OpenLegislation

Regulation 9 I1C1

England, Wales and Scotland

In regulation 8 (entitlement to paternity leave: adoption) of the Leave Regulations as they apply to F1section 54 parental order parents—

(a)

paragraph (1) shall read as if the words “the child’s adopter” were “Parent A”;

F2(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

paragraph (2)(b) shall read as if—

(i)

the words “the child’s adopter” were “Parent A”;

(ii)

the word “and” were omitted;

(d)

paragraph (2)(c) shall read as if—

(i)

the words “the adopter” were “Parent A”;

(ii)

the full stop were omitted;

(iii)

there were inserted after that paragraph—

“and

(d)

F3is a section 54 parental order parent of the child.”;

(e)

paragraph (4) shall read as if the words of that paragraph were—

“An employee shall be treated as having satisfied the condition in paragraph (2)(b) if he would have satisfied it but for the fact that Parent A has died.”;

(f)

paragraph (5) shall read as if the words of that paragraph were—

“An employee shall be treated as having satisfied the condition in paragraph (2)(c) if he would have satisfied it but for the fact that the child was stillborn after 24 weeks of pregnancy or has died.”

(g)

paragraph (6) shall read as if the words of that paragraph were—

“An employee’s entitlement to leave under this regulation shall not be affected by the birth or expected birth of more than one child as a result of the same pregnancy.”;

F4(h)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Words in reg. 9 inserted (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art. 1(1), Sch. 2 para. 9(10)(a)

F2

Reg. 9(b) omitted (18.2.2026 for specified purposes, 6.4.2026 in so far as not already in force) by virtue of The Employment Rights Act 2025 (Parental and Paternity Leave) (Removal of Qualifying Periods etc.) (Consequential Amendments) Regulations 2026 (S.I. 2026/15), regs. 1(2)(3), 8(a) (with reg. 3)

F3

Words in reg. 9(d)(iii) substituted (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art. 1(1), Sch. 2 para. 9(10)(b)

F4

Reg. 9(h) omitted (18.2.2026 for specified purposes, 6.4.2026 in so far as not already in force) by virtue of The Employment Rights Act 2025 (Parental and Paternity Leave) (Removal of Qualifying Periods etc.) (Consequential Amendments) Regulations 2026 (S.I. 2026/15), regs. 1(2)(3), 8(b) (with reg. 3)

Modifications

C1

Reg. 9 modified (18.2.2026) by The Employment Rights Act 2025 (Parental and Paternity Leave) (Removal of Qualifying Periods etc.) (Consequential Amendments) Regulations 2026 (S.I. 2026/15), regs. 1(2)(e), 9(1)(3)

Commencement

I1

Reg. 9 in force at 1.12.2014, see reg. 1