Adoptive Leave Act 1995
Interpretation.
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;
F2["Act of 2010" means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;]
F1["adoption order" means an adoption order within the meaning of section 3 (1) of the Adoption Act 2010;]
F3["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);]
F3["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);]
F4[…]
F4[…]
“adopting parent” means F5[qualifying adopter or surviving parent];
“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;
F2["civil partner" shall be construed in accordance with section 3 of the Act of 2010;]
F2["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 the Adoption Act 2010;]
“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;
F2["couple", in relation to the definition of "qualifying adopter", means a married couple, a couple who are civil partners of each other or a cohabiting couple;]
“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;
F4[…]
“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;
F6["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 F5[Minister for Children, Equality, Disability, Integration and Youth;]
F7["parent's leave" has the same meaning as it has in the Parent’s Leave and Benefit Act 2019;]
F8[“paternity leave” and “transferred paternity leave” have the same meanings as they have in the Paternity Leave and Benefit Act 2016;]
F9["postponed leave" has the meaning assigned to it by section 11C(2)(c);]
“prescribed” means prescribed by order or regulation under this Act;
F2["qualifying adopter" means—
(a) where a child is placed, or is to be placed, in the care of a couple (of whom neither is the mother or father of the child), with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption, the member of the couple who is—
(i) an employee, and
(ii) chosen by the couple to be the qualifying adopter for the purposes of this Act,
(b) in any other case, an employee, who is not a surviving parent in relation to the child, 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;]
F10[…]
F4[…]
“the successor” has the meaning assigned to it by section 18;
F2["surviving parent" means 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 his or her spouse, civil partner or cohabitant, as the case may be, was the qualifying adopter in relation to the child and the qualifying adopter concerned has died;]
“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 F11[a member of staff of an education and training board] shall be deemed to be an employee employed by the authority F11[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 F12[his or her] wages shall be deemed to be F12[his or her] employer.
F13[(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
Inserted (1.04.2021) by Family Leave and Miscellaneous Provisions Act 2021 (4/2021), s. 5(a), S.I. No. 148 of 2021.
F3
Substituted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 2(a)(i), S.I. No. 724 of 2005.
F4
Deleted (1.04.2021) by Family Leave and Miscellaneous Provisions Act 2021 (4/2021), s. 7 and sch. items 1-4, S.I. No. 148 of 2021.
F5
Substituted (1.04.2021) by Family Leave and Miscellaneous Provisions Act 2021 (4/2021), s. 5(b), (c), S.I. No. 148 of 2021.
F6
Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 157(a)(ii), S.I. No. 511 of 2010.
F7
Inserted (1.11.2019) by Parent’s Leave and Benefit Act 2019 (35/2019), s. 36(a), S.I. No. 629 of 2019.
F8
Inserted (1.08.2016) by Paternity Leave and Benefit Act 2016 (11/2016), s. 35(a), S.I. No. 435 of 2016.
F9
Inserted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 2(a)(iii), S.I. No. 724 of 2005.
F10
Deleted (1.11.2010) by Adoption Act 2010 (21/2010), s. 157(a)(iii), S.I. No. 511 of 2010.
F11
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.
F12
Substituted (1.04.2021) by Family Leave and Miscellaneous Provisions Act 2021 (4/2021), s. 7 and sch. item 5, S.I. No. 148 of 2021.
F13
Inserted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 2(b), S.I. No. 724 of 2005.
F14
Inserted by Children and Family Relationships Act 2015 (9/2015), s. 177(a)(i), not commenced as of date of revision.
F15
Substituted by Children and Family Relationships Act 2015 (9/2015), s. 177(a)(ii)-(iv), not commenced as of date of revision.
F16
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.
F14["Act of 2010" means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;]
F14["Act of 2015" means the Children and Family Relationships Act 2015;]
...
F15["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;]
F15["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;]
...
F14["civil partner" shall be construed in accordance with section 3 of the Act of 2010;]
...
F14["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;]
...
F15["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;]
...
F14["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;]
...
F14["qualifying adopter" shall be construed in accordance with subsection (1A)(b) (inserted by section 177 of the Act of 2015);]
...
F16[(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.]
C5
Functions transferred and references construed (14.10.2020) by Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.
Note change of name of Department and title of Minister to Department of and Minister for Children, Equality, Disability, Integration and Youth made (15.10.2020) by Children and Youth Affairs (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 437 of 2020), in effect as per art. 1(2).
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Children and Youth Affairs.
(2) References to the Department of Justice and Equality contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Children and Youth Affairs.
3. (1) The functions vested in the Minister for Justice and Equality -
(a) by or under the enactments specified in Schedule 1, and
...
are transferred to the Minister for Children and Youth Affairs.
...
(3) References to the Minister for Justice and Equality contained in any Act or instrument made under such Act, and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Children and Youth Affairs.
SCHEDULE 1
Article 3(1)(a)
Enactments, functions by or under which are transferred from the Minister for Justice and Equality to the Minister for Children and Youth Affairs
Adoptive Leave Acts 1995 and 2005
...
Editorial Notes:
E6
Previous affecting provision: definition of Minister amended (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 2(a)(ii), S.I. No. 724 of 2005; substituted as per F-note above.