when their adopter’s absence is to start.

Regulation 2(6) inserts a new regulation 17A which makes provision about how a member of a local authority can bring their adopter’s absence to an end earlier than the end of the period specified in regulation 15, which was notified under regulation 14(b)(ii) or varied under regulation 14(d).

Regulation 2(7) amends regulation 38 so that it applies to adopter’s absence. As a result, a member of a local authority may attend meetings and perform duties in accordance with that regulation.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Local Government Strategic Finance Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.