Statutory Instruments
1991 No. 460 (S.41)
MEDICAL PROFESSION
The Abortion (Scotland) Regulations 1991
Made
4th March 1991
Laid before Parliament
7th March 1991
Coming into force
1st April 1991
The Secretary of State, in exercise of the powers conferred on him by section 2 of the Abortion Act 1967(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement and extent
1. These Regulations may be cited as the Abortion (Scotland) Regulations 1991, shall extend to Scotland only and shall come into force on 1st April 1991.
Interpretation
2. In these Regulations “the Act” means the Abortion Act 1967 and “practitioner” means a registered medical practitioner.
Certificate of opinion
3.—(1) Any opinion to which section 1 of the Act refers shall be certified—
(a)in the case of a pregnancy terminated in accordance with section 1(1) of the Act, in the form set out in Part I of Schedule 1 to these Regulations; and
(b)in the case of a pregnancy terminated in accordance with section 1(4) of the Act, in the form set out in Part II of that Schedule.
(2) Any certificate of an opinion referred to in section 1(1) of the Act shall be given before the commencement of the treatment for the termination of the pregnancy to which it relates.
(3) Any certificate of an opinion referred to in section 1(4) of the Act shall be given before the commencement of the treatment for the termination of the pregnancy to which it relates or, if that is not reasonably practicable, not later than 24 hours after such termination.
(4) Any such certificate as is referred to in paragraphs (2) and (3) of this regulation shall be preserved by the practitioner who terminated the pregnancy to which it relates for a period of not less than three years beginning with the date of the termination.
(5) A certificate which is no longer to be preserved shall be destroyed by the person in whose custody it then is.
Notice of termination of pregnancy and information relating to the termination
4. Any practitioner who terminates a pregnancy in Scotland shall within 7 days of the termination give to the Chief Medical Officer of the Scottish Home and Health Department—
(a)notice of the termination; and
(b)such other information relating to the termination as is specified in the form set out in Schedule 2 to these Regulations,
and shall do so by sending them by post or delivering them in a sealed envelope within 7 days of the termination.
Restriction on disclosure of information
5. A notice given or any information furnished to the Chief Medical Officer in pursuance of these Regulations shall not be disclosed except that disclosure may be made—
(a)for the purposes of carrying out his duties to an officer of the Department or of the Common Services Agency for the Scottish Health Service authorised by the Chief Medical Officer of that Department; or
(b)for the purposes of carrying out his duties in relation to offences under the Act or the law relating to abortion, to the Lord Advocate or to the Procurator Fiscal or a member of the staff of either of them authorised by them; or
(c)for the purposes of investigating whether an offence has been committed under the Act or the law relating to abortion, to a police officer not below the rank of superintendent or a person authorised by him; or
(d)pursuant to a court order, for the purposes of court proceedings which have begun; or
(e)for the purposes of bona fide scientific research; or
(f)to the practitioner who terminated the pregnancy; or
(g)to a practitioner, with the consent in writing of the woman whose pregnancy was terminated; or
(h)when requested by the President of the General Medical Council for the purpose of investigating whether there has been serious professional misconduct by a practitioner, to the President of the General Medical Council or a member of its staff authorised by him.
Revocations
6. The Regulations specified in Schedule 3 to these Regulations are hereby revoked.
Michael B. Forsyth
Minister of State, Scottish Office
St. Andrew’s House,
Edinburgh
4th March 1991
Regulation 3(1)
SCHEDULE 1
PART I
PART II
Regulation 4
SCHEDULE "
Regulation 6
SCHEDULE 3REVOCATIONS
Explanatory Note
(This note is not part of the Regulations)
hese Regulations (which extend to Scotland only) are made under section 2 of the Abortion Act 1967, and replace the Abortion (Scotland) Regulations 1968 and the three sets of amending regulations. These Regulations make new provision to take account in particular of the amendments to the Abortion Act 1967 made by section 37 of the Human Fertilisation and Embryology Act 1990 (c. 37), including the new grounds for abortion introduced by those amendments.
The Regulations—
(a)prescribe forms for the purpose of certifying opinions under section 1 of the Act and the time for such certification (regulation 3(1), (2) and (3) and Schedule 1);
(b)provide for the preservation and disposal of such certificates (regulation 3(4) and (5));
(c)require notice of the abortion, and information relevant to it, to be given to the Chief Medical Officer in Scotland (regulation 4 and Schedule 2);
(d)restrict the disclosure of such notices and information (regulation 5); and
(e)revoke the Abortion (Scotland) Regulations 1968 and the three sets of amending regulations (regulation 6 and Schedule 3).