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