The Abortion (Northern Ireland) Regulations 2020 (revoked)

Statutory Instruments

2020 No. 345

Health And Personal Social Services, Northern Ireland

The Abortion (Northern Ireland) Regulations 2020

Made

at 10.30 a.m. on 25th March 2020

Laid before Parliament

at 1.30 p.m. on 25th March 2020

Coming into force

31st March 2020

The Minister of State makes these Regulations in exercise of the powers conferred by sections 9 and 11 of the Northern Ireland (Executive Formation etc) Act 2019 M1 .

Marginal Citations

M1 2019 c. 22.

PART 1 N.I.

Introductory N.I.

Citation, commencement and extent N.I.

1.  These Regulations—

(a) may be cited as the Abortion (Northern Ireland) Regulations 2020;

(b) come into force on 31st March 2020;

(c) extend to Northern Ireland only.

Commencement Information

I1 Reg. 1 in force at 31.3.2020, see reg. 1(b)

Interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954 M2 applies to these Regulations as it applies to an Act of the Northern Ireland Assembly.

(2) In these Regulations—

“the Department” means the Department of Health in Northern Ireland;

“registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983 M3 who holds a licence to practise under that Act;

“registered”, in relation to a nurse or midwife, means registered in the register maintained under article 5 of the Nursing and Midwifery Order 2001 M4 by virtue of qualifications in nursing or midwifery, as the case may be;

“registered medical professional” means—

(a)

a registered medical practitioner;

(b)

a registered midwife;

(c)

a registered nurse;

“termination” means a termination of pregnancy;

(3) References in these Regulations to a woman include a person of any age who is pregnant.

(4) References in these Regulations to the termination of pregnancy are references to its termination (whether by medical or surgical means) as regards any fetus in circumstances where it is intended that that fetus will not be delivered alive.

Commencement Information

I2 Reg. 2 in force at 31.3.2020, see reg. 1(b)

Marginal Citations

M2 1954 c. 33 (N.I.).

M3 1983 c. 54, as amended by S.I. 2000/3041, 2002/3135, 2006/1914, 2007/3101, 2008/1774, 2019/593. There are other amending instruments but none is relevant.

M4 S.I. 2002/253, as amended by S.I. 2009/1182 and 2018/838. There are other amending instruments but none is relevant.

PART 2 N.I.

Grounds for termination: cases with gestational limit N.I.

Pregnancy not exceeding 12 weeks N.I.

3.  A registered medical professional may terminate a pregnancy where a registered medical professional is of the opinion, formed in good faith, that the pregnancy has not exceeded its 12th week.

Commencement Information

I3 Reg. 3 in force at 31.3.2020, see reg. 1(b)

Risk to physical or mental health where pregnancy not exceeding 24 weeks N.I.

4.—(1) A registered medical professional may terminate a pregnancy where two registered medical professionals are of the opinion, formed in good faith, that—

(a) the pregnancy has not exceeded its 24th week; and

(b) the continuance of the pregnancy would involve risk of injury to the physical or mental health of the pregnant woman which is greater than if the pregnancy were terminated.

(2) In forming an opinion as to the matter mentioned in paragraph (1)(b), account may be taken of the pregnant woman's actual or reasonably foreseeable circumstances.

Commencement Information

I4 Reg. 4 in force at 31.3.2020, see reg. 1(b)

PART 3 N.I.

Grounds for termination: cases with no gestational limit N.I.

Immediate necessity N.I.

5.  A registered medical professional may terminate a pregnancy where a registered medical professional is of the opinion, formed in good faith, that the termination is immediately necessary to save the life, or to prevent grave permanent injury to the physical or mental health, of the pregnant woman.

Commencement Information

I5 Reg. 5 in force at 31.3.2020, see reg. 1(b)

Risk to life or grave permanent injury to physical or mental health of pregnant woman N.I.

6.  A registered medical professional may terminate a pregnancy where two registered medical professionals are of the opinion, formed in good faith, that—

(a) the termination is necessary to prevent grave permanent injury to the physical or mental health of the pregnant woman; or

(b) the continuance of the pregnancy would involve risk to the life of the pregnant woman which is greater than if the pregnancy were terminated.

Commencement Information

I6 Reg. 6 in force at 31.3.2020, see reg. 1(b)

Severe fetal impairment or fatal fetal abnormality N.I.

7.—(1) A registered medical professional may terminate a pregnancy where two registered medical professionals are of the opinion, formed in good faith, that there is a substantial risk that the condition of the fetus is such that—

(a) the death of the fetus is likely before, during or shortly after birth; or

(b) if the child were born, it would suffer from such physical or mental impairment as to be seriously disabled.

(2) In the case of a woman carrying more than one fetus, anything done to terminate the pregnancy as regards a particular fetus is authorised by paragraph (1) only if that paragraph applies in relation to that fetus.

Commencement Information

I7 Reg. 7 in force at 31.3.2020, see reg. 1(b)

PART 4 N.I.

Places where treatment for terminations may be carried out N.I.

Places where treatment for terminations may be carried out N.I.

8.—(1) Any treatment for the termination of pregnancy must be carried out—

(a) in an HSC hospital;

(b) at a clinic provided by an HSC trust for the purpose of carrying out terminations (whether or not the clinic also provides other services);

(c) at premises used to provide primary medical services in accordance with arrangements under the Health and Personal Social Services (Northern Ireland) Order 1972 M5 ;

(d) in the case of the second stage of treatment for termination where the conditions mentioned in paragraph (2) are satisfied, in the home of the pregnant woman; or

(e) at a place approved under paragraph (3).

(2) The conditions mentioned in paragraph (1)(d) are that—

(a) the woman undergoing treatment for the termination of pregnancy has attended a place mentioned in sub-paragraph (a), (b) or (c) of paragraph (1) where she has been prescribed Mifepristone and Misoprostol to be taken for the purposes of terminating the pregnancy;

(b) the woman has taken Mifepristone at that place; and

(c) the pregnancy has not exceeded its 10th week.

(3) The Department may, for the purposes of these Regulations, approve a place for the carrying out of terminations.

(4) The power under paragraph (3) to approve a place includes power, in relation to a termination carried out by means consisting primarily in the use of such medicines as may be specified in the approval and carried out in such manner as may be so specified, to approve a class of places.

(5) An approval under this regulation—

(a) must be given in writing;

(b) must be published by the Department in such manner as it thinks appropriate.

(6) In this regulation—

“home”, in relation to a woman, means the place in Northern Ireland where the woman has her permanent address or usually resides;

“HSC hospital” means a hospital managed by an HSC trust;

“HSC trust” means a health and social care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 M6 ;

“second stage of treatment” means the taking of the medicine Misoprostol.

Commencement Information

I8 Reg. 8 in force at 31.3.2020, see reg. 1(b)

Marginal Citations

M5 S.I. 1972/1265 (N.I. 14), as amended by the Health and Social Care (Reform) Act (Northern Ireland) 2009 c.1 (N.I.), S.I. 2004/311 (N.I. 2).

M6 S.I. 1991/194 (N.I. 1), as amended by the Health and Social Care (Reform) Act (Northern Ireland) 2009 c.1 (N.I.), the Health and Personal Social Services Act (Northern Ireland) 2001 c.3 (N.I.), S.I. 1994/429 (N.I. 2), S.I. 1997/1177 (N.I.7).

PART 5 N.I.

Certification of opinion and notification of termination N.I.

Certification of opinion by registered medical professional N.I.

9.—(1) An opinion given for the purposes of these Regulations must be certified—

(a) in a case falling within regulation 3 or 5, in a certificate signed and dated by the registered medical professional;

(b) in a case falling within regulation 4, 6 or 7, in a certificate signed and dated by both registered medical professionals.

(2) The certificate in a case falling within regulation 3 or 5 must state—

(a) the full name and address of the registered medical professional;

(b) the Health and Care number of the pregnant woman;

(c) whether or not the registered medical professional has seen, or seen and examined, the pregnant woman; and

(d) that the registered medical professional is of the opinion, formed in good faith, that the ground mentioned in the regulation in question is fulfilled.

(3) The certificate in a case falling within regulation 4, 6 or 7 must state—

(a) the full name and address of each of the registered medical professionals;

(b) the Health and Care number of the pregnant woman;

(c) whether or not each registered medical professional has seen, or seen and examined, the pregnant woman; and

(d) that each registered medical professional is of the opinion, formed in good faith, that one and the same ground mentioned in the regulation in question is fulfilled.

(4) A certificate must be given—

(a) before the commencement of the treatment for the termination of the pregnancy to which it relates; or

(b) in the case of a termination falling within regulation 5 where compliance with sub-paragraph (a) is not reasonably practicable, not later than 24 hours after the termination.

(5) A certificate—

(a) must be preserved by the registered medical professional who terminated the pregnancy to which it relates for a period of not less than 3 years beginning with the date of termination; and

(b) must, at the end of that period, be destroyed by the person in whose custody it then is.

(6) A person who intentionally contravenes any provision of this regulation commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(7) Proceedings in respect of an offence under paragraph (6) may be brought only by, or with the consent of, the Director of Public Prosecutions for Northern Ireland.

(8) The Department may provide forms for the purpose of certifying the opinions of registered medical professionals.

Commencement Information

I9 Reg. 9 in force at 31.3.2020, see reg. 1(b)

Notification of termination to Chief Medical Officer N.I.

10.—(1) A registered medical professional who terminates a pregnancy must give to the Chief Medical Officer of the Department—

(a) notice of the termination; and

(b) such other information relating to the termination as is specified in the Schedule to these Regulations.

(2) Notice and information under paragraph (1) must be given—

(a) within 14 days beginning with—

(i) in a case where the termination is by treatment with Mifepristone, the date of that treatment; or

(ii) in all other cases, the date on which the termination occurred; and

(b) in a sealed envelope or by e-mail.

(3) Any notice or information given to the Chief Medical Officer under this regulation must not be disclosed except—

(a) for the purpose of carrying out the functions of the Department, to an officer of the Department authorised by the Chief Medical Officer;

(b) for the purpose of carrying out the functions of the Registrar General for Northern Ireland, to the Registrar General or a member of the staff of the General Register Office;

(c) for the purpose of investigating whether an offence has been committed under these Regulations, to a police officer not below the rank of superintendent or a person authorised by that officer;

(d) for the purpose of carrying out functions in relation to offences under these Regulations, to the Director of Public Prosecutions for Northern Ireland or a member of the staff of the Public Prosecution Service authorised by the Director;

(e) pursuant to a court order, for the purposes of proceedings which have begun;

(f) for the purposes of bona fide scientific research;

(g) to the registered medical professional who terminated the pregnancy;

(h) to a registered medical professional, with the consent in writing of the woman whose pregnancy was terminated;

(i) to the General Medical Council or the Nursing and Midwifery Council when requested by that Council for the purpose of investigating whether the fitness to practise of a registered medical professional is impaired; or

(j) to the woman whose pregnancy was terminated, on her supplying to the Chief Medical Officer the date and place of the termination and written evidence of her identity.

(4) A person who intentionally contravenes any provision of this regulation commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(5) Proceedings in respect of an offence under paragraph (4) may be brought only by, or with the consent of, the Director of Public Prosecutions for Northern Ireland.

(6) The Department may provide forms for the purpose of giving notice and information under paragraph (1).

Commencement Information

I10 Reg. 10 in force at 31.3.2020, see reg. 1(b)

PART 6 N.I.

Unlawful terminations N.I.

Offence to terminate a pregnancy otherwise than in accordance with these Regulations N.I.

11.—(1) A person who, by any means, intentionally terminates or procures the termination of the pregnancy of a woman otherwise than in accordance with regulations 3 to 8 of these Regulations commits an offence.

(2) But paragraph (1) does not apply—

(a) to the woman herself; or

(b) where the act which caused the termination was done in good faith for the purpose only of saving the woman's life or preventing grave permanent injury to the woman's physical or mental health.

(3) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) Proceedings in respect of an offence under paragraph (1) may be brought only by, or with the consent of, the Director of Public Prosecutions for Northern Ireland.

Commencement Information

I11 Reg. 11 in force at 31.3.2020, see reg. 1(b)

PART 7 N.I. Conscientious objection

Conscientious objection to participation in treatment authorised by these Regulations N.I.

12.—(1) Except as provided by paragraph (3), a person is not under a duty to participate in any treatment authorised by these Regulations to which the person has a conscientious objection.

(2) Paragraph (1) applies whether the duty arises under contract or under any statutory or other legal requirement.

(3) Paragraph (1) does not affect 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) In any legal proceedings the burden of proof of conscientious objection rests on the person claiming to rely on it.

Commencement Information

I12 Reg. 12 in force at 31.3.2020, see reg. 1(b)

PART 8 N.I.

Amendments N.I.

Amendments to offence of child destruction N.I.

13.—(1) Section 25 of the Criminal Justice Act (Northern Ireland) 1945 M7 (offence of child destruction) is amended as follows.

(2) In subsection (1) for “sub-section” substitute “ section ”.

(3) After subsection (1) insert—

“(1A) Subsection (1) does not apply to—

(a) the pregnant woman herself; or

(b) a registered medical professional (within the meaning of the Abortion (Northern Ireland) Regulations 2020) who terminates a pregnancy in accordance with regulations 3 to 8 of those Regulations.”.

(4) At the end insert—

“(3) Proceedings in respect of an offence under subsection (1) may be brought only by, or with the consent of, the Director of Public Prosecutions for Northern Ireland.”.

Commencement Information

I13 Reg. 13 in force at 31.3.2020, see reg. 1(b)

Marginal Citations

M7 1945 c. 15 (N.I.). Section 25 was amended by the Criminal Justice Act (Northern Ireland) 1953 c.14 (N.I.).

Amendments consequential on the repeal of sections 58 and 59 of the Offences against the Person Act 1861 N.I.

14.—(1) In the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 M8 omit section 4 (Secretary of State's guidance).

(2) In section 26 of the Criminal Justice Act (Northern Ireland) 1945 (prosecution of child destruction offence) omit—

(a) in subsection (1), the words from “or for an offence under section fifty-eight” to “procure abortion)” and the words “or of an offence under the said section fifty-eight”; and

(b) subsection (2).

Commencement Information

I14 Reg. 14 in force at 31.3.2020, see reg. 1(b)

Marginal Citations

M8 2018 c. 28; section 4 was partially repealed by S.I. 2019/1514, reg. 5(2).

PART 9 N.I.

Consent to treatment N.I.

Consent to treatment N.I.

15.  Nothing in these Regulations affects any statutory provision or rule of law relating to consent to medical treatment.

Commencement Information

I15 Reg. 15 in force at 31.3.2020, see reg. 1(b)

Robin Walker

Minister of State

Northern Ireland Office

Regulation 10

SCHEDULE N.I. Information to be supplied in a notification under regulation 10

1.  The full name and address of the registered medical professional who terminated the pregnancy and the General Medical Council or Nursing and Midwifery Council registration number of the medical professional. N.I.

Commencement Information

I16 Sch. para. 1 in force at 31.3.2020, see reg. 1(b)

2.  In relation to each registered medical professional who gave a certificate of opinion under these Regulations— N.I.

(a) the full name and address of the registered medical professional and the General Medical Council or Nursing and Midwifery Council registration number of the medical professional, and

(b) whether that medical professional saw, or saw and examined, the woman whose pregnancy was terminated before giving the certificate.

Commencement Information

I17 Sch. para. 2 in force at 31.3.2020, see reg. 1(b)

3.  The following details about the woman whose pregnancy was terminated— N.I.

(a) Health and Care number;

(b) age;

(c) in the case of a woman resident in the United Kingdom, postal district or, if that is unavailable, place of residence;

(d) in the case of a woman resident outside the United Kingdom, place of residence;

(e) the number of complete weeks of gestation;

(f) ethnicity (if disclosed by the woman);

(g) marital status (if disclosed by the woman);

(h) the number of previous livebirths, stillbirths, miscarriages and terminations.

Commencement Information

I18 Sch. para. 3 in force at 31.3.2020, see reg. 1(b)

4.  The date and method of feticide (if appropriate). N.I.

Commencement Information

I19 Sch. para. 4 in force at 31.3.2020, see reg. 1(b)

5.  In a case where the termination is by surgery— N.I.

(a) the name and address of the place where the termination was carried out;

(b) the date of termination;

(c) the method of termination used; and

(d) in cases where the dates are different, the date of admission to the place of termination and the date of discharge from the place of termination.

Commencement Information

I20 Sch. para. 5 in force at 31.3.2020, see reg. 1(b)

6.  In a case where the termination is by non-surgical means— N.I.

(a) the date and place of treatment with Mifepristone;

(b) the date and place of treatment with Misoprostol;

(c) the date on which the termination is confirmed (if known);

(d) details of other agents used and the date of administration (if appropriate); and

(e) the date of discharge if an overnight stay is required.

Commencement Information

I21 Sch. para. 6 in force at 31.3.2020, see reg. 1(b)

7.  The grounds certified for terminating the pregnancy contained in the certificate of opinion given under these Regulations together with the following additional information— N.I.

(a) in a case falling within regulation 5 or 6, the main medical conditions of the woman concerned;

(b) in a case falling within regulation 7, whether or not there was a risk to the woman's mental health and if not, her main medical conditions;

(c) in a case falling within regulation 8, the primary and any other fetal abnormalities diagnosed, together with the method of diagnosis used.

Commencement Information

I22 Sch. para. 7 in force at 31.3.2020, see reg. 1(b)

8.  In a case of selective termination, the original number of fetuses and the number of fetuses remaining. N.I.

Commencement Information

I23 Sch. para. 8 in force at 31.3.2020, see reg. 1(b)

9.  Whether or not the woman whose pregnancy was terminated was offered chlamydia screening. N.I.

Commencement Information

I24 Sch. para. 9 in force at 31.3.2020, see reg. 1(b)

10.  Particulars of any complications experienced by the woman up to the date of discharge. N.I.

Commencement Information

I25 Sch. para. 10 in force at 31.3.2020, see reg. 1(b)

11.  In the case of the death of the woman, the date and cause of death. N.I.

Commencement Information

I26 Sch. para. 11 in force at 31.3.2020, see reg. 1(b)

Explanatory Note

(This note is not part of the Regulations)

M9 These Regulations make provision for the purpose of regulating abortions in Northern Ireland following the repeal, by section 9 of the Northern Ireland (Executive Formation etc) Act 2019, of sections 58 and 59 of the Offences against the Person Act 1861 .

The Regulations authorise abortions to be carried out by a ‘registered medical professional’, as defined in regulation 2, in a place referred to in regulation 8 where one of the grounds set out in regulations 3 to 7 is fulfilled. The remaining regulations deal with certification and notification of various matters by registered medical professionals, offences, conscientious objection and consequential amendments.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.