Explanatory note

Part 2 of these Regulations amends the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations (S.I. 2002/2822) (“the Pay Regulations”) to make provision for a new right to statutory adoption pay for 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 amendments made also make provision for new rights to statutory paternity pay to the spouses, civil partners and partners of these prospective adopters.

Part 3 of these Regulations make provision for an entitlement to statutory adoption pay and statutory paternity pay (adoption) in respect of cases which involve a person who has applied with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008. Under that section a court may make an order providing for a child of a surrogate mother to be treated as the child of the applicants if certain conditions are satisfied.

Part 3 should be read in conjunction with the Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA, 12ZB and 12ZC to Parental Order Cases) Regulations 2014 (S.I. 2014/2866). This Part should also be read in conjunction with the Pay Regulations which this Part applies with modifications.

Part 4 amends to Statutory Paternity Pay and Statutory Adoption Pay (Administration) Regulations 2002 (S.I. 2002/2820) (“the Administration Regulations”) in order to cater for the situation where statutory paternity pay or statutory adoption pay is paid to local authority foster parents who are prospective adopters.

Part 5 modifies the Administration Regulations in a case where statutory paternity pay or statutory adoption pay is paid to a person who has applied with another person for a parental order.

A separate impact assessment has not been prepared for these Regulations. The 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, I Victoria Street, London SW1H 0ET. Copies have also been placed in the libraries of both Houses of Parliament.