
1987 No. 235
TERMS AND CONDITIONS OF EMPLOYMENT
The Statutory Maternity Pay (Medical Evidence) Regulations 1987
Made 19th February 1987
Laid before Parliament 20th February 1987
Coming into force 15th March 1987
The Secretary of State for Social Services, in exercise of the powers conferred by sections 49 and 84(1) of and paragraph 6 of Schedule 4 to the Social Security Act 1986 , and of all other powers enabling him in that behalf, by this instrument, which is made before the end of the period of 12 months from the commencement of the enactments contained in the 1986 Act under which it is made, makes the following regulations:—
Citation, commencement and interpretation
1 

(1) These regulations may be cited as the Statutory Maternity Pay (Medical Evidence) Regulations 1987 and shall come into force on 15th March 1987.
(2) In these regulations, unless the context otherwise requires—
 “the Act” means the Social Security Act 1986;
 “registered midwife” means a midwife who is registered with the Nursing and Midwifery Council under the Nursing and Midwifery Order 2001;
 “doctor” means a registered medical practitioner;
 ...
 “signature” means, in relation to any statement or certificate given in accordance with these regulations, the name by which the person giving that statement or certificate, as the case may be, is usually known (any name other than the surname being either in full or otherwise indicated) written by that person in his own handwriting; and  “signed” shall be construed accordingly.
Evidence of pregnancy and confinement
2 
The evidence as to pregnancy and the expected date of confinement which a woman is required to provide to a person who is liable to pay her statutory maternity pay shall be furnished in the form of a maternity certificate given by a doctor or by a registered midwife, not earlier than the beginning of the  20th week  before the expected week of confinement, in accordance with the rules set out in Part I of the Schedule to these regulations—
(a) in the appropriate form as set out in Part II of that Schedule, or
(b) in a form substantially to the like effect with such variations as the circumstances may require.
Signed by authority of the Secretary of State for Social Services.
Nicholas Lyell

Parliamentary Under-Secretary of State,

Department of Health and Social Security

SCHEDULE

Regulation 2
PART I rules
1 
In these rules any reference to a woman is a reference to the woman in respect of whom a maternity certificate is given in accordance with these rules.
2 
A maternity certificate shall be given by a doctor or registered midwife attending the woman and shall not be given by the woman herself.
3 
The maternity certificate shall be on a form provided by the Secretary of State for the purpose and the wording shall be that set out in the appropriate part of the form specified in Part II of this Schedule.
4 
Every maternity certificate shall be completed in ink or other indelible substance and shall contain the following particulars—
(a) the woman's name;
(b) the week in which the woman is expected to be confined or, if the maternity certificate is given after confinement, the date of that confinement and the date the confinement was expected to take place ...;
(c) the date of the examination on which the maternity certificate is based;
(d) the date on which the maternity certificate is signed; and
(e) the address of the doctor or where the maternity certificate is signed by a registered midwife the personal identification number given to her on her registration in ... the register maintained by the Nursing and Midwifery Council  NMC”) under article 5 of  the Nursing and Midwifery Order 2001 and the expiry date of that registration,and shall bear opposite the word  “Signature”, the signature of the person giving the maternity certificate written after there has been entered on the maternity certificate the woman's name and the expected date or, as the case may be, the date of the confinement.
5 
After a maternity certificate has been given, no further maternity certificate based on the same examination shall be furnished other than a maternity certificate by way of replacement of an original which has been lost or mislaid, in which case it shall be clearly marked  “duplicate”.
PART II FORM OF CERTIFICATE
MATERNITY CERTIFICATE
Please fill in this form in inkName of patient
Fill in this part if you are giving the certificate before the confinement. Fill in this part if you are giving the certificate after the confinement.
Do not fill this in more  than 20 weeks  before the week the baby is expected. I certify that I attended you in connection with the birth which took place on ......./........../........when you were delivered of a child [ ] children.
I certify that I examined you on the date given below. In my opinion you can expect to
have your baby in the week that includes ......./........../........ In my opinion your baby was expected in the week that includes ......./........../........
Week means a period of 7 days starting on a
Sunday and ending on a Saturday. 
Date of examination ......../........../........ Registered midwives
Date of signing ......./........../........ 
Please give your  
NMC
  Personal identification
Number and the expiry date of your
registration with the  
NMC
.
__________________________________
 ___________________________________
Signature:

 DoctorsPlease stamp your name and address
here  (unless the form has been stamped, in Wales, by the Local Health Board in whose medical performers list you are included or, in Scotland,by the Health Board in whose primary medical services performers list you are included).

 





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