Approach Taken in the Act
This Act provides a mechanism whereby specific office holders (namely Ministers and certain members of Her Majesty’s Opposition) who wish to take maternity leave are able, subject to certain conditions and at the discretion of the Prime Minister or the Leader of the Opposition, to take up to six months leave at full pay, analogous to the situation applicable to the first six months of maternity leave for most Members of the Armed Forces and Civil Servants.
	In relation to Ministers, the objective of the Act is to enable any Minister (holding whichever office in the Government) to take a period of paid maternity leave, whilst remaining a member of the Government. It seeks to minimise any impact on wider constitutional issues by creating an ability to pay an allowance to a Minister appointed to the designated ministerial office as a ‘Minister on Leave’; and for that office not to count towards the statutory limits on ministerial salaries and numbers.
	A designation as a ‘Minister on Leave’ would automatically terminate after six months. An appointment to this office could be brought to an end sooner by either:
the individual being appointed to another ministerial office (including being appointed to their previous role);
the individual being dismissed (the prerogative power to dismiss Ministers is maintained); or
the individual resigning (e.g. as a result of losing their seat in an election held during the six month period, or if there was a change of Government).
	Except where the Minister is appointed to another ministerial role, the Minister would be entitled to retain the payment in respect of the remaining duration of the six month period. They would also be entitled to the standard loss of office payment, equivalent to three months’ salary, payable under section 4 of the Ministerial and other Pensions and Salaries Act 1991. Any residual payment would be made as a lump sum.
	The Act does not give or imply a right on the part of a Minister wishing to take maternity leave to be appointed as a Minister on Leave. Any appointment to such a role would remain a prerogative power on advice from the Prime Minister, as would appointment to the Minister's former ministerial office (or a new ministerial office) at the end of the maternity leave.
	The Act also covers the six Opposition offices whose salary is paid for under the ministerial salary legislation referred to above. They are the Leaders of the Opposition and the Chief Opposition Whips in each House, and two Assistant Opposition Whips in the House of Commons. To take account of the fact that such office holders are not appointed by the Prime Minister and do not have statutory functions, the Act adopts a different approach for these offices. The office holder who is to take maternity leave would stay in post and the Act instead authorises a payment to the person (at the discretion of the Leader of the Opposition in the relevant House) who covers their role, on similar terms as outlined above for Ministers. The arrangement may last for up to six months and the eligibility criteria are the same. There is no provision, on termination of the covering person’s appointment before the end of six months, for them to receive any lump sum (as they are providing cover rather than taking the time off).