Explanatory note

These Regulations amend the Paternity and Adoption Leave Regulations 2002 (S.I. 2002/2788) (“the Leave Regulations”). The Leave Regulations confer a right to take paternity leave and adoption leave in connection with the adoption of a child.

These Regulations amend the definition of matched for adoption and introduce a definition of “placed for adoption” in the Leave Regulations to include placement under section 22C of the Children Act 1989. They provide new rights to adoption leave to local authority foster parents who are prospective adopters if they have been notified that a child is to be placed with them under section 22C of the Children Act 1989 following consideration in accordance with section 22C(9B)(c) of that Act. The Regulations also provide new rights to paternity leave to the spouses, civil partners and partners of these prospective adopters.

Regulation 5 amends the Leave Regulations so that an employee cannot take paternity leave in relation to a child if they have already taken such leave in relation to that child.

Regulation 6 amends the Leave Regulations so an employee cannot take adoption leave in relation to a child if they have already taken such leave in relation to that child.

Regulation 7 amends the Leave Regulations so that an employee’s adoption leave may terminate early if the child’s placement in accordance with section 22C of the Children Act 1989 is terminated and the child is returned to the adoption agency.

A separate impact assessment has not been prepared for these Regulations. These Regulations are part of a package of legislative measures and the relevant impact assessment is the Modern Workplaces: shared parental leave and pay administration consultation - impact assessment which was published in February 2013. A copy of that impact assessment can be obtained from the Department for Business, Innovation and Skills, Labour Market Directorate, 1 Victoria Street, London, SW1H 0ET. Copies have also been placed in the libraries of both Houses of Parliament.