UNITED KINGDOM. The Abortion
Act 1967 (as amended).
Medical termination of pregnancy
1. (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 of two registered
medical practitioners are of the opinion, formed in good faith:
a) that the pregnancy has not exceeded its twenty-fourth
week and that the 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 any existing
children of her family; or
b) that the termination is necessary to prevent
grave permanent injury to the physical or mental health of the
pregnant woman; or
c) that the continuance of the pregnancy would involve
risk to the life of the pregnant woman, greater than if the pregnancy
were terminated; or
d) that there is a substantial risk that if the
child were born it would suffer from such physical or mental abnormalities
as to be seriously handicapped.
(2) In determining whether the continuance of a pregnancy
would involve such risk of injury to health as is mentioned in
paragraph (a) or (b) of subsection (1) of this section, account
may be taken of the pregnant woman's actual or reasonably foreseeable
environment.
(3) Except as provided by subsection (4) of this
section, any treatment for the termination of pregnancy must be
carried out in a hospital vested in the Minister of Health or
the Secretary of State under the National Health Service Acts,
or in a place for the time being approved for the purposes of
this section by the said Minister or the Secretary of State.
(3A) The power under subsection (3) 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 (3) of this section, and so much of
subsection (1) as relates to 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 or to prevent grave permanent injury
to the physical or mental health of the pregnant woman.
Notification
2. (1) The Minister of
Health in respect of England and Wales, and the Secretary of State
in respect of Scotland, shall be statutory instrument make regulations
to provide:
a) for requiring any such opinion as is referred
to in section 1 of this Act to be certified by the practitioners
or practitioner concerned in such form and at such time as may
be prescribed by the regulations, and for requiring the preservation
and disposal of certificates made for the purposes of the regulations;
b) for requiring any registered medical practitioner
who terminates a pregnancy to give notice of the termination and
such other information relating to the termination as may be so
prescribed;
c) for prohibiting the disclosure, except to such
persons or for such purposes as may be so prescribed, of notices
given or information furnished pursuant to the regulations.
(2) The information furnished in pursuance of regulations
made by virtue of paragraph (b) of subsection (1) of this section
shall be notified solely to the Chief Medical Officers of the
Ministry of Health and the Scottish Home and Health Department
respectively.
(3) Any person who wilfully contravenes or wilfully
fails to comply with the requirements of regulations under subsection
(1) of this section shall be liable on summary conviction to a
fine not exceeding one hundred pounds.
(4) Any statutory instrument made by virtue of this
section shall be subject to annulment in pursuance of a resolution
of either House of Parliament.
Application of Act to visiting forces etc.
3. (1) In relation to
the termination of a pregnancy in a case where the following conditions
are satisfied, that is to say:
a) the treatment for termination of the pregnancy
was carried out in a hospital controlled by the proper authorities
of a body to which this section applies; and
b) the pregnant woman had at the time of the treatment
a relevant association with that body; and
c) the treatment was carried out by a registered
medical practitioner or a person who at the time of the treatment
was a member of that body appointed as a medical practitioner
for that body by the proper authorities of that body, this Act
shall have effect as if any reference in section 1 to a registered
medical practitioner and to a hospital vested in a Minister under
the National Health Service Acts included respectively a reference
to such a person as is mentioned in paragraph (c) of this subsection
and to a hospital controlled as aforesaid, and as if section 2
were omitted.
(2) The bodies to which this section applies are
any force which is a visiting force within the meaning of any
of the provisions of Part I of the visiting Forces Act 1952 and
any headquarters within the meaning of the Schedule to the International
Headquarters and Defence Organisations Act 1964; and for the purposes
of this section:
a) a woman shall be treated as having a relevant
association at any time with a body to which this section applies
if at that time:
i) in the case of such a force as aforesaid, she
had a relevant association within the meaning of the said Part
I with the force; and
ii) in the case of such a headquarters as aforesaid,
she was a member of the headquarters or a dependant within th3e
meaning of the Schedule aforesaid of such a member; and
b) any reference to a member of a body to which
this section applies shall be construed:
i) in the case of such a force as aforesaid, as
a reference to a member of or of a civilian component of that
force within the meaning of the said Part I; and
ii) in the case of such a headquarters as aforesaid,
as a reference to a member of that headquarters within the meaning
of the Schedule aforesaid.
Conscientious objection to participation in treatment
4. (1) Subject to subsection
(2) of this section, no person shall be under any duty, whether
by contract or by any statutory or other legal requirement, to
participate in any treatment authorised by this Act to which he
has a conscientious objection:
Provided that in any legal proceedings the burden
of proof of conscientious objection shall rest on the person claiming
to rely on it.
(2) Nothing in subsection (1) of this section shall
affect any duty to participate in treatment which is necessary
to save the life or to prevent grave permanent injury to the physical
or mental health of a pregnant woman.
(3) In any proceedings before a court in Scotland,
a statement on oath by any person to the effect that he has a
conscientious objection to participating in any treatment authorised
by this Act shall be sufficient evidence for the purpose of discharging
the burden of proof imposed upon him by subsection (1) of this
section.
5. (1) No offence under
the Infant Life (Preservation) Act 1929 shall be committed by
a registered medical practitioner who terminates a pregnancy in
accordance with the provisions of this Act.
(2) For the purposes of the law relating to abortion,
anything done with intent to procure a woman's miscarriage (or,
in the case of a woman carrying more than one foetus, her miscarriage
of any foetus) is unlawfully done unless authorised by section
1 of this Act and, in the case of a woman carrying more than one
foetus, anything done with intent to procure her miscarriage of
any foetus is authorised by that section if:
a) the ground for termination of the pregnancy specified
in subsection (1)(d) of that section applies in relation to any
foetus and the thing is done for the purpose of procuring the
miscarriage of the foetus, or
b) any of the other grounds for termination of the
pregnancy specified in that section applies.
Interpretation
6. In this Act, the following
expressions have meanings hereby assigned to them:
"the law relating to abortion" means sections
58 and 59 of the Offences against the Person Act 1861, and any
rule of law relating to the procurement of abortion;
"the National Health Service Acts" means
the National Health Service Act 1946 to 1966 or the National Health
Service (Scotland) Acts 1947 to 1966.
Short title, commencement and extent
7. (1) This Act may be
cited as the Abortion Act 1967.
(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.
(3) This Act does not extent to Northern Ireland.