UKPGA-2023-18 — Carer’s Leave Act 2023

preamble

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

s. 1 — Carer’s leave

In the Schedule—

s. 1(a)

Part 1 creates a statutory entitlement to carer’s leave, and

s. 1(b)

Part 2 contains related amendments.

s. 2 — Power to make consequential provision

s. 2(1)

The Secretary of State may by regulations make provision that is consequential on this Act.

s. 2(2)

The regulations are to be made by statutory instrument.

s. 2(3)

A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

s. 3 — Extent, commencement and short title

s. 3(1)

An amendment or repeal made by the Schedule has the same extent as the provision to which it relates.

s. 3(2)

Otherwise, this Act extends to England and Wales, Scotland and Northern Ireland.

s. 3(3)

Section 1, section 2 and the Schedule come into force on such day as the Secretary of State may by regulations made by statutory instrument appoint; and different days may be appointed for different purposes.

s. 3(4)

This section comes into force on the day on which this Act is passed.

s. 3(5)

This Act may be cited as the Carer’s Leave Act 2023.

Sch 1

Carer’s leave

Sch 1

Carer’s leave

Sch 1 para 1

The Employment Rights Act 1996 is amended as follows.

Sch 1 para 2

After section 80I insert—

Sch 1 para 3

In section 236(3) (orders and regulations subject to affirmative procedure), after “80G,” insert “80J,”.

Sch 1

Further amendments to do with carer’s leave

Sch 1 para 4

The Employment Rights Act 1996 is amended as follows.

Sch 1 para 5

In section 47C (leave for family and domestic reasons), in subsection (2), after paragraph (bb) insert— .

Sch 1 para 6

In section 88 (liability of employer to pay employee during period of notice: employments with normal working hours), in subsection (1)(c), after “shared parental leave,” insert “carer’s leave,”.

Sch 1 para 7

In section 89 (effect of notice of termination: employments without normal working hours), in subsection (3)(b), after “shared parental leave,” insert “carer’s leave,”.

Sch 1 para 8

In section 99 (leave for family reasons), in subsection (3), after paragraph (bb) insert— .

Sch 1 para 9

In section 191 (Crown employment), in subsection (2)(c), for “8A,” substitute “8B,”.

Sch 1 para 10

In section 192 (armed forces), in subsection (2), after paragraph (c) insert— .

Sch 1 para 11

In section 194 (House of Lords staff), in subsection (2)(e), for “6A, 7, 8 and 8A” substitute “6A to 8B”.

Sch 1 para 12

In section 195 (House of Commons staff), in subsection (2)(e), for “6A, 7, 8 and 8A” substitute “6A to 8B”.

Sch 1 para 13

In section 199 (mariners)—

Sch 1 para 13(a)

in subsection (2), for “6A, 7, 8 and 8A” substitute “6A to 8B”;

Sch 1 para 13(b)

in subsection (8)(d), for “6A, 7, 8 and 8A” substitute “6A to 8B”.

Sch 1 para 14

In section 202 (national security), in subsection (2), after paragraph (e) insert— .

Sch 1 para 15

In section 205 (remedy for infringement of certain rights), in subsection (1), after “VIII,” insert “Part 8B,”.

Sch 1 para 16

In section 206 (institution or continuance of tribunal proceedings), in subsection (2), after paragraph (e) insert— .

Sch 1 para 17

In section 235 (definitions), in subsection (1)—

Sch 1 para 17(a)

at the appropriate place insert— ;

Sch 1 para 17(b)

in the definition of “week”, in paragraph (b), before “and 86” insert “, 80J”.

Sch 1 para 18

In Schedule 5 to the Income Tax (Earnings and Pensions) Act 2003 (enterprise management incentives), in paragraph 26(3)(b), after “shared parental leave,” insert “carer’s leave,”.