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The Human Fertilisation and Embryology Act 1990 (Commencement No. 2 and Transitional Provision) Order 1991

S.I. 1991/480 · Made 4 March 1991

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

MEDICAL PROFESSION

Made 4th March 1991

In exercise of powers conferred by section 49(2) and (6) of the Human Fertilisation and Embryology Act 1990f1 and of all other powers enabling me in that behalf, I hereby make the following Order:

Annotations to the whole text

Footnotes

f1

1990 c. 37.

Contents

  1. 1Citation
  2. 2Appointed day
  3. 3Transitional provision
  4. Signature
  5. Explanatory note

1Citation

This Order may be cited as the Human Fertilisation and Embryology Act 1990 (Commencement No. 2 and Transitional Provision) Order 1991.

2Appointed day

1st April 1991 is the day appointed for the coming into force of the following provisions of the Human Fertilisation and Embryology Act 1990—

(a)

section 37 (amendments to the Abortion Act 1967f1), and

(b)

section 48(1) (extent) so far as it relates to section 37.

3Transitional provision

(1)

In this Article—

  • “the commencement date” means 1st April 1991;

  • “the transitional period” means the perios of one month beginning with the commencement date;

  • “the Act” means the Abortion Act 1967; and

  • “the old regulations” means the regulations made under section 2 of the Act in force immediately before the commencement datef1.

(2)

Where immediately before the commencement date only one of the two registered medical practitioners whose opinions are referred to in section 1(1) of the Act as it was then in force has formed his opinion and (in accordance with the provisions of the old regulations) has certified it, the second medical practitioner, if he certifies his opinion during the transitional period, shall also do so in terms of that subsection as it was in force immediately before the commencement date, and in accordance with the provisions of the old regulations.

(3)

In relation to any termination during the transitional period of a pregnancy falling within paragraph (4) below—

(a)

subject to paragraph (5) below, the Act shall apply as if the amendments brought into force by this Order had not been made, and

(b)

notice of the termination and other information relating to the termination shall be given to the appropriate Chief Medical Officer in accordance with the provisions of the old regulations.

(4)

A pregnancy falls within this paragraph if the opinions referred to in section 1(1) of the Act relating to the pregnancy are certified in the form prescribed by the old regulations (whether because both opinions were certified before the commencement date, or because the first opinion was certified before the commencement, and the second opinion was certified after the commencement date in accordance with paragraph (2) above).

(5)

Where a pregnancy falling within paragraph (4) above is terminated during the transiitional period in reliance upon the opinion of two registered medical practitioners that the continuance of the pregnancy would involve risk of injury to the physical or mental health of the pregnant women or any exisiting children of her family, greater than if the pregnancy were terminated, paragraph (3)(a) above applies in relation to that termination only if the registered medical practitioner who terminates the pregnancy is of the opinion, formed in good faith, that the pregnancy has not exceeded its twenty-fourth week.

Signature

William Waldegrave

One of Her MAjesty’s Principal Secretaries of State

4th March 1991

Explanatory note

(This note is not part of the Order)

This Order brings into force on 1st April 1991 the amendments to the Abortion Act 1967 contained in section 37 of the Human Fertilisation and Embryology Act 1990. Section 48(1) of that Act provides that those amendments do not extend to Northern Ireland.

This Order also provides that, for a transitional period of one month, abortions may continue to be performed as if the amendments brought into force by this Order had not been made, provided the certificate of the opinion of two doctors which states the ground for the abortion had been signed by one or both of the doctors before 1st Apeil 1991. In the case of any abortion performed under these circumstances on the ground that continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, of injury to the physical or mental health of the pregnant woman or nay existing children of her family, this Order also provides that the doctor who terminates the pregnancy must in addition satisfy himself that the pregnancy has not exceeded 24 weeks.

This Order alos provides that any abortion performed in reliance upon the transitional provision must be notified to the Chief Medical Officer in accordance with the regulations governing notification which were in force before 1st April 1991