Regulation 3 InterpretationI1

In these Regulations—

• “the 1996 Order” means the Employment Rights (Northern Ireland) Order 1996;

• “adopter” means a person who intends to adopt C and to whom the Intercountry Adoption (Hague Convention) Regulations (Northern Ireland) 2003^f1 apply;

• “approved foster parent” means a person approved as a foster parent by the authority under regulation 3 of the Foster Placement (Children) Regulations (Northern Ireland) 1996^f2;

• “approved prospective adopter” means a person considered by the authority by virtue of the Adoption Agencies Regulations (Northern Ireland) 1989^f3 to be a person suitable to adopt a child;

• “authority” has the same meaning as in the Children (Northern Ireland) Order 1995^f4;

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

• F1“the first day of bereavement” means—

  1. (a)

     the date of C’s death, or

  2. (b)

     the date that S experienced the miscarriage or became aware that she had experienced a miscarriage.

• “intended parent” means a person who—

  1. (aa)

     F2but for the occurrence of a miscarriage, would have intended to meet the requirements of sub-paragraphs (a) and (b);

  2. (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^f5 in respect of C; or

     2. (ii)

        as the sole applicant for an order under section 54A(parental orders: one applicant) of that Act^f6 in respect of C; and

  3. (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—

  1. (a)

     placed for adoption by virtue of regulation 12 of the Adoption Agencies Regulations (Northern Ireland) 1989^f7;

  2. (b)

     placed by an authority with a person who is an approved foster parent who is also an approved prospective adopter where the authority—

     1. (i)

        is considering adoption for C, or

     2. (ii)

        is satisfied that adoption is in the best interests of C,

     and is considering whether that person would be a suitable adoptive parent for C;

  3. (c)

     placed for adoption under the Adoption and Children Act 2002^f8 or the Adoption and Children (Scotland) Act 2007^f9;

  4. (d)

     placed in accordance with section 22C of the Children Act 1989^f10 (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^f11; or

  5. (e)

     placed in accordance with section 81 of the Social Services and Well-being (Wales) Act 2014^f12 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^f13 or regulation 28(3) of the Adoption Agencies (Wales) Regulations 2005^f14;

• “relevant domestic authority” means—

  1. (a)

     in the case of an adopter to whom the Intercountry Adoption (Hague Convention) Regulations (Northern Ireland) 2003 apply, the Department of Health^f15; and

  2. (b)

     in any other case, the Central Authority designated in accordance with Article 6 of the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at the Hague on 29th May 1993;

• F3“S” means a woman who has experienced a miscarriage;

• “statutory leave” means leave provided for in Part 9 of the 1996 Order.

The Interpretation Act (Northern Ireland) 1954^f16 applies to these Regulations as it applies to an Act of the Assembly (but see regulations 16 to 21); and the Interpretation Act 1978^f17 shall not apply.