
1 

(1) These Regulations may be cited as the Statutory, Maternity Pay (National Health Service Employees) Regulations 1991 and shall come into force on 1st April 1991.
(2) In these Regulations, a “health authority” shall in relation to England and Wales have the same meaning it has in section 128(1) of the National Health Service Act 1977, and in relation to Scotland mean the health board within the meaning of section 2 of the National Health Service (Scotland) Act 1978.
2 
Where, in consequence of the establishment of one or more National Health Service Trusts under Part I of the National Health Service and Community Care Act 1990, or the National Health Service (Scotland) Act 1978, a woman’s contract of employment is treated by a scheme under that Part or Act as divided so as to constitute two or more contracts, she may elect for all those contracts to be treated as one contract for the purposes of Part V of the Social Security Act 1986.
3 
A woman who makes an election under regulation 2 above shall give written notification of that election to each of her employers under the two or more contracts of service mentioned in that regulation at least 21 days before the first day she is going to be absent from work with any of her employers, wholly or partly because of pregnancy, or if in the particular circumstances that is not practicable, as soon as is reasonably practicable.
4 
A woman who makes an election under regulation 2 above shall, within 21 days of giving notice of that election or if in the particular circumstances that is not practicable, as soon as is reasonably practicable thereafter, provide each of her employers under the two or more contracts of service mentioned under that rcgu1ation with the following information—
(a) the name and address of each of those employers; and
(b) the date her employment with each of those employers commenced; and
(c) details of her earnings during the relevant period from each employer and for this purpose the expressions “earnings” and “relevant period” have the same meanings as they have for the purposes of section 50(3) of the Social Security Act 1986.
5 
The employer to be regarded for the purposes of statutorv maternity pay as the employer under the one contract where 2 or more contracts of service are treated as one in accordance with regulation 2 above shall be—
(a) the Health Authority, in any case where any one of the contracts of service is with the Health Authority; or
(b) the first NHS trust to which a contract of service is transferred in any case where none of the contracts of service are with with the Health Authority.
6 
An election made under regulation 2 shall lapse at the end of the maternity pay period.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
11th March 1991