Contraception, Sterilisation, and Abortion Act 1977

  • This version was reprinted on 26 February 2016 to make corrections to section 2 under section 25(1)(j)(ii) of the Legislation Act 2012.
33 Determination of case

(1)

If, after considering the case, the certifying consultants are of the opinion that the case is one to which any of paragraphs (a) to (d) of subsection (1), or (as the case may require) subsection (3), of section 187A of the Crimes Act 1961 applies, they shall forthwith issue in accordance with subsection (5) of this section, a certificate in the prescribed form authorising the performance of an abortion.

(2)

If the certifying consultants are of the contrary opinion, they shall refuse to authorise the performance of an abortion.

(3)

If one of the certifying consultants is of the opinion that the case is one to which any of the said provisions applies and the other consultant is of the contrary opinion, they shall refer the case to another medical practitioner for his opinion, being a medical practitioner who is on the list of certifying consultants maintained under section 30(1).

(4)

If that other medical practitioner is of the opinion that the case is one to which any of the said provisions applies, the certifying consultant who is of the same opinion shall issue, in accordance with subsection (5), a certificate in the prescribed form authorising the performance of an abortion.

(5)

Where 2 certifying consultants determine that they should authorise an abortion, they shall forward the said certificate to the holder of the licence in respect of the licensed institution in which the abortion is to be performed.

(5A)

Where the operating surgeon is not one of the certifying consultants issuing the certificate, he shall endorse on the certificate a statement that he is willing to perform an abortion on the patient to whom the certificate relates, but a failure to comply with this requirement shall not invalidate the certificate for the purposes of section 37(1)(b) of this Act or section 187A(4) of the Crimes Act 1961.

(6)

If, in respect of any case, any certifying consultant has not reached a decision within 14 days after it was referred to him, he shall advise the Supervisory Committee in writing of the matter, and of the reasons for the delay.

Section 33(3): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 33(4): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 33(5): amended, on 10 July 1978, by section 3(1) of the Contraception, Sterilisation, and Abortion Amendment Act 1978 (1978 No 5).

Section 33(5A): inserted, on 10 July 1978, by section 3(2) of the Contraception, Sterilisation, and Abortion Amendment Act 1978 (1978 No 5).