Regulation 10 Entitlement to additional paternity leave (adoptions from overseas) in the event of the death of the adopter

(1)

In a case where A has died before the end of the period of twelve months beginning with the date of C entering Great Britain, the provisions in regulations 4 to 9 shall apply with the following modifications.

(2)

In regulation 4 (entitlement to additional paternity leave (adoptions from overseas))—

(a)

paragraph (1)(b) shall apply as if the references in that paragraph—

(i)

to regulation 6 were references to regulation 12;

(ii)

to regulation 7 were references to regulation 13;

(b)

paragraph (1)(c) shall be replaced by—

“(c)
C’s adopter (“A”) satisfied, before A’s death, one or more of the conditions specified in paragraph (4)(a) (or would have satisfied such conditions but for the fact that A has died”).”

(c)

the condition in paragraph (2)(c) shall be taken to be satisfied if it would have been satisfied but for the fact that A has died; and

(d)

the requirement in paragraph (4)(b) shall be omitted.

(3)

Regulations 5 (options in respect of leave) shall be replaced by regulation 11.

(4)

Regulation 6 (notice and evidential requirements for leave) shall be replaced by regulation 12.

(5)

Regulation 7 (variation or cancellation of leave) shall be replaced by regulation 13.

(6)

Regulations 8 and 9 apply as if the references in those regulations—

(a)

to regulation 6(1) were references to regulation 12(1);

(b)

to regulation 6(5) were references to regulation 12(7);

(c)

to regulation 7(1) were references to regulation 13(2); and

(d)

to regulation 7(2) were references to regulation 13(3).