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The Adoption and Children Act 2002 (Consequential Amendment to Statutory Adoption Pay) Order 2006

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2006, ISBN 0110747739

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 140(3)(c) of the Adoption and Children Act 2002, for approval by resolution of each House of Parliament.

TERMS AND CONDITIONS OF EMPLOYMENT

Made 2006

Coming into force 1st October 2006

The Secretary of State makes the following Order in exercise of the powers conferred by sections 140(7) and 142(1) of the Adoption and Children Act 2002f1 (“the Act”).

A draft of this Order has been laid before Parliament in accordance with section 140(3)(c) of the Act and approved by resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2002 c. 38.

Contents

  1. 1Citation and commencement
  2. 2Application
  3. 3Social Security Contributions and Benefits Act 1992
  4. Signature
  5. Explanatory note

1Citation and commencement

This Order may be cited as the Adoption and Children Act 2002 (Consequential Amendment to Statutory Adoption Pay) Order 2006 and shall come into force on 1st October 2006.

2Application

(1)

The amendment to the Social Security Contributions and Benefits Act 1992f1 provided for in this Order shall have effect only in relation to a person with whom a child is expected to be placed for adoption, where the placement is expected to occur on or after 1st October 2006.

(2)

For the purposes of paragraph (1), the date on which the child is actually placed for adoption is immaterial.

3Social Security Contributions and Benefits Act 1992

Section 171ZL of the Social Security Contributions and Benefits Act 1992 is amended as follows—

(a)

in subsection (4) for paragraph (b) substitute—

“(b)

he falls within subsection (4A).”;

(b)

after subsection (4) insert—

“(4A)

A person falls within this subsection if—

(a)

the child is, or is expected to be, placed for adoption with him as a member of a couple;

(b)

the other member of the couple is a person to whom the conditions in subsection (2) above apply; and

(c)

the other member of the couple has elected to receive statutory adoption pay.

(4B)

For the purposes of subsection (4A), a person is a member of a couple if—

(a)

in the case of an adoption or expected adoption under the law of England and Wales, he is a member of a couple within the meaning of section 144(4) of the Adoption and Children Act 2002f1;

(b)

in the case of an adoption or an expected adoption under the law of Scotland or of Northern Ireland, he is a member of a married couple.”.

Signature

Parliamentary Under Secretary of State

Department of Trade and Industry

Date

Explanatory note

(This note is not part of the Order)

This Order makes a consequential amendment to the Social Security Contributions and Benefits Act 1992 (“the 1992 Act”) which is necessary following the coming into force of the Adoption and Children Act 2002 (“the 2002 Act”).

Section 171ZL of the 1992 Act is amended to provide that in England and Wales a person may not elect to receive statutory adoption pay where a child is placed or about to be placed with him as a member of a couple and his partner satisfies the entitlement conditions for statutory adoption pay and has elected to receive it. “Couple” is defined in section 144(4) of the 2002 Act as a married couple, two people who are civil partners of each other or two people (whether of different sexes or of the same sex) living as partners in an enduring family relationship.