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A
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Bill
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To
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restate
and amend the law relating to female genital mutilation; and for
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connected purposes.
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Be
it enacted by the Queen’s most Excellent Majesty, by and
with the advice and
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consent of the Lords Spiritual and
Temporal, and Commons, in this present
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Parliament assembled, and by the authority
of the same, as follows:—
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1 Offence
of female genital mutilation
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(1) A
person is guilty of an offence if he excises, infibulates or otherwise
mutilates
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the whole or any part of a girl’s
labia majora, labia minora or clitoris.
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(2) But
no offence is committed by an approved person who performs—
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(a) a
surgical operation on a girl which is necessary for her physical or
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mental health, or
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(b) a
surgical operation on a girl who is in any stage of labour, or has just
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given birth, for purposes connected
with the labour or birth.
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(3) The
following are approved persons—
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(a) in
relation to an operation falling within subsection (2)(a), a registered
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medical practitioner,
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(b) in
relation to an operation falling within subsection (2)(b), a registered
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medical practitioner, a registered midwife
or a person undergoing a
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course of training with a view to becoming
such a practitioner or
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midwife.
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(4) There
is also no offence committed by a person who—
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(a) performs
a surgical operation falling within subsection (2)(a) or (b)
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outside the United Kingdom, and
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(b) in
relation to such an operation exercises functions corresponding to
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those of an approved person.
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(5) For
the purpose of determining whether an operation is necessary for the
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mental health of a girl it is immaterial
whether she or any other person believes
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that the operation is required as a
matter of custom or ritual.
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2 Offence
of assisting a girl to mutilate her own genitalia
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A person is guilty of an offence if he aids,
abets, counsels or procures a girl to
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excise, infibulate or otherwise mutilate
the whole or any part of her own labia
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majora, labia minora or clitoris.
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3 Offence
of assisting a non-UK person to mutilate overseas a girl’s genitalia
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(1) A
person is guilty of an offence if he aids, abets, counsels or procures
a person
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who is not a United Kingdom national
or permanent United Kingdom resident
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to do a relevant act of female genital
mutilation outside the United Kingdom.
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(2) An
act is a relevant act of female genital mutilation if—
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(a) it
is done in relation to a United Kingdom national or permanent
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United Kingdom resident, and
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(b) it
would, if done by such a person, constitute an offence under section 1.
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(3) But
no offence is committed if the relevant act of female genital mutilation—
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(a) is
a surgical operation falling within section 1(2)(a)
or (b), and
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(b) is
performed by a person who, in relation to such an operation, is an
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approved person or exercises functions
corresponding to those of an
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approved person.
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4 Extension
of sections 1
to 3
to extra-territorial acts
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(1) Sections
1 to
3 extend
to any act done outside the United Kingdom by a United
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Kingdom national or permanent United
Kingdom resident.
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(2) If
an offence under this Act is committed outside the United Kingdom—
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(a) proceedings
may be taken, and
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(b) the
offence may for incidental purposes be treated as having been
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committed,
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in
any place in England and Wales or Northern Ireland.
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5 Penalties
for offences
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A person guilty of an offence under this
Act is liable—
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(a) on
conviction on indictment, to imprisonment for a term not exceeding
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14 years or a fine (or both),
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(b) on
summary conviction, to imprisonment for a term not exceeding six
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months or a fine not exceeding the statutory
maximum (or both).
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6 Definitions
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(1) Girl
includes woman.
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(2) A
United Kingdom national is an individual who is—
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(a) a
British citizen, a British overseas territories citizen, a British National
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(Overseas) or a British Overseas citizen,
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(b) a
person who under the British Nationality Act 1981 (c. 61) is a British
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subject, or
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(c) a
British protected person within the meaning of that Act.
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(3) A
permanent United Kingdom resident is an individual who is settled in the
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United Kingdom (within the meaning
of the Immigration Act 1971 (c. 77)).
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(4) This
section has effect for the purposes of this Act.
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7 Consequential
provision
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(1) The
Prohibition of Female Circumcision Act 1985 (c. 38) ceases to have
effect.
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(2) In
paragraph 1(b) of the Schedule to the Visiting Forces Act 1952 (c. 67)
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(offences against the person in respect
of which a member of a visiting force
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may in certain circumstances not be
tried by a United Kingdom court), for
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paragraph (xi) there is substituted—
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“(xi) the
Female Genital Mutilation Act 2003;”.
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8 Short
title, commencement, extent and general saving
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(1) This
Act may be cited as the Female Genital Mutilation Act 2003.
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(2) This
Act comes into force on such day as the Secretary of State may by order
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made by statutory instrument appoint.
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(3) An
order under subsection (2) may include transitional or saving provisions.
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(4) This
Act does not extend to Scotland.
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(5) Nothing
in this Act affects any criminal liability arising apart from this Act.
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