The Statutory Maternity Pay (Medical Evidence) Regulations 1987

• Citation: S.I. 1987/235
• Sections: 7

Section 1 Citation, commencement and interpretation

(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.

Section 2 Evidence of pregnancy and confinement

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.

Section 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.

Section 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.

Section 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.

Section 4

Every maternity certificate ... 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.

Section 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”.