9th November 2014STATUTORY INSTRUMENTS
The Shared Parental Leave and Statutory Shared Parental Pay
(Consequential Amendments to Subordinate Legislation) Order
2014
9th November 2014Laid Before Parliament 10th November 2014
Coming into force in accordance with article 1(2) and (3)
The Secretary of State makes the following Order in exercise of the powers conferred by section 135(3) and 136(1) and (2) of the Children and Families Act 2014 (1).
1.—(1) This Order may be cited as the Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014.
(2) The provisions of this Order specified in article 37 come into force on 31st December 2014.
(3) The remaining provisions of this Order come into force on 5th April 2015.
Local Government Pension Scheme (Administration) (Scotland) Regulations 2008
19.—(1) The Local Government Pension Scheme (Administration) (Scotland) Regulations 2008 (19) is amended as follows.
(2) In regulation 15 (contributions during child related absence)—
(a) in paragraph (1), after “paternity” in both places where that word occurs insert “, shared parental”;
(b) in paragraph (4)(a) , after “or adoption leave ” insert “or shared parental leave”;
(c) in paragraph (5)—
(i) in sub-paragraph (a), at the end insert “or shared parental leave”;
(ii) in sub-paragraph (b), after “paternity” insert “, shared parental”;
(d) in paragraph (6)—
(i) for “Regulations 1999 or” substitute “ “Regulations 1999 ,”
(ii) at the end insert “or regulation 37 of the Shared Parental Leave Regulations 2014”;
(e) in paragraph (8) after “paternity” insert “, shared parental”;
(f) in paragraph (9)—
(i) for the defined expression ““period of maternity, paternity or adoption absence”” substitute ““period of maternity, paternity, shared parental or adoption absence””;
(ii) in that defined expression omit sub-paragraph (d);
(iii) at the end of that defined expression insert—
“(e) shared parental leave;”;
(iv) at the appropriate place there is inserted—
““shared parental leave” means leave under section 75E or 75G of the Employment Rights Act 1996;”;
(v) in the definition of “statutory pay” after “paternity” insert “, shared
parental”.
(3) In regulation 35 (employer’s contributions), in paragraph (6), in sub-paragraph (b), after “paternity” insert “, shared parental”.
35.—(1) The amendments made by this Order in those articles which come into force on 5th April 2015 in accordance with 1(3)(amendments relating to references to ordinary and additional paternity leave and to ordinary and additional statutory paternity pay) do not have effect in relation to—
(a) ordinary statutory paternity pay which is paid;
(b) additional statutory paternity pay which is paid;
(c) a period in respect of which additional statutory paternity pay is payable which begins, or continues;
(d) ordinary paternity leave which is taken; or
(e) additional paternity leave which is taken;
on or after 5th April 2015.
(2) In this article—
“additional paternity leave” means leave under section 80AA or 80BB of the Employment Rights Act 1996(35);
“additional statutory paternity pay” means pay under section 171ZEA or 171ZEB of the Social Security Contributionsand Benefits Act 1992 (36);
“ordinary paternity leave” means leave under section 80A or 80B of the Employment Rights Act 1996 (37);
“ordinary statutory paternity pay” means pay under section 171ZA or 171ZB of the Social Security Contributions and Benefits Act 1992 (38).
36. While Northern Ireland legislation contains provision corresponding to the provision in Part 12ZA of the Social Security Contributions and Benefits Act 1992 about additional statutory paternity pay as it had effect before the coming into force of paragraph (2) of section 125 (abolition of additional statutory paternity pay) of the Children and Families Act 2014 the reference to “statutory paternity pay” in—
(a) paragraph 4A of Schedule 9 to the Income Support (General) Regulations 1987 as amended by article 5(6)(b)(i) of this Order,
(b) paragraph 5 of Schedule 7 to the Jobseekers Allowance Regulations 1996 as amended by article 7(6)(b)(i),
(c) regulation 35(1)(i) and 36(3)(d) of the Housing Benefit Regulations 2006 as amended by article 17(5)(a)(i) and (6)(a),
(d) regulation 29(1)(j)(xvi) and 36(2)(d) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as amended by article 18(4)(a) and (7)(a),
(e) paragraph 16(1)(j)(xvi) of Schedule 1 to Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012 as amended by article 27(4)(a)(i),
is to be treated as including a reference to “ordinary statutory paternity pay” and “additional statutory paternity pay” and those terms must be construed in accordance with any Northern Ireland legislation which corresponds to Part 12ZA of the Social Security Contributions and Benefits Act 1992, as that Part had effect before the coming into force of section 125(2) of the Children and Families Act 2014.
Provisions coming into force on 31st December 2014
37. The provisions specified in article 1(2) are—
(a) this article;
(b) article 1;
(c) article 2;
(d) article 3;
(e) article 4;
(f) article 5(1), (2)(b), (3), (4) and (6)(a) and (b)(ii);
(g) article 6;
(h) article 7(1), (2)(c), (3), (4), (5) and (6)(a)(ii) and (iii) and (b)(ii);
(i) article 8;
(j) article 9;
(k) article 10(1), (2)(b), (3)(b), (4)(c) and (5);
(l) article 11(1), (2)(e) and (4);
(m) article 12(1), (2)(a)(iii) and (3)(b);
(n) article 15(1), (2)(a)(iii), (4) and (5);
(o) article 17(1), (2)(c), (3), (4)(a), (b), (c)(iii), (d)(ii) and (e)(ii), (5)(a)(ii) and (b), (6)(b) and (7);
(p) article 18(1), (2)(b), (3), (4)(c), (5)(a), (b), (c)(iii), (d)(ii) and (e)(ii), (6)(c) and (7)(b);
(q) article 19(1), (2)(a), (b), (c), (d), (e), (f)(i), (iii), (iv) and (v) and (3);
(r) article 20(1), (3)(c), (4), (6), (7), (8) and (9);
(s) article 21(1), (2)(c), (3)(a) and (4)(a)(i) and (b)(i);
(t) article 22(1), (2)(a)(i) and (b)(ii), (3)(a)(ii) and (b)(ii), (4)(b), (5)(a),(6)(b), (7)(b), (8)(b), (9)(b) and (10)(c) and (d);
(u) article 23(1), (2)(d), (3), (4)(a)(i) and (iv) and (b)(i) and (iii), (5)(b) and (c) and (6)(b);
(v) article 24(1), (2)(d)(i) and (iii), (3), (4)(b), (5)(a)(i) and (iv) and (b)(i) and (iv), (6)(b) and (7)(c);
(w) article 25(b);
(x) article 26(1) and (2)(c) and (d)(ii);
(y) article 27(1), (2)(b), (3), (4)(a)(iii), (b)(iii), (c), (d)(i) and (iv) and (e);
(z) article 28(1), (2)(c), (3)(c) and (4)(c) and (d);
(aa) article 29;
(bb) article 30(1), (3) and (4)(a);
(cc) article 31(1), (2)(b), (3)(b) and (4)(b)(ii), (c) and (d);
(dd) article 32(1), (2)(b)(i), (c)(ii) and (d), (3)(a), (4)(a), (5)(b), (6)(a), (7)(b), (8)(b), (9), (10)(b) and (11)(b);
(ee) article 33(1), (2)(c) and (3);
(ff) article 34(1), (2)(b)(ii) and (iii), (c)(iii) and (d), (3)(a)(i) and (b)(i) and 4(b);
(gg) article 35;
(hh) article 36.
Jo Swinson
Parliamentary Under Secretary for Employment Relations and Consumer Affairs
Department for Business, Innovation and Skills
9th December 2014
EXPLANATORY NOTE
(This note is not part of the Order)
This Order makes amendments to secondary legislation in consequence of Part 7 of the Children and Families Act 2014 which makes provision for new entitlements to shared parental leave and statutory shared parental pay in place of additional paternity leave and additional statutory paternity pay.
(1) 2014 c.6. Back
(19) S.S.I. 2008/228; amended by S.S.I. 2012/347 and 2014/233; there are other amending instruments but none is relevant. Back
(36) 1992 c.4; section 171ZEA and 171ZEB were inserted by the Work and Families Act 2006, section 7. Back
(37) Section 80A and 80B were inserted by the Employment Act 2002 (c.22), section 1. Back
(38) Section 171ZA and 171ZB were inserted by the Employment Act 2002, section 2. Back