Statutory Instrument 2002 No. 887

      The Abortion (Amendment) (England) Regulations 2002


      © Crown Copyright 2002

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STATUTORY INSTRUMENTS


2002 No. 887

MEDICAL PROFESSION, ENGLAND

The Abortion (Amendment) (England) Regulations 2002

  Made 27th March 2002 
  Laid before Parliament 28th March 2002 
  Coming into force 18th April 2002 

The Secretary of State for Health, in exercise of the powers conferred by section 2 of the Abortion Act 1967[1] and now vested in him[2], and of all other powers enabling him in that behalf, hereby makes the following Regulations: - 

Citation, commencement, interpretation and extent
     1.  - (1) These Regulations may be cited as the Abortion (Amendment) (England) Regulations 2002, and shall come into force on 18th April 2002.

    (2) In these Regulations "the principal Regulations" means the Abortion Regulations 1991[
3].

    (3) These Regulations extend to England only.

Substitution of regulation 2
     2. For Regulation 2 (interpretation) of the principal Regulations substitute - 

Amendment of regulation 3
     3. For regulation 3(1) of the principal Regulations (certificate of opinion) substitute - 

Amendment of regulation 4
    
4. In regulation 4 of the principal Regulations (notice of termination): - 

Amendment of regulation 5
    
5. In regulation 5 of the principal Regulations (restriction on disclosure of information): - 

Substitution
    
6. For Schedule 2 to the principal Regulations (abortion notification) there is substituted the Schedule set out in the Schedule to these Regulations.



Signed by authority of the Secretary of State for Health


Yvette Cooper
Parliamentary Under Secretary of State, Department of Health

27th March 2002



SCHEDULE
Regulation 6







EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations which extend to England amend the Abortion Regulations 1991 ("the principal Regulations").

They amend regulation 3 of the principal Regulations to provide for certificates of opinion given pursuant to sections 1(1) and 1(4) of the 1967 Act to be given either in the form set out in Part I and Part II of the Schedule to those Regulations or in a certificate containing the information specified in that regulation (regulation 3).

They substitute a new Schedule 2 to the principal Regulations specifying the information to be notified to the Chief Medical Officer on the termination of a pregnancy and provide for the notification to be sent in a sealed envelope or transmitted as an electronic communication using an electronic communications system used solely for the transfer of confidential information to him within 14 days of the termination (regulations 4 and 6).

They also provide for the notice of termination of pregnancy and accompanying information to be disclosed to an individual authorised by the Chief Medical Officer who is engaged in setting up, maintaining and supporting a computer system used for the purpose of recording, processing and holding such notice or information (regulation 5(a)) and to a woman whose pregnancy has been terminated, on her supplying to the Chief Medical Officer written details of her date of birth, the date and place of the termination and a copy of the certificate of registration of her birth certified as a true copy of the original by a solicitor or a practitioner (regulation 5(b)).


Notes:

[1] 1967 c.87; section 2(2) was amended by the Transfer of Functions (Wales) Order 1969 (S.I. 1969/388), article 2(2) and Schedule 1, and by the Transfer of Functions (Health and Social Security) Order 1988 (S.I. 1988/1843), article 5(4) and Schedule 3, and by the Scotland Act 1998 (Consequential Modifications) (No. 1) Order 1999 (S.I. 1999/1042) article 5 and Schedule 3. As regards Wales, the functions of the Secretary of State under section 2 of the Act are transferred to the National Assembly for Wales under article 2 of, and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672. As regards Scotland, the functions of the Secretary of State under section 2 of the Act are transferred, in so far as they are exercisable in or as regards Scotland, to the Scottish Ministers, under article 2 of, and Schedule 1 to the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999, S.I. 1999/175.back

[2] See the Secretary of State for Social Services Order 1968 (S.I. 1968/1699).back

[3] S.I. 1991/499.back

[4] 2000 c.7.back

[5] 1974 c.47.back



ISBN 0 11 039719 3


 

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Prepared 12 April 2002