Regulation 4 InterpretationI1
England, Wales and Scotland
Regulation 2 of the Leave Regulations shall be modified in accordance with the following paragraphs of this regulation.
In paragraph (1),
for the definition of “adopter”, substitute—
““adopter”, in relation to a child, means a person by whom the child has been or is to be adopted or, in a case where the child has been or is to be adopted by two people jointly, whichever of them has elected to take adoption leave in respect of the child;”
for the definition of “child”, substitute—
““child” means a person who enters Great Britain from outside the United Kingdom in connection with or for the purposes of adoption which does not involve the placement of the person for adoption under the law of any part of the United Kingdom and who was under the age of 18 at the time of entry into Great Britain;”and
in the appropriate places in alphabetical order insert—
““adoption from overseas” means the adoption of a child who enters Great Britain from outside the United Kingdom in connection with or for the purposes of adoption which does not involve the placement of the child for adoption under the law of any part of the United Kingdom;”
““enter Great Britain” means enter Great Britain from outside the United Kingdom in connection with or for the purposes of adoption, and cognate expressions shall be construed accordingly;”
““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 the child, 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;” and
““relevant domestic authority” means—
(a)in the case of an adopter to whom the F2Adoptions with a Foreign Element Regulations 2005 apply and who is habitually resident in Wales, the National Assembly for Wales;
(b)in the case of an adopter to whom the F3Adoptions with a Foreign Element (Scotland) Regulations 2009 apply and who is habitually resident in Scotland, the Scottish Ministers; and
(c)in any other case, the Secretary of State;”
“ F4“shared parental leave” means leave under section 75G of the 1996 Act. ”.
For paragraph (4) substitute—
“(4)For the purposes of these Regulations, in a case where a child is to be adopted by two people jointly, a person elects to be a child’s adopter, if he and the other person agree, at the time when the official notification is received, that he and not the other person will be the adopter.”
Annotations
Textual amendments
- F1
Reg. 4(2)(ab) inserted (5.4.2015) by The Shared Parental Leave and Paternity and Adoption Leave (Adoptions from Overseas) Regulations 2014 (S.I. 2014/3092), regs. 1, 23(a)
- F2
Words in reg. 4(2)(b) substituted (5.4.2015) by The Shared Parental Leave and Paternity and Adoption Leave (Adoptions from Overseas) Regulations 2014 (S.I. 2014/3092), regs. 1, 23(b)(i)
- F3
Words in reg. 4(2)(b) substituted (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 2 para. 8
- F4
Words in reg. 4(2)(b) inserted (5.4.2015) by The Shared Parental Leave and Paternity and Adoption Leave (Adoptions from Overseas) Regulations 2014 (S.I. 2014/3092), regs. 1, 23(b)(ii)
Commencement
- I1
Reg. 4 in force at 6.4.2003, see reg. 1