Abortion (Guernsey) (Amendment) Law 2021

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PROJET DE LOI

ENTITLED

The Abortion (Guernsey) (Amendment) Law, 2021

THE States, in pursuance of their Resolution of the 24^th June, 2020[a], have approved the following provisions which, subject to the Sanction of Her Most Excellent Majesty in Council, shall have force of law in the Islands of Guernsey, Herm and Jethou.

Amendments to the 1997 Law.

1. The Abortion (Guernsey) Law, 1997[b]("the principal Law") is amended as follows.

2. In section 1 of the principal Law –

(a) repeal paragraph (a), and

(b) in paragraph (b), immediately after "of any", insert "other person, being a".

3. In section 2 of the principal Law, immediately after "of any", insert "other person, being a".

4. In section 3 of the principal Law –

(i) For the words beginning with "Subject to" and ending with "practitioners are", substitute "An authorised person shall not be guilty of an offence under section 1 or 2 where the authorised person terminates a pregnancy in any case where a recognised medical practitioner is",

(ii) for paragraph (c), substitute the following paragraph –

"(c) that, at the time of the diagnosis, there is a substantial risk that if the child were born it would suffer from a significant physical or mental impairment that would have a seriously debilitating effect on the child, or", and

(iii) in paragraph (d), for "twelfth", substitute "twenty-fourth",

(d) for subsections (2) and (3), substitute the following subsection–

"(2) For the purposes of subsection (1)(d), whether or not a pregnancy has exceeded its twenty-fourth week is to be determined and calculated in accordance with any guidance published by the Committee in any manner it considers appropriate for this purpose.".

5. In section 4 of the principal Law –

(e) in subsection (1), for "A recognised medical practitioner", substitute "An authorised person",

(f) in subsection (2) –

(iv) in paragraph (a), for "practitioners", substitute "practitioner",

(v) in paragraph (c), for "recognised medical practitioner", substitute "authorised person", and

(g) in subsection (3), for "Medical Officer of Health", substitute "Director of Public Health".

6. In section 5 of the principal Law –

(h) in subsection (1) –

(vi) for "the provisions of subsection (3)" substitute "subsections (3) and (3A) and any regulations made under subsection (5)",

(vii) immediately after "treatment", insert "of a woman",

(i) in subsection (3), for "to save the life of a pregnant woman.", substitute –

" –

(a) to save the life of the woman concerned, or

(b) to prevent serious injury to the physical or mental health of the woman concerned.",

(j) immediately after subsection (3), insert the following subsection –

"(3A) Subsection (1) does not apply unless the person who has a conscientious objection, without delay –

(a) in any case where the woman concerned has requested the person to participate in the treatment –

(i) informs that woman that she has a right to see another person who is lawfully authorised to participate in the treatment and does not have a conscientious objection, and

(i) ensures that that woman has sufficient information to enable her to exercise the right mentioned in subparagraph (i), and

(b) in any other case, makes any arrangements necessary to allow another person, who is lawfully authorised to participate in the treatment and does not have a conscientious objection, to participate in the treatment in place of the person who has a conscientious objection.", and

(k) immediately after subsection (4), insert the following subsections –

"(5) The Committee may by regulations –

(a) designate or limit the persons who may exercise the right to conscientious objection specified in subsection (1),

(b) impose any condition or requirement for the exercise of that right, and

(1) In this section, for the avoidance of doubt, a reference to participation in any treatment includes a reference to provision of the treatment.".

7. In section 6 of the Principal Law –

(l) immediately after "anything done", insert "by a person", and

(m) for "a woman", substitute "another person, being a woman,".

8. In section 8 of the principal Law, insert the following definition immediately before the definition of "the Committee" –

""authorised person" means –

(n) a recognised medical practitioner, or

(o) a person who is registered as a nurse or midwife in the register maintained by the Committee under section 3 of the Registered Health Professionals Ordinance, 2006,".

Extent.

9. This Law shall extend to the Islands of Guernsey, Herm and Jethou.

Citation.

10. This Law may be cited as the Abortion (Guernsey) (Amendment) Law, 2021.

Commencement.

11. This Law shall come into force on a date to be specified by regulations made by the Committee for Health & Social Care; and regulations may provide for different provisions of the Law to come into force on different dates.

[a]	Article V of Billet d'État No. XIII of 2020.
[b]	Ordres en Conseil Vol. XXXVII, p. 72; amended by Ordinance No. XXXIII of 2003 and No. IX of 2016.