Adoptive Leave Act 1995

Interpretation.

2

2. (1) In this Act, except where the context otherwise requires—

F1 [ accredited body means a body of persons whose name is entered in the register of accredited bodies maintained under Part 13 of the Adoption Act 2010; ]

the Act of 1967” means the Redundancy Payments Act, 1967;

the Act of 1977” means the Unfair Dismissals Act, 1977;

F1 [ adoption order means an adoption order within the meaning of section 3 (1) of the Adoption Act 2010; ]

F2 [ adoptive leave has, subject to subsection (2A), the meaning assigned to it by section 6(1) or, as the case may be, section 9(1); ]

F2 [ additional adoptive leave has, subject to subsection (2A), the meaning assigned to it by section 8(1) or, as the case may be, section 10(1); ]

adopting father” means a male employee in whose care a child has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption, where the adopting mother has died;

adopting mother” means a woman, including an employed adopting mother, in whose care a child (of whom she is not the natural mother) has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption;

adopting parent” means employed adopting mother, adopting father or sole male adopter;

associated employer” shall be construed in accordance with section 19 (3) ;

F1 [ Authority has the meaning assigned to it by section 3 (1) of the Adoption Act 2010; ]

certificate of placement” has the meaning assigned to it by section 13 ;

contract of employment” means, subject to subsection (2)

( a) a contract of service or apprenticeship, or

( b) any other contract whereby an individual agrees with a person, who is carrying on the business of an employment agency within the meaning of the Employment Agency Act, 1971, and is acting in the course of that business, to do or perform personally any work or service for another person (whether or not that other person is a party to the contract),

whether the contract is express or implied and if express, whether it is oral or in writing;

day of placement” means—

( a) the day on which the child is placed physically in the care of the adopting parent with a view to the making of an adoption order, or

( b) the day on which the child is placed physically in the care of the adopting parent with a view to the effecting of a foreign adoption, or

( c) in the case of a foreign adoption, where the child has not previously been placed in the care of the adopting parent, the day on which the child has been so placed following the adoption;

employed adopting mother” means a female employee in whose care a child (of whom she is not the natural mother) has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption;

employee”, subject to subsection (2), means (except in Part IV ) a person who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment;

employer”, subject to subsection (2), means, in relation to an employee, the person with whom the employee has entered into, or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment;

F3 [ foreign adoption means an intercountry adoption effected outside the State within the meaning of section 3 (1) of the Adoption Act 2010; ]

health board” means a health board established pursuant to the Health Act, 1970;

the Minister” means the F2 [ Minister for Justice, Equality and Law Reform ];

F4 [ parent s leave has the same meaning as it has in the Parent s Leave and Benefit Act 2019; ]

F5 [ paternity leave and transferred paternity leave have the same meanings as they have in the Paternity Leave and Benefit Act 2016; ]

F6 [ postponed leave has the meaning assigned to it by section 11C(2)(c) ; ]

prescribed” means prescribed by order or regulation under this Act;

F7 [ ]

sole male adopter” means a male employee who is not an adopting father within the meaning of this Act and in whose sole care a child has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption;

the successor” has the meaning assigned to it by section 18 ;

the Tribunal” means the Employment Appeals Tribunal.

(2) For the purposes of this Act—

( a) a person holding office under, or in the service of, the State (including a member of the Garda Síochána or the Defence Forces) or otherwise as a civil servant, within the meaning of the Civil Service Regulation Act, 1956, shall be deemed to be an employee employed by the State or Government, as the case may be, under a contract of service;

( b) an officer or servant of a local authority, for the purposes of the Local Government Act, 1941, a harbour authority, a health board or F8 [ a member of staff of an education and training board ] shall be deemed to be an employee employed by the authority F8 [ or board ], as the case may be, under a contract of service; and

( c) in relation to an employee whose contract of employment falls (or, where the employment has ceased, fell) within paragraph (b) of the definition of “ contract of employment” in subsection (1), the person who is liable to pay her wages shall be deemed to be her employer.

F9 [ (2A) In this Act, except where the context otherwise requires, references to a period of adoptive leave or additional adoptive leave are references to

( a ) in case part of such leave is postponed under section 11C, the part already taken or the part postponed, as appropriate, or

( b ) in any other case, a continuous such period, whether or not so postponed. ]

(3) In this Act, a reference to a Part or section is to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended.

(4) In this Act, a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(5) In this Act, a reference to any enactment includes a reference to that enactment as amended by any other enactment including this Act.

Annotations:

Amendments:

F1

Inserted (1.11.2010) by Adoption Act 2010 (21/2010), s. 157(a)(i), S.I. No. 511 of 2010.

F2

Substituted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 2(a), S.I. No. 724 of 2005.

F3

Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 157(a)(ii), S.I. No. 511 of 2010.

F4

Inserted (1.11.2019) by Parent’s Leave and Benefit Act 2019 (35/2019), s. 36(a), S.I. No. 629 of 2019.

F5

Inserted (1.08.2016) by Paternity Leave and Benefit Act 2016 (11/2016), s. 35(a), S.I. No. 435 of 2016.

F6

Inserted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 2(a)(iii), S.I. No. 724 of 2005.

F7

Deleted (1.11.2010) by Adoption Act 2010 (21/2010), s. 157(a)(iii), S.I. No. 511 of 2010.

F8

Substituted (1.07.2013) by Education and Training Boards Act (11/2013), s. 72(1) and sch. 6 item 19, S.I. No. 211 of 2013.

F9

Inserted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 2(b), S.I. No. 724 of 2005.

F10

Inserted by Children and Family Relationships Act 2015 (9/2015), s. 177(a)(i), not commenced as of date of revision.

F11

Substituted by Children and Family Relationships Act 2015 (9/2015), s. 177(a)(ii)-(iv), not commenced as of date of revision.

F12

Inserted by Children and Family Relationships Act 2015 (9/2015), s. 177(b), not commenced as of date of revision.

Modifications (not altering text):

C3

Prospective affecting provision: functions transferred and Employment Appeals Tribunal construed by Workplace Relations Act 2015 (16/2015), s. 66, not commenced as of date of revision.

Transfer of functions from Employment Appeals Tribunal

66.(1) (a) All functions that, immediately before the dissolution day, were vested in the Employment Appeals Tribunal are transferred to the Commission in so far as they relate to any claim for redress, dispute or complaint determined by the Employment Appeals Tribunal under an employment enactment before that day.

(b) All functions that, immediately before the dissolution day, were vested in the Employment Appeals Tribunal are transferred to the Labour Court in so far as they relate to appeals determined by the Employment Appeals Tribunal under an employment enactment before that day.

(2) (a) References in any enactment or instrument under an enactment to the Employment Appeals Tribunal in so far as they relate to a function transferred by paragraph (a) of subsection (1) shall be construed as references to the Commission.

(b) References in any enactment or instrument under an enactment to the Employment Appeals Tribunal in so far as they relate to a function transferred by paragraph (b) of subsection (1) shall be construed as references to the Labour Court.

(3) This section shall come into operation on the dissolution day.

C4

Prospective affecting provision: subs. (1) amended by insertion and substitution of definitions and subs. (1A) inserted by Children and Family Relationships Act 2015 (9/2015), s. 177, not commenced as of date of revision.

F10 [ Act of 2010 means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ; ]

F10 [ Act of 2015 means the Children and Family Relationships Act 2015; ]

...

F11 [ adopting father , subject to subsection (1A)(a) (inserted by section 177 of the Act of 2015), means a male employee in whose care a child has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption, where the adopting mother has died; ]

F11 [ adopting mother , subject to subsection (1A)(a) (inserted by section 177 of the Act of 2015), means a woman, including an employed adopting mother, in whose care a child (of whom she is not the natural mother) has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption; ]

...

F10 [ civil partner shall be construed in accordance with section 3 of the Act of 2010; ]

...

F10 [ cohabitant shall be construed in accordance with section 172(1) of the Act of 2010;

cohabiting couple has the same meaning as it has in section 3(1) (amended by section 102 of the Act of 2015) of the Adoption Act 2010 ; ]

...

F11 [ employed adopting mother , subject to subsection (1A)(a) (inserted by section 177 of the Act of 2015), means a female employee in whose care a child (of whom she is not the natural mother) has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption; ]

...

F10 [ employed qualifying adopter means an employee who is a qualifying adopter in whose care a child (being a child in respect of whom neither the qualifying adopter, nor the civil partner or cohabitant of that qualifying adopter, is the natural mother) has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption; ]

...

F10 [ qualifying adopter shall be construed in accordance with subsection (1A)(b) (inserted by section 177 of the Act of 2015); ]

...

F12 [ (1A) (a) In this Act

(i) a reference to adopting father shall be construed as including the civil partner or cohabitant of the qualifying adopter where the civil partner or cohabitant, as the case may be, is an employee in whose care a child has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption, where the qualifying adopter has died,

(ii) a reference to adopting mother shall be construed as including the qualifying adopter in whose care a child (being a child in respect of whom neither the qualifying adopter, nor the civil partner or cohabitant of that qualifying adopter, is the natural mother) has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption, and

(iii) a reference to employed adopting mother shall be construed as including an employed qualifying adopter.

(b) For the purposes of this Act, where a couple are civil partners of each other or are a same sex cohabiting couple and the couple are jointly adopting a child, or have jointly adopted a child, the qualifying adopter is

(i) where the couple are civil partners of each other, the civil partner chosen by that couple to be that qualifying adopter, or

(ii) where the couple are a cohabiting couple, the cohabitant chosen by that couple to be that qualifying adopter. ]