Regulation 5 Treatment of two or more employers as one

The employer to be regarded for the purposes of statutory 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—

F1(a)

in the case of a woman whose contract of employment is treated by a scheme under Part I of the National Health Service and Community Care Act 1990 or the National Health Service (Scotland) Act 1978 as divided—

(i)

the Health Authority or Primary Care Trust from which the woman was transferred, in a case where any one of the contracts of service is with that Health Authority F2 ...; or

(ii)

the first NHS trust to which a contract of service was transferred in a case where none of the contracts of service are with the Health Authority F3 ... from which she was transferred;

F4 ...

(c)

in the case of a woman whose contract of employment is divided as provided by an order under paragraph 23(1) of Schedule 5A to the National Health Service Act 1977—

(i)

the Health Authority, NHS trust or Primary Care Trust from which the woman was transferred, in a case where any one of the contracts of service is with that body; or

(ii)

the first Primary Care Trust to which a contract of service was transferred in a case where none of the contracts of service are with the body from which she was transferred.

Annotations

Textual amendments

F1: Reg. 5(a)(b) substituted for reg. 5(a)(c) (1.4.2000) by The Health Act 1999 (Supplementary, Consequential etc. Provisions) (No. 2) Order 2000 (S.I. 2000/694), art. 1, Sch. para. 3(4)
F2: Words in reg. 5(a)(i) omitted (1.4.13) by S.I. 2013/235, Sch. 2, para. 16(4)(a)
F3: Words in reg. 5(b)(ii) omitted (1.4.13) by S.I. 2013/235, Sch. 2, para16(4)(b)
F4: Preceding word and reg. 5(b) omitted (1.4.13) by S.I. 2013/235, Sch. 2