Regulation 3 Interpretation

In these Regulations—

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

• “adopter” means a person who intends to adopt C;

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

• “intended parent” means a person who—

  1. (a)

     has applied, or intended to apply during the period of 6 months beginning with the day of C’s birth—

     1. (i)

        with another person for an order under section 54 (parental orders: two applicants) of the Human Fertilisation and Embryology Act 2008^f1 in respect of C, or

     2. (ii)

        as the sole applicant for an order under section 54A (parental orders: one applicant) of that Act^f2 in respect of C, and

  2. (b)

     expected the court to make such an order on that application in respect of C;

• “official notification” means written notification, issued by or on behalf of the relevant domestic authority, that it is prepared to issue a certificate to the overseas authority concerned with the adoption of C, or has issued a certificate and sent it to that authority, confirming, in either case, that the adopter is eligible to adopt and has been assessed and approved as being a suitable adoptive parent;

• “parental bereavement leave” means leave under regulation 4;

• “placed for adoption” means placed—

  1. (a)

     for adoption under the Adoption and Children Act 2002^f3 or the Adoption and Children (Scotland) Act 2007^f4,

  2. (b)

     in accordance with section 22C of the Children Act 1989^f5 (ways in which looked after children are to be accommodated and maintained) with a local authority foster parent who is also a prospective adopter, following consideration in accordance with subsection (9B)(c) of that section^f6, or

  3. (c)

     in accordance with section 81 of the Social Services and Well-being (Wales) Act 2014^f7 with a prospective adopter, following consideration in accordance with subsection (10) of that section;

• “prospective adopter” 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 2005^f8 or regulation 28(3) of the Adoption Agencies (Wales) Regulations 2005^f9;

• “relevant domestic authority” means—

  1. (a)

     in the case of an adopter to whom Part 3 of the Adoptions with a Foreign Element Regulations 2005^f10 apply and who is habitually resident in Wales, the National Assembly for Wales,

  2. (b)

     in the case of an adopter to whom the Adoptions with a Foreign Element (Scotland) Regulations 2009^f11 apply and who is habitually resident in Scotland, the Scottish Ministers, and

  3. (c)

     in any other case, the Secretary of State;

• “statutory leave” means leave provided for in Part 8 of the 1996 Act.