Report of the nineteenth annual meeting of HEPA Europe and fourteenth conference of HEPA Europe: Leuven, Belgium, 11–13 September 2023
In the Social Security Contributions and Benefits Act 1992 (c. 4) (in this Act referred to as “SSCBA 1992”), in section 165(1) (which specifies the maximum period that may be prescribed as the period for which statutory maternity pay and, by virtue of section 35(2) of that Act, maternity allowance, is payable), for “26 weeks” substitute “ 52 weeks ”.
In section 171ZN(2) of SSCBA 1992 (which specifies the maximum period that may be prescribed as the period for which statutory adoption pay is payable), for “26 weeks” substitute “ 52 weeks ”.
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Section 80C of ERA 1996 (rights during and after paternity leave) is amended as follows.
In subsection (1) after “80A” insert “or 80AA”.
In subsection (2)—
after “80A” insert “or 80AA”, and
before paragraph (a) insert—.
In subsection (3), for the words from “as it applies” to the end substitute “or 80BB as it applies to regulations under section 80A or 80AA.”
In subsection (4)—
after “80B” insert “or 80BB”,
before paragraph (a) insert—, and
in paragraph (d), after “80A” insert “or 80AA”.
In subsections (6) and (7), for “section 80A or 80B” substitute “any of sections 80A to 80BB”.
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Schedule 1 (which contains further amendments relating to statutory leave and pay) has effect.
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Any reference to ordinary statutory paternity pay in any enactment (including this Act and any enactment amended by this Act) or any instrument or document is to be read, in relation to any time before the commencement of paragraphs 12 and 13 of Schedule 1, as a reference to statutory paternity pay.
Section 80F of ERA 1996 (statutory right to request contract variation) is amended as follows.
In subsection (1), for paragraph (b) substitute—
In subsection (2)(d), for the words from “child” to the end substitute “ child or other person to be cared for, the conditions as to relationship mentioned in subsection (1)(b)(i) or (ii) ”.
Omit subsections (3), (6) and (7).
After subsection (8) insert—
The Secretary of State may by regulations make provision conferring on workers the right, except in prescribed cases, to a prescribed amount of annual leave in each leave year, as defined for the purposes of the regulations.
The regulations may in particular—
make provision for determining the amount of annual leave to which workers are to be entitled;
make provision for determining the amount of pay in respect of any period of leave which is required by the regulations to be paid leave;
make provision enabling a worker to elect when to take leave to which he is entitled by virtue of the regulations, subject to any provision of the regulations enabling his employer to require him to take, or not to take, that leave at a particular time;
make provision for the payment of compensation in prescribed cases to a worker who has not taken leave to which he is entitled;
make provision as to the relationship between the rights conferred by the regulations and a worker's rights to leave, pay or compensation under any contract or under any Act or subordinate legislation;
enable a worker to present a complaint to an employment tribunal that his employer has refused to permit him to exercise any right he has under the regulations, or has failed to pay him any amount due to him under the regulations;
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Regulations under this section may make provision as to—
who is to be treated as a worker for the purposes of the regulations, and
who is to be treated as the worker's employer.
Regulations under this section may in particular—
make provision applying to—
Crown employment and persons in Crown employment;
service as a member of the armed forces;
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Regulations under this section may not make provision in relation to the subject-matter of the Agricultural Wages (Scotland) Act 1949 (c. 30) (as that Act had effect on 1st July 1999).
Regulations under this section—
are to be made by statutory instrument;
may make different provision for different cases;
may contain incidental, supplemental, consequential, transitional or saving provision, including provision amending any Act or subordinate legislation.
No statutory instrument containing regulations under this section may be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
In this section—
“SSCBA 1992” means the Social Security Contributions and Benefits Act 1992 (c. 4).
In section 27(1) of ERA 1996 (meaning of “wages” etc.), in paragraph (ca), for “statutory paternity pay” substitute “ ordinary statutory paternity pay or additional statutory paternity pay ”.
In section 47C of ERA 1996 (leave for domestic and family reasons), in subsection (2), for paragraph (ca) substitute—.
In section 71 of ERA 1996 (ordinary maternity leave), for subsection (3) substitute—
In section 73 of ERA 1996 (additional maternity leave), for subsection (3) substitute—
In section 75A of ERA 1996 (ordinary adoption leave), after subsection (2) insert—
In section 75B of ERA 1996 (additional adoption leave), for subsection (3) substitute—
In the heading to section 80A of ERA 1996 (entitlement to paternity leave: birth), after “to” insert “ ordinary ”.
In the heading to section 80B of ERA 1996 (entitlement to paternity leave: adoption), after “to” insert “ ordinary ”.
In section 80D of ERA 1996 (special cases), in subsection (1) for “80A or 80B” substitute “ 80A, 80AA, 80B or 80BB ”.
Section 80E of ERA 1996 (Chapter 3: supplemental) is amended as follows. For “section 80A or 80B”, wherever occurring, substitute “ any of sections 80A to 80BB ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 88 of ERA 1996 (employments with normal working hours) is amended as follows. In subsection (1)(c), for “paternity leave” substitute “ ordinary or additional paternity leave ”. In subsection (2), for “statutory paternity pay” substitute “ ordinary statutory paternity pay, additional statutory paternity pay ”.
Section 89 of ERA 1996 (employments without normal working hours) is amended as follows. In subsection (3)(b), for “paternity leave” substitute “ ordinary or additional paternity leave ”. In subsection (4), for “statutory paternity pay” substitute “ ordinary statutory paternity pay, additional statutory paternity pay ”.
In section 99 of ERA 1996 (leave for family reasons), in subsection (3), for paragraph (ca) substitute—.
In section 106 of ERA 1996 (replacements), in subsection (2)(a) after “adoption leave” insert “ or leave under section 80AA or 80BB (additional paternity leave) ”.
“ordinary or additional paternity leave” means leave under any of sections 80A to 80BB,
In section 236 of ERA 1996 (orders and regulations), in subsection (3) (affirmative procedure), for “80A, 80B, 80G” substitute “ 80A, 80AA, 80B, 80BB, 80G ”.
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“the armed forces” means any of the naval, military or air forces of the Crown;
Section 323 of the Proceeds of Crime Act 2002 (functions) is amended as follows. In subsection (1), for paragraph (g) substitute—. In subsection (4), for paragraph (d) substitute—. In subsection (5)(d), for “ “statutory paternity pay”” substitute “ “ ordinary statutory paternity pay ” and “ additional statutory paternity pay ””.
“the armed forces” means any of the naval, military or air forces of the Crown;
“Crown employment” has the meaning given by section 191(3) of ERA 1996;
In section 5 of the Social Security Administration Act 1992 (regulations about claims for and payments of benefit) in subsection (5) for “statutory paternity pay” substitute “ , ordinary statutory paternity pay, additional statutory paternity pay ”.
Section 8 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (decisions by officers of Revenue and Customs) is amended as follows. In subsection (1)— In subsection (3)(b), for “statutory paternity pay” substitute “ ordinary statutory paternity pay, additional statutory paternity pay ”.
In section 122AA(1) of the Social Security Administration Act 1992 (disclosure of contributions information by Her Majesty's Revenue and Customs), for “statutory paternity pay” substitute “ ordinary statutory paternity pay, additional statutory paternity pay ”.
In section 11(2)(a) of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (appeals against decisions of Her Majesty's Revenue and Customs), for “statutory paternity pay” substitute “ ordinary statutory paternity pay, additional statutory paternity pay ”.
In section 150 of the Social Security Administration Act 1992 (annual up-rating of benefits), in subsection (1)(j), after “171ZE(1)” insert “ , 171ZEE(1) ”.
In section 14 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (matters arising as respects decisions), in subsections (1)(a)(i) and (3), for “statutory paternity pay” substitute “ ordinary statutory paternity pay, additional statutory paternity pay ”.
In section 163(1) of the Social Security Administration Act 1992 (sums payable out of National Insurance Fund), in paragraph (d) for “or statutory paternity pay” substitute “ , ordinary statutory paternity pay or additional statutory paternity pay ”.
Section 165 of the Social Security Administration Act 1992 (adjustments between National Insurance Fund and Consolidated Fund) is amended as follows. In subsection (1)(b) (adjustments in respect of the operation of legislation relating to statutory sick pay, statutory maternity pay, statutory paternity pay and statutory adoption pay), for sub-paragraphs (iii) and (iv) substitute— In subsection (5)(a) (adjustments in respect of certain administrative expenses of the Board), for “statutory paternity pay” substitute “ ordinary statutory paternity pay, additional statutory paternity pay ”.
“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).
This section applies to the sums specified in the following provisions—
section 186(1)(a) and (b) of ERA 1996 (employee's rights on insolvency of employer: maximum amount payable);
section 227(1) of ERA 1996 (maximum amount of a week's pay for the purposes of certain provisions of the Act relating to awards of compensation and redundancy payments).
The Secretary of State may, on one occasion only, by order substitute for each of the sums mentioned in subsection (1) such higher sum as may be specified in the order.
An order under this section—
is to be made by statutory instrument;
may include transitional provision;
may exclude, on a single occasion specified in the order under this section, any duty to make an order under section 34 of the 1999 Act (indexation of certain amounts, &c), so far as relating to the sums mentioned in subsection (1).
Subject to any provision made under subsection (3)(c), this section does not affect the operation of section 34 of the 1999 Act in relation to the sums substituted by the order under this section in the provisions mentioned in subsection (1).
No statutory instrument containing an order under this section may be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
In this section “the 1999 Act” means the Employment Relations Act 1999 (c. 26).
The enactments specified in Schedule 2 are repealed to the extent specified.
In this Act—
“ERA 1996” means the Employment Rights Act 1996 (c. 18);
In section 1(5) of SSCBA 1992 (which provides for payment by way of additional contributions out of money provided by Parliament of an annual amount equal to statutory sick pay, statutory maternity pay, statutory paternity pay and statutory adoption pay recovered by employers and others), for “statutory paternity pay” substitute “ ordinary statutory paternity pay, additional statutory paternity pay ”.
In section 4(1) of SSCBA 1992 (payments treated as remuneration and earnings), in paragraph (a), for sub-paragraphs (iii) and (iv) substitute—.
In section 4C of SSCBA 1992 (power to make provision in consequence of provision made by or by virtue of section 4B(2)), in subsection (11), in the definition of “statutory payment”, for “statutory paternity pay” substitute “ ordinary statutory paternity pay, additional statutory paternity pay ”.
In section 35 of SSCBA 1992 (state maternity allowance), in subsection (3)(a) (power by regulations to prescribe cases in which a woman is disqualified from receiving a maternity allowance), for sub-paragraph (i) substitute—.
Section 165 of SSCBA 1992 (the maternity pay period) is amended as follows. For subsections (2) and (3) substitute— In subsection (4), at the beginning insert “ Except in such cases as may be prescribed, ”. After subsection (7) insert—
Section 166 of SSCBA 1992 (rate of statutory maternity pay) is amended as follows. After subsection (1) insert— After subsection (3) insert—
Section 171 of SSCBA 1992 (interpretation of Part 12) is amended as follows. In subsection (1), omit the definition of “week”. After that subsection insert—
For the heading to Part 12ZA of SSCBA 1992 (statutory paternity pay), substitute “ ORDINARY AND ADDITIONAL STATUTORY PATERNITY PAY ”.
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In section 171ZA of SSCBA 1992 (entitlement: birth), in subsections (1) and (4), for “statutory paternity pay” substitute “ ordinary statutory paternity pay ”.
In section 171ZB of SSCBA 1992 (entitlement: adoption), in subsections (1), (4) and (6), for “statutory paternity pay” substitute “ ordinary statutory paternity pay ”.
In section 171ZC of SSCBA 1992 (entitlement: general), for “statutory paternity pay” (wherever occurring) substitute “ ordinary statutory paternity pay ”.
Section 171ZD of SSCBA 1992 (liability to make payments) is amended as follows. In subsection (1), after “payments of” insert “ ordinary ”. In subsection (2)—
Section 171ZE of SSCBA 1992 (rate and period of statutory paternity pay) is amended as follows. For “statutory paternity pay”, wherever occurring, substitute “ ordinary statutory paternity pay ”. After subsection (10) insert—
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In section 171ZF of SSCBA 1992 (restrictions on contracting out), in subsection (2), for “statutory paternity pay” substitute “ ordinary statutory paternity pay or additional statutory paternity pay ”.
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Section 171ZJ of SSCBA 1992 (Part 12ZA: supplementary) is amended as follows. In subsection (5), for “section 171ZE” substitute “ sections 171ZE and 171ZEE ”. In subsection (10)(f), for “statutory paternity pay” substitute “ ordinary statutory paternity pay or additional statutory paternity pay ”.
Section 171ZN of SSCBA 1992 (rate and period of statutory adoption pay) is amended as follows. At the beginning of subsection (3) insert “ Except in such cases as may be prescribed, ”. After subsection (6) insert—
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In sub-paragraph (2) “week” means a period of seven days beginning with the day of the week on which the maternity pay period begins.
An Order in Council under paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) (legislation for Northern Ireland during suspension of devolved government) which contains a statement that it is made only for purposes corresponding to those of this Act—
is not subject to paragraph 2 of that Schedule (affirmative resolution of both Houses of Parliament), but
is subject to annulment in pursuance of a resolution of either House of Parliament.
There shall be paid out of money provided by Parliament—
any expenses incurred by a Minister of the Crown or government department under this Act, and
any increase attributable to this Act in the sums which under any other Act are payable out of money so provided.
There shall be paid into the Consolidated Fund any increase attributable to this Act in the sums payable into that Fund under any other Act.
Sections 16 to 18, this section and section 20 come into force on the day on which this Act is passed.
The other provisions of this Act come into force in accordance with provision made by the Secretary of State by order made by statutory instrument.
An order under this section—
may make different provision for different purposes;
may include supplementary, incidental, saving or transitional provisions.
This Act may be cited as the Work and Families Act 2006.
Subject to subsection (3), this Act extends to England and Wales and Scotland only.
The following provisions extend also to Northern Ireland—
this section and sections 17 to 19;
paragraphs 2, 45, 49, and 55 to 61 of Schedule 1, and section 11 so far as relating to those paragraphs;
the entry in Schedule 2 relating to the Income Tax (Earnings and Pensions) Act 2003 (c. 1), and section 15 so far as relating to that entry.
Section 11
In Schedule 5 to the Social Security Act 1989 (employment-related schemes for pensions and other benefits: equal treatment for men and women), paragraph 5A (unfair paternity leave provisions) is amended as follows. In sub-paragraph (3), for “or statutory paternity pay” substitute “ , ordinary statutory paternity pay or additional statutory paternity pay ”. In sub-paragraph (4), in the definition of “period of paid paternity leave”— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“Crown employment” has the meaning given by section 191(3) of ERA 1996;
In section 182 of the Finance Act 1989 (disclosure of information), in each of the following provisions— for “statutory paternity pay” substitute “ ordinary statutory paternity pay, additional statutory paternity pay ”.
subsection (1)(c),
subsection (2A)(a),
subsection (4)(c)(iii),
subsection (5)(b), and
subsection (11A),
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Section 7 of the Employment Act 2002 (funding of employers' liabilities) is amended as follows. In subsection (1), for “statutory paternity pay” substitute “ ordinary statutory paternity pay, additional statutory paternity pay ”. In subsection (2), for “statutory paternity pay”, in both places, substitute “ ordinary statutory paternity pay, additional statutory paternity pay ”. In subsection (3)—
In Schedule 1 to the Commissioners for Revenue and Customs Act 2005 (which lists former Inland Revenue matters), for paragraph 26 substitute—
In section 8 of the Employment Act 2002 (regulations about payment), for “statutory paternity pay”, wherever occurring, substitute “ ordinary statutory paternity pay, additional statutory paternity pay ”.
In section 10 of the Employment Act 2002 (powers to require information), for “statutory paternity pay”, in both places, substitute “ ordinary statutory paternity pay, additional statutory paternity pay ”.
In section 11 of the Employment Act 2002 (penalties: failure to comply), in subsection (6), for “statutory paternity pay” substitute “ ordinary statutory paternity pay, additional statutory paternity pay ”.
Section 12 of the Employment Act 2002 (penalties: fraud etc.) is amended as follows. In subsections (1) and (3), for “statutory paternity pay” substitute “ ordinary statutory paternity pay ”. In subsections (2) and (4), after “statutory adoption pay” insert “ or additional statutory paternity pay ”. In subsection (5), for “statutory paternity pay” substitute “ ordinary statutory paternity pay ”.
In section 13 of the Employment Act 2002 (supply of information held by Commissioners for Her Majesty's Revenue and Customs), in subsection (1) for “statutory paternity pay” substitute “ ordinary statutory paternity pay, additional statutory paternity pay ”.
In section 14 of the Employment Act 2002 (supply of information held by Secretary of State), for “statutory paternity pay”, in both places, substitute “ ordinary statutory paternity pay, additional statutory paternity pay ”.
In section 15 of the Employment Act 2002 (use of information by the Commissioners), in subsection (2)—
in paragraph (a), after “to” insert “ ordinary ”, and
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In section 55(8) of the Employment Act 2002 (references to statutory paternity pay or statutory adoption pay to include statutory pay under corresponding Northern Ireland legislation), for “statutory paternity pay” substitute “ ordinary statutory paternity pay, additional statutory paternity pay ”.
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Section 660 of the Income Tax (Earnings and Pensions) Act 2003 (taxable benefits: UK benefits) is amended as follows. Table A in subsection (1) is amended in accordance with sub-paragraphs (3) to (5). Additional statutory paternity pay SSCBA 1992 Section 171ZEA or 171ZEB Any provision made for Northern Ireland which corresponds to section 171ZEA or 171ZEB of SSCBA 1992. Ordinary statutory paternity pay SSCBA 1992 Section 171ZA or 171ZB Any provision made for Northern Ireland which corresponds to section 171ZA or 171ZB of SSCBA 1992. Omit the entry relating to statutory paternity pay. additional statutory paternity pay; ordinary statutory paternity pay; statutory adoption pay; statutory maternity pay;
Section 15 Short title and chapter Extent of repeal Social Security Contributions and Benefits Act 1992 (c. 4) In section 171(1), the definition of “week”. Employment Rights Act 1996 (c. 18) Section 80F(3), (6) and (7). Employment Act 2002 (c. 22) Section 6(2)(a). Section 18. In Schedule 7, paragraphs 3, 26(3), 33(3), 48(2) and 49(3). Income Tax (Earnings and Pensions) Act 2003 (c. 1) In section 660, in Table A in subsection (1), the entry relating to statutory paternity pay.