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Part 2ENTITLEMENT TO NEONATAL CARE LEAVE

Definition of neonatal care

4.—(1) The prescribed kinds of care within the meaning of “neonatal care” for the purposes of section 80EF of the Act are—

(a)medical care received in a hospital,

(b)medical care received in any other place which meets the following criteria—

(i)the child was an inpatient in hospital and the care is received upon that child leaving hospital;

(ii)the care is under the direction of a consultant; and

(iii)the care includes ongoing monitoring by, and visits to the child from, healthcare professionals arranged by the hospital referred to in paragraph (b)(i); and

(c)palliative or end of life care.

(2) For the purposes of section 80EF(5) of the Act and these Regulations, neonatal care is to be treated as being received continuously without interruption throughout any period spent being transported from one place where neonatal care is received to another place where neonatal care is received.

(3) In this regulation—

“consultant” means a registered medical practitioner who—

(a)

is an NHS consultant within the meaning of section 55 of the Medical Act 1983(1) employed for the purposes of providing any service as part of—

(i)

the health service as defined by section 275(1) of the National Health Service Act 2006(2) or section 206(1) of the National Health Service (Wales) Act 2006(3); or

(ii)

the health service as defined by section 108(1) of the National Health Service (Scotland) Act 1978(4);

(b)

is on the Specialist Register kept by the General Medical Council under section 34D of the Medical Act 1983(5) and holds a consultant post, or

(c)

does not fall within (a) or (b) but meets one of the following criteria—

(i)

is working as a locum consultant in the NHS or in private practice;

(ii)

is working as a consultant in private practice; or

(iii)

is working as a consultant in the armed forces.

“hospital” means—

(a)

any institution for the reception and treatment of persons suffering from illness, and

(b)

any maternity home,

including clinics and out patient departments maintained in connection with any such institution or home.

(1)

1983 c. 54. Section 55 was amended by S.I. 2010/234 and S.I. 2010/478. The section defines NHS consultant to mean a consultant other than a locum consultant but including an honorary consultant.

(5)

1983 c. 54. Amended by S.I. 2019/593.