Citation, commencement and extent

1.—(1) These Regulations may be cited as the Statutory Paternity Pay and Statutory Adoption Pay (Parental Orders and Prospective Adopters) (Amendment) Regulations 2024.

(2) These Regulations come into force on 26th August 2024.

(3) These Regulations extend to England and Wales and Scotland.

Interpretation

2.  In these Regulations, the “ 2014 Regulations” means the Statutory Paternity Pay and Statutory Adoption Pay (Parental Orders and Prospective Adopters) Regulations 2014( 3).

Application

3.  The amendments made byregulation 5(2)and(3)apply only in relation to children whose expected week of birth begins after 28th September 2024.

Amendment to regulation 11 of the 2014 Regulations

4.  In regulation 11 of the 2014 Regulations( 4), omit paragraph (b).

Amendments to regulation 14 of the 2014 Regulations

5.—(1) Regulation 14 of the 2014 Regulations( 5) is amended as follows.

(2) For paragraph (ca) substitute—

“(ca) paragraph (5) shall apply as if—

(i) in the opening words, after “statutory paternity pay (adoption)” the words “at least 28 days before” were inserted;

(ii) sub-paragraphs (a) and (b) were omitted and replaced by—

“(a) the first day of the expected week of the child’s birth, where the option in regulation 12(1)(a) is chosen;

(b) the date falling the specified number of days after the first day of the expected week of the child’s birth, where the option in regulation 12(1)(b) is chosen;

(c) the predetermined date, where the option in regulation 12(1)(c) is chosen;

or, in a case where it was not reasonably practicable for the person to provide it in that period, as soon as is reasonably practicable. ” ; ”.

(3) In paragraph (cb), for “the date referred to in paragraph (5)(a)”, substitute “the date provided under paragraph (2)(c) above as the date on which the child is expected to be placed for adoption”.

(4) In paragraph (d), before “birth” insert “child’s”.

Explanatory Note

(This note is not part of the Regulations)

These Regulations correct drafting errors in the amendments that were made to the Statutory Paternity Pay and Statutory Adoption Pay (Parental Orders and Prospective Adopters) Regulations 2014 (“ the 2014 Regulations”) by the Statutory Paternity Pay (Amendment) Regulations 2024.

The 2014 Regulations apply, with modifications, the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 to ‘parental order parents’ (those who have applied or intend to apply for a parental order under the Human Fertilisation and Embryology Act 2008).

Regulation 4 amends regulation 11 of the 2014 Regulations so that a parental order parent may choose for statutory paternity pay (adoption) to be paid in respect of two non-consecutive weeks or in respect of a single period of one or two weeks.

Regulation 5 amends regulation 14 of the 2014 Regulations to provide the timescales for giving notice stating the week or weeks in respect of which payments of statutory paternity pay (adoption) are to be made and the timescales for varying that notice.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.