Abortion CONTENTS. Bill /1

Similar documents
Supervised Drug Consumption Facilities Bill

Organ Donation (Deemed Consent) Bill

Laser Misuse (Vehicles) Bill [HL]

Arbitration and Mediation Services (Equality) Bill [HL]

Road Traffic Offenders (Surrender of Driving Licences Etc) Bill

Assisted Dying Bill [HL]

Anonymity (Arrested Persons) Bill [HL]

Gambling (Licensing and Advertising) Bill

Courts (Abuse of Process) Bill

Freedom of Information (Extension) Bill

Modern Slavery (Victim Support) Bill [HL]

Road Traffic Regulation (Temporary Closure for Filming) Bill

Assaults on Emergency Workers (Offences) Bill

Refugees (Family Reunion) (No. 2) Bill

Universal Credit (Application, Advice and Assistance) Bill

Female Genital Mutilation Bill

Healthcare (International Arrangements) Bill (changed to Healthcare (European Economic Area and Switzerland Arrangements) Bill)

Mental Health (Discrimination) (No.2) Bill

Stalking Protection Bill

Overseas Electors Bill

Parental Bereavement Leave (Statutory Entitlement) Bill

Disabled Persons Parking Badges Bill

Healthcare (International Arrangements) Bill

Benefit Claimants Sanctions (Required Assessment) Bill CONTENTS

Crime (Overseas Production Orders) Bill [HL]

Reproductive Health (Access to Terminations) Act 2013 (No. 72 of 2013) CONTENTS

Haulage Permits and Trailer Registration Bill [HL]

Vehicle Noise Limits (Enforcement) Bill

Off-patent Drugs Bill

Emergency Response Drivers (Protections) Bill

Sexual Offences (Amendment) Bill

Public Authority (Accountability) Bill

Education and Adoption Bill

Domestic Gas and Electricity (Tariff Cap) Bill

Automatic Electoral Registration (No. 2) Bill

Planning (Listed Buildings and Conservation Areas) Act 1990

Criminal Offences (Misuse of Digital Technologies and Services) (Consolidation) Bill

Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Bill

Arbitration and Mediation Services (Equality) Bill [HL]

Victims of Crime Etc (Rights, Entitlements and Related Matters) Bill

Offender Management Act 2007

Employment of Children Act

Assisted Dying for the Terminally Ill Bill [HL]

(Copyright and Disclaimer apply)

Forensic Science Regulator Bill

Domestic Gas and Electricity (Tariff Cap) Bill

Access to Medical Treatments (Innovation) Bill

Civil Liability Bill [HL]

Registration of Political Parties Act An Act to make provision about the registration of political parties.

Civil Liability Bill [HL]

Human Trafficking (Further Provisions and Support for Victims) Bill [HL]

Pavement Parking (Protection of Vulnerable Pedestrians) Bill

Offensive Weapons Bill

Access to Fertility Services Bill

Welfare of Cats (Breeding and Sale) Bill [HL]

Missing Persons Guardianship Bill [HL]

Homelessness Reduction Bill

Offensive Weapons Bill

Football Spectators and Sports Grounds Bill

xmlns:atom=" xmlns:atom=" Fraud Act CHAPTER 35

Tenancies (Reform) Bill

Health and Social Care Act 2008

Civil Liability Bill [HL]

Parental Bereavement (Leave and Pay) Bill

Psychoactive Substances Bill [HL]

HGV Road User Levy Bill

Scotland Bill EXPLANATORY NOTES. Explanatory notes to the Bill, prepared by the Scotland Office, are published separately as Bill 115 EN.

Northern Ireland (Miscellaneous Provisions) Bill

Homelessness Reduction Bill

Smart Meters Bill [AS AMENDED IN PUBLIC BILL COMMITTEE] CONTENTS. Powers 1 Smart meters: extension of time for exercise of powers

Access to Health Records Act 1990

Domestic Violence, Crime and Victims Bill [HL]

Bribery Act CHAPTER 23. An Act to make provision about offences relating to bribery; and for connected purposes.

Children and Young Persons Act 2008

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Bribery Act CHAPTER 23. An Act to make provision about offences relating to bribery; and for connected purposes.

Prevention of Terrorism Act 2005

Victims of Crime (Rights, Entitlements, and Notification of Child Sexual Abuse) Bill [HL]

Trade Bill EXPLANATORY NOTES

European Union (Withdrawal) Bill

Modern Slavery Bill [AS AMENDED ON REPORT] CONTENTS PART 1 OFFENCES

Property Boundaries (Resolution of Disputes) Bill [HL]

Psychoactive Substances Bill [HL]

Welfare Reform Bill CONTENTS [AS AMENDED IN GRAND COMMITTEE] PART 1 UNIVERSAL CREDIT CHAPTER 1 ENTITLEMENT AND AWARDS.

Statutes Amendment (Gender Identity and Equity) Bill 2015

BILL. Repeal the European Communities Act 1972 and make other provision in connection with the withdrawal of the United Kingdom from the EU.

European Union (Withdrawal) Bill

EU Referendum Bill B I L L. Provide for a referendum about the United Kingdom s future relationship with the European Union.

Safeguarding Vulnerable Groups Bill [HL]

Misuse of Drugs Act 1971

Electoral Registration and Administration Bill

Financial Guidance and Claims Bill [HL]

Political Parties, Elections and Referendums Act amendments relating to European Parliamentary Elections; and for connected purposes.

Forced Marriage (Civil Protection) Act 2007

Welfare Reform Bill EXPLANATORY NOTES

Wild Animals in Circuses Bill

Immigration Bill [AS AMENDED IN PUBLIC BILL COMMITTEE] CONTENTS PART 1

Civil Partnership Bill [HL]

Property Boundaries (Resolution of Disputes) Bill

Regulation of Child Care Providers Bill

Transcription:

Abortion CONTENTS 1 Amendment of criminal law in relation to consensual termination of pregnancy 2 Non-consensual termination of pregnancy 3 Conscientious objection to participation in treatment 4 Short title, commencement, and extent

Abortion 1 A BILL TO Amend the law relating to abortion in England and Wales, and Northern Ireland; to remove criminal liability in respect of abortion performed with the consent of the pregnant woman up to the twenty-fourth week of pregnancy; to repeal sections 9 and 60 of the Offences Against the Person Act 1861; to create offences of termination of a pregnancy after its twenty-fourth week and nonconsensual termination of a pregnancy; to amend the law relating to conscientious objection to participation in abortion treatment; and for connected purposes. B E 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 criminal law in relation to consensual termination of pregnancy (1) In this Act (a) the 1861 Act means the Offences Against the Person Act 1861, (b) the 1967 Act means the Abortion Act 1967. (2) For section 8 of the 1861 Act (administering drugs or using instruments to procure abortion) substitute the following 8 Causing abortion after twenty-four weeks (1) A person (A) commits an offence if (a) the pregnancy of a woman (B) has exceeded its twenty-fourth week, (b) A uses an instrument or performs any other procedure on B, or administers to B any substance capable of causing abortion, (c) B s abortion results, and (d) A intends to cause B s abortion. (2) If (a) proceedings for an offence under subsection (1) are brought against a person (D) who, at the time of the alleged offence, was a registered medical practitioner, and

2 Abortion (b) the prosecution proves that the pregnancy had exceeded its twenty-fourth week, it is a defence to prove that D believed, in good faith, that the pregnancy had not exceeded its twenty-fourth week. (3) A person guilty of an offence under subsection (1) is liable on conviction on indictment to imprisonment for life or for any shorter term. (3) Sections 9 (procuring drugs, &c., to cause abortion) and 60 (concealing the birth of a child) of the 1861 Act are repealed. (4) The 1967 Act is amended as follows (a) paragraph (a) of section 1(1) (medical termination of pregnancy) is repealed; (b) in section 1(2), omit (a) or ; (c) for paragraph (b) of section 2(1) (notification) substitute (b) for requiring a person of such description as may be so prescribed to give such notice of the termination of a pregnancy, and such other information relating to the termination, as may be so prescribed; ; (d) after section (2) (supplementary provisions), insert the following subsection (3) Nothing in section 1 or 3, or in subsection (2) of this section, applies to conduct which, as a result of the Abortion Act 2018, ceases to be an offence under the Offences Against the Person Act 1861; (e) in section 6, for sections 8 and 9 substitute section 8. 2 Non-consensual termination of pregnancy (1) A person (A) commits an offence if (a) in relation to a woman (B) A commits any unlawful act involving the use or threat of force, or the administration of any substance capable of causing abortion, (b) A believes that B is pregnant or is reckless as to whether she is pregnant, and (c) A intends to cause B s abortion or is reckless as to whether her abortion results. (2) For the purposes of subsection (1) (a) an act done by, or with the assistance or consent of, B, or done in good faith by a registered medical practitioner, registered nurse or registered midwife, is not to be considered unlawful, (b) but B is not to be treated as consenting to the administration of a substance unless she is aware of its nature as a substance capable of causing abortion. (3) A person guilty of an offence under subsection (1) is liable on conviction on indictment to imprisonment for life or for any shorter term. 20 2 30 3 40

Abortion 3 3 Conscientious objection to participation in treatment (1) Subsections (1) and (2) of section 4 of the 1967 Act (conscientious objection to participation in treatment) are repealed. (2) Subject to subsection (3), no person shall be under any duty, whether by contract or by any statutory or other legal requirement, to participate in any treatment for the termination of pregnancy to which that person 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. (3) Nothing in subsection (2) affects 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. (4) The duty of (a) the Secretary of State under section 1 of the National Health Service Act 2006 (Secretary of State s duty to promote health service), and (b) the Welsh Ministers under section 1 of the National Health Service (Wales) Act 2006 (Welsh Ministers duty to promote health service) includes a duty to provide or secure services such that the timely access to treatment for the termination of pregnancy is not impeded by the operation of subsection (2). 4 Short title, commencement, and extent (1) This Act may be cited as the Abortion Act 2018. (2) This Act comes into force at the end of the period of six months beginning with the day on which it is passed. (3) Sections 1(4), 3(1) and 3(4) extend to England and Wales only. (4) The other provisions of this Act extend to England and Wales and Northern Ireland only. 20 2

Abortion A BILL To amend the law relating to abortion in England and Wales, and Northern Ireland; to remove criminal liability in respect of abortion performed with the consent of the pregnant woman up to the twenty-fourth week of pregnancy; to repeal sections 9 and 60 of the Offences Against the Person Act 1861; to create offences of termination of a pregnancy after its twenty-fourth week and non-consensual termination of a pregnancy; to amend the law relating to conscientious objection to participation in abortion treatment; and for connected purposes. Ordered to be brought in by Diana Johnson, Dr Roberta Blackman-Woods, Dr Sarah Wollaston, Stella Creasy, Nicky Morgan, Liz Saville Roberts, Norman Lamb, Jo Stevens, Anna Soubry, Christine Jardine, Crispin Blunt and Caroline Lucas. Ordered, by The House of Commons, to be Printed, 23 October 2018. Parliamentary copyright House of Commons 2018 This publication may be reproduced under the terms of the Open Parliament Licence, which is published at www.parliament.uk/site-information/copyright PUBLISHED BY AUTHORITY OF THE HOUSE OF COMMONS