Section 2 Saving for necessary surgical operations.

(1)

Subsection (1)(a) of section 1 shall not render unlawful the performance of a surgical operation if that operation—

(a)

is necessary for the physical or mental health of the person on whom it is performed and is performed by a registered medical practitioner; or

(b)

is performed on a person who is in any stage of labour or has just given birth and is so performed for purposes connected with that labour or birth by—

(i)

a registered medical practitioner or a registered midwife; or

(ii)

a person undergoing a course of training with a view to becoming a registered medical practitioner or a registered midwife.

(2)

In determining for the purposes of this section whether an operation is necessary for the mental health of a person, no account shall be taken of the effect on that person of any belief on the part of that or any other person that the operation is required as a matter of custom or ritual.

Notes on the whole Act

Textual amendments

F1: Act ceases to have effect (E.W.N.I.) (3.3.2004) by virtue of Female Genital Mutilation Act 2003 (c. 31), ss. 7(1), 8(2) (with s. 8(5)); S.I. 2004/286, art. 2
F2: Act repealed (S.) (1.9.2005) by Prohibition of Female Genital Mutilation (Scotland) Act 2005 (asp 8), s. 7(2)