Pregnancy loss on or before 24 weeks
Pregnancy likely to end on or before 24th week: prescribed information for section 77(4)7.
(1)
The information in paragraph (2) is prescribed information for the purpose of section 77(4) (arrangements where woman’s pregnancy likely to end before, or on completion of, 24th week: relevant health body record of prescribed information).
(2)
The information is—
(a)
the woman’s name,
(b)
the woman’s home address,
(c)
the woman’s patient identifier,
(d)
gestational age of pregnancy,
(e)
any decision by the relevant health body that it is not in the woman’s best interests to be given an opportunity to decide on the matters in paragraph (3),
(f)
where the relevant health body considers that it is in the woman’s best interests to give the woman an opportunity to decide on the matters in paragraph (3)—
(i)
that the woman made no decision on the matters, or
(ii)
the decision of the woman on the matters,
(g)
where the woman decides she wishes to authorise the relevant health body to make arrangements for the remains of the fetus to be buried or cremated—
(i)
the name of the individual to whom the decision is communicated by the woman,
(ii)
the position held in the relevant health body by the individual to whom the decision is communicated by the woman, and
(iii)
the date on which the decision is communicated to the individual by the woman,
(h)
where the woman decides she wishes to authorise an individual of or over 16 years of age to make arrangements for the remains of the fetus to be buried or cremated, the name of the individual and the individual’s relationship to the woman, and
(i)
where the woman decides she wishes to authorise an individual of or over 16 years of age or the relevant health body to make arrangements for the remains of the fetus to be buried or cremated in a way specified by the woman, the way specified.
(3)
The matters are—
(a)
whether the woman wishes to make the arrangements for the remains of the fetus to be buried or cremated,
(b)
whether the woman wishes to authorise an individual of or over 16 years of age to make those arrangements—
(i)
in a way specified by the woman, or
(ii)
in a way specified by the body,
(c)
whether the woman wishes to authorise the relevant health body to make those arrangements—
(i)
in a way specified by the woman, or
(ii)
in a way specified by the body,
(d)
if the woman wishes to authorise the relevant health body under paragraph (c), whether she wishes to authorise the body to make those arrangements—
(i)
as soon as practicable after the pregnancy ends, or
(ii)
after the expiry of the 7-day period.
(4)
In this regulation references to “the woman” are to the woman who has been informed by the relevant health body that the relevant health body considers that it is likely that her pregnancy will end before or on completion of its 24th week, mentioned in section 77(1).
(5)
In this regulation “7-day period” and “relevant health body” have the meanings given in section 77(5).
Pregnancy ends before or on completion of 24th week: arrangements8.
(1)
(a)
in Section B of the form set out in schedule 2 where the decision is a decision under section 79(2)(c)(ii) (decision to authorise the appropriate health authority to make arrangements for the remains of the fetus to be buried or cremated in a way specified by the authority) and the woman has declined to discuss further those arrangements,
(b)
in all other cases in Section A of the form set out in schedule 2.
(2)
For the purposes of section 79(7)(a)—
(a)
the matter mentioned in section 79(8)(a) (decision under section 79(2): arrangements for fetus to be buried or cremated) must be recorded in Section A of the form set out in schedule 2,
(b)
the matter mentioned in section 79(8)(b) (no decision by woman after expiry of the initial period: arrangements for fetus to be buried or cremated) must be recorded in Section E of the form set out in schedule 2.
(3)
For the purposes of section 80(4)(a)—
(a)
a decision under section 80(2)(a) (change of decision under section 79(2)) must be recorded in Section C of the form set out in schedule 2,
(b)
a decision under section 80(2)(b) (decision under section 79(2) not previously made) must be recorded in Section A of the form set out in schedule 2.
(4)
For the purposes of section 83(4)(a) a decision under section 83(3) to authorise the appropriate health authority to make arrangements for the remains of the fetus to be buried or cremated before the expiry of the 7-day period must be recorded in Section D of the form set out in schedule 2 where the appropriate health authority is authorised to make arrangements by virtue of section 79(2) or 80(2).
Pregnancy ends before or on completion of 24th week: individual authorised to make arrangements9.
(1)
For the purposes of section 81(5)(a) the authorisation under section 81(2)(a) (individual authorises appropriate health body to make arrangements for remains to be buried or cremated) must be recorded in Section A of the form set out in schedule 3.
(2)
For the purposes of section 81(7)(a) the record of the facts in section 81(6) (individual does not inform the appropriate health body of arrangements made or authorise the appropriate health authority to make arrangements) must be recorded in Section C of the form set out in schedule 3.
(3)
For the purposes of section 83(4)(a) a decision under section 83(3) to authorise the appropriate health authority to make arrangements for the remains of the fetus to be buried or cremated before the expiry of the 7-day period must be recorded in Section B of the form set out in schedule 3 where the appropriate health authority is authorised to make arrangements by virtue of section 81(2)(a).
Pregnancy losses: health authority register10.
(1)
For the purpose of section 85(1) (duty of health authority to keep register)—
(a)
where paragraph (2) applies, the prescribed information is the information in Part 1 of schedule 4 , and
(b)
where paragraph (3) applies the prescribed information is the information in Part 2 of schedule 4.
(2)
This paragraph applies where, by virtue of the provisions mentioned in column 1 of the following table the health authority (as appropriate health body within the meaning of the provision mentioned in column 2 of the table) is authorised to make arrangements for the remains of the fetus to be buried or cremated
Column 1 | Column 2 | Column 3 |
|---|---|---|
Provision by virtue of which the health authority is authorised to make arrangements for burial or cremation | Appropriate health body | Reference to “woman” in schedule 4 |
section 69(2)(b) | as appropriate health body within the meaning of section 69(5) | the woman whose pregnancy is terminated after its 24th week by virtue of section 1(1)(b), (c) or (d) of the Abortion Act 1967 |
section 71(2)(b) | as appropriate health authority within the meaning of section 69(5) | the woman whose pregnancy is terminated after its 24th week by virtue of section 1(1)(b), (c) or (d) of the Abortion Act 1967 |
section 72(2)(b) | as appropriate health body within the meaning of section 72(5) | the woman whose pregnancy is terminated after its 24th week by virtue of section 1(1)(b), (c) or (d) of the Abortion Act 1967 |
section 74(4)(a) | as appropriate health body within the meaning of section 74(10) | the woman whose pregnancy ends in still-birth other than in consequence of the termination of the pregnancy by virtue of section 1(1)(b), (c) or (d) of the Abortion Act 1967 |
section 77(2)(c) | as relevant health body within the meaning of section 77(5) | the woman whose pregnancy ends in still-birth other than in consequence of the termination of the pregnancy by virtue of section 1(1)(b), (c) or (d) of the Abortion Act 1967 |
section 79(2)(c) | as appropriate health authority within the meaning of section 79(9) | the woman whose pregnancy ends on or before completion of its 24th week |
section 81(2)(a) | as appropriate health authority within the meaning of section 79(9) | the woman whose pregnancy ends on or before completion of its 24th week |
section 84(2) | as appropriate health authority within the meaning of section 79(9) | the woman whose pregnancy ends on or before completion of its 24th week. |
(3)
This paragraph applies where, by virtue of the provisions mentioned in column 1 of the following table the health authority (as the appropriate health authority or health body within the meaning of the provision mentioned in column 2 of the table) is authorised to make arrangements for the remains of the fetus to be buried or cremated
Column 1 | Column 2 | Column 3 |
|---|---|---|
Provision by virtue of which the health authority is authorised to make arrangements for burial or cremation | Appropriate health body | Reference to “woman” in schedule 4 |
section 71(5) | as appropriate health authority within the meaning of section 69(5) | the woman whose pregnancy is terminated after its 24th week by virtue of section 1(1)(b), (c) or (d) of the Abortion Act 1967 |
section 76(2) | as appropriate health body within the meaning of section 74(10) | the woman whose pregnancy ends in still-birth other than in consequence of the termination of the pregnancy by virtue of section 1(1)(b), (c) or (d) of the Abortion Act 1967 |
section 84(3) | as appropriate health authority within the meaning of section 79(9) | the woman whose pregnancy ends on or before completion of its 24th week. |
(4)
In this regulation and in schedule 4—
(a)
“health authority” (other than when it appears in the phrase “appropriate health authority”) has the meaning given in section 85(4),
(b)
“nearest relative” is to be construed in accordance with section 74(3) (read with section 74(7) to (9)), and
(c)
references to “the woman” are to be construed in accordance with the description in column 3 of the tables in paragraphs (2) and (3).