Commentary on Sections Section 5 – Commencement
Section 5 specifies that parental bereavement leave and pay regulations under the provisions inserted by Sections 1 and 2 must come into operation by no later than, and apply in respect of children who die on or after, 6 April 2023.  Regulations providing for miscarriage leave and pay must come into operation by no later than, and apply in respect of miscarriages on or after, 6 April 2026.
Section 5 provides that commencement powers (for Part 2 of the Schedule (and section 4 in so far as it relates to that Part)) are also conferred upon the Department for Communities.  This is to allow for the fact that there are provisions (Article 68) within the Welfare Reform (NI) Order 2015 that make reference to a person’s entitlement to work, as it relates to family related statutory payments, that have yet to be commenced. Responsibility for commencing these provisions rest with the Department for Communities. Through giving the commencement powers for Part 2 of the Schedule (and section 4 in so far as it relates to that Part) to the Department for Communities, this enables the Department for Communities to commence this condition for the full range of family related statutory payments simultaneously, including parental bereavement leave and pay.
The Department that makes a commencement Order (under section 5(1) the Department for the Economy, and under section 5(2) the Department for Communities), may make transitory or transitional provisions, or savings.