The Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) (Amendment) Regulations 2014 No. 2857


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Statutory Instruments

2014 No. 2857

Terms And Conditions Of Employment

The Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) (Amendment) Regulations 2014

Made

20th October 2014

Laid before Parliament

28th October 2014

Coming into force

19th November 2014

This instrument contains only regulations made by virtue of, or consequential upon, section 119(1) of the Children and Families Act 2014(1) and is made before the end of the period of 6 months beginning with the coming into force of that enactment(2).

The Secretary of State, in exercise of the powers conferred by section 171ZZ5(1) of the Social Security Contributions and Benefits Act 1992(3), makes the following Regulations.

Citation and commencement

1.  These Regulations may be cited as the Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) (Amendment) Regulations 2014 and come into force on 19th November 2014.

Amendments to the Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) Regulations 2003

2.  The Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) Regulations 2003(4) are amended as follows.

3.  In the title, for "and 12ZB" substitute ", 12ZB and 12ZC".

4.  In regulation 1(1), for "and 12ZB" substitute ", 12ZB and 12ZC".

5.  After regulation 3 insert-

"Application of Part 12ZC of the Act to adoptions from overseas

4.  Part 12ZC of the Act shall apply in relation to adoptions from overseas, with the modifications of section 171ZV of the Act(5) specified in the second column of Schedule 3.".

6.  After Schedule 2, insert new Schedule 3 contained in the Schedule to these Regulations.

Jo Swinson

Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs

Department for Business, Innovation and Skills

20th October 2014

Regulation 6

SCHEDULE

Regulation 4

"SCHEDULE 3Application of Part 12ZC of the Act to adoptions from overseas

ProvisionModification
Section 171ZVIn subsection (1), for "with whom a child is, or is expected to be, placed for adoption under the law of any part of the United Kingdom" substitute "by whom a child is, or is expected to be, adopted from overseas".
In paragraph (g) of subsection (2), for "placement for adoption of the child" substitute "adoption of the child from overseas".
In paragraph (a) of subsection (4), for "with whom a child is, or is expected to be, placed for adoption under the law of any part of the United Kingdom" substitute "by whom a child is, or is expected to be, adopted from overseas".
In paragraph (h) of subsection (4), for "placement for adoption of the child" substitute "adoption of the child from overseas".
In subsection (16), for "placement for adoption" substitute "adoption from overseas".

After subsection (16) insert-

"(16A) For the purposes of this section, a person adopts a child from overseas if the person adopts 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.".

Omit subsection (17).
Omit subsection (18)."

EXPLANATORY NOTE

(This note is not part of these Regulations)

These Regulations amend the Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) Regulations 2003. The amendments made by these Regulations apply Part 12ZC (Statutory Shared Parental Pay) of the Social Security Contributions and Benefits Act 1992, as modified by these Regulations, to adoptions from overseas, which are adoptions of children who enter Great Britain from outside the United Kingdom in connection with, or for the purposes of, adoption which does not involve the placement of a child for adoption under the law of any part of the United Kingdom.

An impact assessment has not been prepared for these Regulations. These 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, 1 Victoria Street, London, SW1H 0ET. Copies have also been placed in the libraries of both Houses of Parliament.

(2)

See section 173(5) of the Social Security Administration Act 1992 (c. 5). Pursuant to section 172 of that Act, where the Secretary of State proposes to make regulations under the Social Security Contributions and Benefits Act 1992 (c. 4), the Secretary of State is required to refer such proposals, normally in the form of draft regulations, to the Social Security Advisory Committee. This requirement does not apply where the regulations are contained in a statutory instrument made before the end of a period of six months beginning with the coming into force of the enactments by virtue or as a consequence of which the regulations are being made.

(3)

1992 c. 4. Section 171ZZ5(1) was inserted by the Children and Families Act 2014, section 119(1).

(5)

Section 171ZV was inserted by the Children and Families Act 2014, section 119(1).


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