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Part 1GENERAL

Interpretation

3.—(1) In these Regulations—

“the Act” means the Employment Rights Act 1996;

“adopter” means a person the child has been placed with for adoption in accordance with the Adoption and Children Act 2002(1) or the Adoption and Children (Scotland) Act 2007(2);

“C” means the child in relation to whom an entitlement to neonatal care leave arises;

“intended parent” means a person who on the day of the child’s birth—

(a)

has applied, or intends to apply during the period of 6 months beginning with the day of the child’s birth—

(i)

with another person for an order under section 54 (parental orders: two applicants) of the Human Fertilisation and Embryology Act 2008(3) in respect of the child, or

(ii)

as the sole applicant for an order under section 54A (parental orders: on application) of that Act(4) in respect of the child, and

(b)

expects the court to make such an order on that application in respect of the child;

“overseas adopter” means a person—

(a)

with whom the child is living, following the child’s entry into 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, and

(b)

who has received official notification in respect of the child;

“partner” means a person (whether of a different sex or the same sex) who lives with P in an enduring family relationship but is not a relative of P of a kind specified in sub-paragraph (a)—

(a)

the relatives of P referred to are P's child, parent, grandchild, grandparent, sibling, aunt or uncle, niece or nephew;

(b)

references to relatives in sub-paragraph (a)—

(i)

are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for the adoption, and

(ii)

include the relationship of a child with their adoptive, or former adoptive, parents, but do not include any other adoptive relationships;

“prospective adopter” means a person—

(a)

who has been approved as suitable to adopt a child and has been notified of that decision in accordance with regulation 30B(4) of the Adoption Agencies Regulations 2005(5) or regulation 30B(4) of the Adoption Agencies (Wales) Regulations 2005(6), and

(b)

with whom the child has been placed, either—

(i)

in accordance with section 22C of the Children Act 1989 (ways in which looked after children are to be accommodated and maintained)(7) following consideration in accordance with subsection (9B)(c) of that section, or

“qualifying period” means any period of a week during which C receives neonatal care without interruption beginning(9)—

(a)

for the first qualifying period, on the day after the day on which the care starts and,

(b)

for a subsequent qualifying period, on the day after the end of the preceding qualifying period.

“statutory leave” means leave provided for in part 8 of the Act;

“tier 1 period” means the period beginning with the day C starts receiving neonatal care and ending with the 7th day after the day C stops receiving neonatal care;

“tier 2 period” means any period of time which is not a tier 1 period in which an employee is entitled to take leave in accordance with regulation 7(2).

(2) In this regulation—

“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;

“P” means the child’s mother or a person who is an adopter, prospective adopter or overseas adopter;

“relevant domestic authority” means—

(a)

in the case of an overseas adopter to whom the Adoptions with a Foreign Element Regulations 2005(10) apply and who is habitually resident in Wales, the Welsh Ministers;

(b)

in the case of an overseas adopter to whom the Adoptions with a Foreign Element (Scotland) Regulations 2009(11) apply and who is habitually resident in Scotland, the Scottish Ministers; and

(c)

in any other case, the Secretary of State.

(6)

S.I. 2005/1313 (W. 95) regulation 30B was inserted by S.I. 2020/163 (W. 31) and amended by S.I. 2013/985.

(7)

1989 c. 41. Section 22C was amended by section 8(1) of the Children and Young Persons Act 2008 (c. 23), paragraph 29(a) and (b) of Schedule 2 to, the Children and Families Act 2014 (c. 6), S.I. 2016/413 (W. 131), S.I. 2018/195 (W. 44).

(9)

A week is defined in section 80EF(9) of the Employment Rights Act 1996 as a period of 7 days.