1991 No. 480 (C.10)
The Human Fertilisation and Embryology Act 1990 (Commencement No. 2 and Transitional Provision) Order 1991
Made
In exercise of powers conferred by section 49(2) and (6) of the Human Fertilisation and Embryology Act 19901 and of all other powers enabling me in that behalf, I hereby make the following Order:
Citation1
This Order may be cited as the Human Fertilisation and Embryology Act 1990 (Commencement No. 2 and Transitional Provision) Order 1991.
Appointed day2
1st April 1991 is the day appointed for the coming into force of the following provisions of the Human Fertilisation and Embryology Act 1990—
a
section 37 (amendments to the Abortion Act 19672), and
b
section 48(1) (extent) so far as it relates to section 37.
Transitional provision3
1
In this Article—
“the commencement date” means 1st April 1991;
“the transitional period” means the perios of one month beginning with the commencement date;
“the Act” means the Abortion Act 1967; and
“the old regulations” means the regulations made under section 2 of the Act in force immediately before the commencement date3.
2
Where immediately before the commencement date only one of the two registered medical practitioners whose opinions are referred to in section 1(1) of the Act as it was then in force has formed his opinion and (in accordance with the provisions of the old regulations) has certified it, the second medical practitioner, if he certifies his opinion during the transitional period, shall also do so in terms of that subsection as it was in force immediately before the commencement date, and in accordance with the provisions of the old regulations.
3
In relation to any termination during the transitional period of a pregnancy falling within paragraph (4) below—
a
subject to paragraph (5) below, the Act shall apply as if the amendments brought into force by this Order had not been made, and
b
notice of the termination and other information relating to the termination shall be given to the appropriate Chief Medical Officer in accordance with the provisions of the old regulations.
4
A pregnancy falls within this paragraph if the opinions referred to in section 1(1) of the Act relating to the pregnancy are certified in the form prescribed by the old regulations (whether because both opinions were certified before the commencement date, or because the first opinion was certified before the commencement, and the second opinion was certified after the commencement date in accordance with paragraph (2) above).
5
Where a pregnancy falling within paragraph (4) above is terminated during the transiitional period in reliance upon the opinion of two registered medical practitioners that the continuance of the pregnancy would involve risk of injury to the physical or mental health of the pregnant women or any exisiting children of her family, greater than if the pregnancy were terminated, paragraph (3)(a) above applies in relation to that termination only if the registered medical practitioner who terminates the pregnancy is of the opinion, formed in good faith, that the pregnancy has not exceeded its twenty-fourth week.
(This note is not part of the Order)
(This note is not part of the Order)
This Order has been preceded by one earlier Order, entitled the Human Fertilisation and Embryology Act 1990 (Commenmcement No. 1) Order 1990 (S.I 1990/2165), made on 2nd November 1990. That Order brought into force on 7th November 1990 the provisions of the Human Fertilisation and Embryology Act 1990 set out in the following Table.
Provisions of the Human Fertilisation and Embryology Act 1990 brought into force on 7th November 1990 by S.I. 1990/2165
Column 1 | Column 2 |
---|---|
Provision of the Act | Subject Matter |
Section 2(1) (psrtially) | Interpretation of certain terms |
Section 5 | The Human Fertilisation and Embryology Authority |
Section 6 | Accounts and audit |
Section 7 | Reports to Secretary of State |
Section 26 | Procedure for approval of Code of Practice |
Section 33(1), (2)(b) and (4) | Restrictions on disclosure of information |
Section 36 | Amendment of Surrogacy Arrangements Act 1985 |
Section 40 | Power to enter premises |
Section 41(5), (6) and (9) (partially) | Offences |
Section 42 | Consent to prosecution |
Section 48(1)(partially) | Northern Ireland |
Section 49(1), (2), (6) and (7) | Short title, commencement etc. |
Schedule 1 | The Authority: Supplementary Provisions |