Supplementary Order Paper No 462

Clause 7

In clause 7, after new section 11 (page 6, after line 1), insert:

11A Provision of abortion services to woman who is not competent to make an informed choice and give informed consent

(1)

Prior to providing abortion services to a woman, the qualified health practitioner must determine whether the woman has capacity to—

(a)

make an informed choice; and

(b)

provide informed consent to abortion services.

(2)

In the event that the qualified health practitioner considers under subsection (1) that the woman does not have capacity to make an informed choice and to provide informed consent, consent may be given—

(a)

by a legal guardian of the woman; or

(b)

by the court or an agent of the court following an application for the exercise of the court’s jurisdiction under the relevant provisions of—

(i)

the Care of Children Act 2004:

(ii)

the Protection of Personal and Property Rights Act 1988:

(iii)

any other relevant statute.

(3)

In the event that the qualified health practitioner accepts consent that is given under subsection (2),—

(a)

the promotion and protection of the welfare and best interests of the woman must be the first and paramount consideration; and

(b)

any person considering the welfare and best interests of the woman must—

(i)

consider and facilitate the woman’s past and present views to the greatest extent possible; and

(ii)

consult with a medical practitioner who has the relevant expertise to assess—

(A)

the woman’s condition; and

(B)

the likely effect on the woman of both the continuance of the pregnancy and the provision of abortion services.