Termination of
Pregnancy (Jersey) Law 1997[1]
A LAW to codify and amend the
customary law of Jersey relating to the termination of pregnancy by registered
medical practitioners
Commencement
[see endnotes]
1 Interpretation
(1) In this Law, unless the
context requires otherwise –
“approved place” shall be construed in accordance with Article 7;
“approved registered medical practitioner” shall be
construed in accordance with Article 6(1);
“consult” means consult in person, and cognate terms
shall be construed accordingly;
“first consultation” shall be construed in accordance
with Article 3(1);
“Medical Officer of Health” means the Inspecteur
Médical appointed under Article 10 of the Loi (1934) sur la Santé Publique;
“Minister” means the Minister for Health and Social
Services;
“registered medical practitioner” has the same meaning
as in the Medical Practitioners (Registration) (Jersey)
Law 1960;
“second consultation” shall be construed in accordance
with Article 3(3);
“termination” means termination of pregnancy.[2]
(2) In this Law, any
reference to an approved registered medical practitioner who is authorized to
carry out terminations means a person authorized under Article 6(2).
(3) In this Law, any
reference to carrying out a termination includes administering any drug for the
purpose of inducing a termination.
(4) For the purposes of
this Law, the extent of advancement of a pregnancy shall be calculated from the
beginning of the woman’s last menstrual period.
2 Circumstances in which termination is not to be unlawful
(1) A person shall not be
guilty of an offence under the law relating to abortion where a termination is
carried out by a registered medical practitioner who is of the opinion, formed
in good faith, that the termination is immediately necessary to save the life
of the woman.
(2) A person shall not be
guilty of an offence under the law relating to abortion where a termination is
carried out in an approved place by an approved registered medical practitioner
who is authorized to carry out terminations and either –
(a) 2
approved registered medical practitioners (one of whom practises in obstetrics
and gynaecology and one of whom practises in an area of medicine relevant to
any medical condition of the woman which necessitates the termination) having examined
the woman, are each of the opinion, formed in good faith, that the termination
is necessary to save her life or to prevent grave permanent injury to her
physical or mental health;
(b)
(i) 2 approved
registered medical practitioners (one of whom practises in obstetrics and
gynaecology and one of whom practises in paediatrics), having examined the woman,
are each of the opinion, formed in good faith, that there is a substantial risk
that, if the child were born, it would suffer from such physical or mental
abnormalities as to be seriously handicapped, and
(ii) the
termination is carried out before the end of the twenty-fourth week of the
pregnancy; or
(c)
(i) the woman’s
condition causes her distress and the requirements for consultation in Article 3
have been complied with,
(ii) the
termination is carried out before the end of the twelfth week of the pregnancy,
and
(iii) on
the day the termination is carried out, the woman is ordinarily resident in Jersey
or has been resident in Jersey for the period of 90 days immediately preceding
that day.[3]
3 Requirement for consultation
(1) A pregnant woman whose
condition causes her distress and who wishes to have a termination authorized
by Article 2(2), in the circumstances described in sub-paragraph (c)
of that paragraph, must consult a registered medical practitioner (the “first
consultation”).
(2) At the first
consultation, the registered medical practitioner shall –
(a) inform
the woman of the medical risks connected with termination;
(b) give
the woman such written information as the Minister may have published for the
purpose or, if none, written information about –
(i) the statutory
rights and entitlements of, and benefits available to, families, mothers and
children,
(ii) the
counselling services available to a pregnant woman wishing to have a
termination,
(iii) the
opportunities for adoption of the child, if born, and
(iv) the
names and addresses of approved places; and
(c) give
the woman a certificate confirming that the requirements of this paragraph have
been complied with.[4]
(3) If, following the first
consultation, the pregnant woman still wishes to have a termination she must
consult an approved registered medical practitioner who is authorized to carry
out terminations (the “second consultation”) and –
(a) produce
the certificate described in paragraph (2)(c); and
(b) confirm
her wish to have a termination.[5]
(4) Production of a
certificate given under paragraph (2)(c) to the approved registered
medical practitioner with whom the second consultation takes place shall be
sufficient proof that paragraph (1) has been complied with.
4 Referral following compliance with requirement for consultation
(1) Where Article 3
has been complied with and the approved registered medical practitioner with
whom the second consultation takes place will not carry out the termination the
medical practitioner shall –
(a) give
the woman a certificate of such compliance; and
(b) refer
the woman to another approved registered medical practitioner who is authorized
to carry out terminations.[6]
(2) Production of a
certificate given under paragraph (1) to an approved registered medical
practitioner who is authorized to carry out terminations shall be sufficient
proof that Article 3 has been complied with.
5 Conscientious objection to participation in treatment
(1) Subject to paragraph (2),
no person shall be under a duty, whether by contract or by any requirement
imposed by any enactment or by any other legal requirement, to participate in
any treatment authorized by this Law to which the person has a conscientious
objection.
(2) Nothing in paragraph (1)
shall affect any duty to participate in treatment which is necessary to save
the life of or prevent grave permanent injury to the physical or mental health
of a pregnant woman.
(3) In any legal
proceedings, the burden of proof of conscientious objection shall rest on the person
claiming to rely on it.
6 Approved registered medical practitioners
(1) The Minister may, from
time to time, approve any registered medical practitioner for the purposes of
this Law.
(2) The Minister may, from
time to time, authorize any approved registered medical practitioner to carry
out terminations of pregnancy in accordance with this Law.
(3) The Minister shall
maintain a list of registered medical practitioners for the time being approved
under paragraph (1) indicating which of them is authorized under paragraph (2).
7 Approved places
“Approved place” means –
(a) any
hospital maintained or controlled by the States or any administration thereof;
and
(b) any
institution for the time being registered under the Nursing
Homes (Jersey) Law 1994 as a nursing home where
terminations may be carried out.[7]
8 Supplementary provisions
(1) A person shall not be
guilty of an offence under the law relating to abortion where anything is done
with intent to procure a termination authorized by Article 2.
(2) In a case where a woman
is carrying more than one foetus, any treatment carried out with intent to
procure the miscarriage of any foetus is authorized by Article 2
if –
(a) the
ground for termination specified in paragraph (2)(b) of that Article
applies in relation to any foetus and the treatment is carried out for the
purpose of procuring the miscarriage of that foetus; or
(b) any
of the other grounds for termination specified in that Article apply.
(3) A person shall not be
guilty of an offence under the law relating to abortion by virtue of the fact
that, when a termination is carried out, the pregnancy has advanced beyond the
end of its twenty-fourth or twelfth week, as the case may be, if the approved
registered medical practitioner who carries out the termination is of the
opinion, formed in good faith, that the pregnancy has not so advanced.
9 [8]
10 Orders
(1) Subject to paragraph (2),
the Minister may by Order make provision for carrying this Law into effect and
in particular, but without prejudice to the generality of the foregoing,
may –
(a)
(b)
(c) regulate
the form, content and publishing of any information to be given under Article 3(2)(b)
where no information has been published by the Minister for the purpose;
(d) regulate
the provision of counselling services for pregnant women wishing to have a
termination;
(e)
(f)
(g) require
notice that a termination has been carried out to be given to the Medical
Officer of Health and such information relating to the termination to be supplied
to the Medical Officer of Health as he or she may reasonably require for the
purpose of reporting to the Minister upon the operation of this Law;
(h) specify
the form in which and the time within which any medical opinion must be
certified, any notice given, or any information supplied;
(i) require
the keeping and disposal of any certified medical opinion or certificate
required under this Law;
(j) provide
that a contravention of or failure to comply with any specified provision of
the Order shall be an offence and that a person guilty of such an offence shall
be liable to a fine up to level 3 on the standard scale.[9]
(2) No provision of an Order
made under paragraph (1) shall require a registered medical practitioner
to give any notice or supply any information to the Medical Officer of Health
which would identify the woman whose pregnancy is terminated.
(3) An Order made under paragraph (1)
may –
(a) make
different provision in relation to different cases or circumstances; and
(b) contain
such incidental, supplemental and transitional provision as the Minister
considers necessary or expedient.
(4) [10]
10A Forms[11]
(1) An approved registered
medical practitioner shall make a record of and certify his or her opinion
referred to in Article 2 by completing a form printed and made available
by the Minister for the purpose.
(2) The certificate given
by a registered medical practitioner to a woman under Article 3(2)(c) or
4(1)(a) shall be in a form printed and made available by the Minister for the
purpose and signed by the registered medical practitioner.
(3) A person who fails to
comply with paragraph (1) or (2) shall be guilty of an offence and liable
to a fine of level 2 on the standard scale.
11 Citation
This Law may be cited as the Termination of Pregnancy (Jersey)
Law 1997.