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Prohibition of Abortion (England and Wales) Bill


 

Prohibition of Abortion (England and Wales) Bill

 

 
 

Contents

1   

Amendment of the Abortion Act 1967

2   

Short title, commencement and extent

Schedule   —   

Repeals

 

Bill 33                                                                                                 

54/1

 
 

Prohibition of Abortion (England and Wales) Bill

1

 

A

Bill

To

prohibit the aborting of foetuses in England and Wales unless the mother’s life

is at risk, or where conception has been caused by rape; to make it an

imprisonable offence for anyone to carry out an abortion other than in those

circumstances; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

Amendment of the Abortion Act 1967

(1)   

The Abortion Act 1967 (c. 87) is amended in accordance with subsections (2) to

(9).

(2)   

Section 1 (medical termination of pregnancy) shall cease to have effect.

(3)   

After section 1 insert—

5

“1A     

Medical termination of pregnancy: England and Wales

(1)   

Subject to the provisions of this section, a person shall not be guilty of

an offence under the law relating to abortion when a pregnancy is

terminated by a registered medical practitioner if two registered

medical practitioners are of the opinion, formed in good faith that—

10

(a)   

the continuance of the pregnancy would involve risk to the life

of the pregnant woman, greater than if the pregnancy were

terminated; or

(b)   

the conception leading to the pregnancy of the woman was

caused by rape.

15

(2)   

Except as provided by subsection (4) of this section, any treatment for

the termination of pregnancy in England and Wales must be carried out

in a hospital vested in the Secretary of State for the purposes of his

functions under the National Health Service Act 1977 or in a hospital

vested in a Primary Care Trust or a National Health Service trust or an

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NHS foundation trust or in a place approved for the purposes of this

section by the Secretary of State.

 
Bill 33 54/1
 
 

Prohibition of Abortion (England and Wales) Bill

2

 

(3)   

The power under subsection (2) of this section to approve a place

includes power, in relation to treatment consisting primarily in the use

of such medicines as may be specified in the approval and carried out

in such manner as may be so specified, to approve a class of places.

(4)   

Subsection (2) of this section, and so much of subsection (1) as relates to

5

the opinion of two registered medical practitioners, shall not apply to

the termination of a pregnancy by a registered medical practitioner in a

case where he is of the opinion, formed in good faith, that the

termination is immediately necessary to save the life of the pregnant

woman.

10

1B      

Unlawful termination of pregnancy: England and Wales

(1)   

It shall be an offence for a person to—

(a)   

carry out an abortion,

(b)   

do anything with intent to procure a woman’s miscarriage, or

(c)   

(in the case of a woman carrying more than one foetus), do

15

anything with intent to procure her miscarriage of any foetus,

   

in England and Wales other than in circumstances permitted under

section 1A.

(2)   

A person guilty of an offence under this section is liable, on conviction

on indictment, to imprisonment for life.”

20

(4)   

In section 2 (notification), in subsection (1)(a), after the words “section 1”, insert

the words “or 1A”.

(5)   

In section 3 (application of Act to visiting forces, etc.), in subsection (1), after

the words “section 1”, insert the words “or 1A”.

(6)   

In section 4 (conscientious objection to participation in treatment), in

25

subsection (2), the words “or to prevent grave permanent injury to the physical

or mental health” shall cease to have effect.

(7)   

In section 5 (supplementary provisions)—

(a)   

in subsection (2), after the words “section 1”, insert the words “or 1A”;

and

30

(b)   

for the words from the first reference to “that section” in subsection (2)

to the end of the subsection, substitute the words “section 1A if either

of the grounds for termination of the pregnancy specified in that

section is met”.

(8)   

Section 6 (interpretation) shall cease to have effect.

35

(9)   

After section 6, insert—

“6A     

Meaning of ‘the law relating to abortion’: England and Wales

(10)   

In this Act, ‘the law relating to abortion’ means—

(a)   

sections 58 and 59 of the Offences against the Person Act 1861,

(b)   

section 1B of this Act, and

40

(c)   

any rule of law relating to the procurement of abortion.”

(11)   

The Schedule (which contains repeals of certain provisions of the Abortion Act

1967 in relation to England and Wales) shall have effect.

 
 

Prohibition of Abortion (England and Wales) Bill

3

 

2       

Short title, commencement and extent

(1)   

This Act may be cited as the Prohibition of Abortion (England and Wales) Act

2005.

(2)   

This Act shall come into force on the expiration of the period of six months

beginning with the date on which it is passed.

5

(3)   

This Act extends to England and Wales only.

 
 

4

Prohibition of Abortion (England and Wales) Bill
Schedule — Repeals

 

Schedule

Section 1(10)

 

Repeals

 

Short title and chapter

Extent of repeal

 
 

Abortion Act 1967 (c. 87)

Section 1.

 
   

In section 4(2), the words “or to prevent grave

 

5

   

permanent injury to the physical or mental

 
   

health”.

 
   

Section 6.

 
 

 
 

 
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Revised 17 October 2005