Search Legislation

Female Genital Mutilation Act 2003

What Version

 Help about what version

Advanced Features

 Help about advanced features

Opening Options

 Help about opening options

Status:

This version of this Act contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Female Genital Mutilation Act 2003. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

E+W+N.I.

Prospective

Female Genital Mutilation Act 2003

2003 CHAPTER 31

An Act to restate and amend the law relating to female genital mutilation; and for connected purposes.

[30th October 2003]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Prospective

1Offence of female genital mutilationE+W+N.I.

(1)A person is guilty of an offence if he excises, infibulates or otherwise mutilates the whole or any part of a girl’s labia majora, labia minora or clitoris.

(2)But no offence is committed by an approved person who performs—

(a)a surgical operation on a girl which is necessary for her physical or mental health, or

(b)a surgical operation on a girl who is in any stage of labour, or has just given birth, for purposes connected with the labour or birth.

(3)The following are approved persons—

(a)in relation to an operation falling within subsection (2)(a), a registered medical practitioner,

(b)in relation to an operation falling within subsection (2)(b), a registered medical practitioner, a registered midwife or a person undergoing a course of training with a view to becoming such a practitioner or midwife.

(4)There is also no offence committed by a person who—

(a)performs a surgical operation falling within subsection (2)(a) or (b) outside the United Kingdom, and

(b)in relation to such an operation exercises functions corresponding to those of an approved person.

(5)For the purpose of determining whether an operation is necessary for the mental health of a girl it is immaterial whether she or any other person believes that the operation is required as a matter of custom or ritual.

2Offence of assisting a girl to mutilate her own genitaliaE+W+N.I.

A person is guilty of an offence if he aids, abets, counsels or procures a girl to excise, infibulate or otherwise mutilate the whole or any part of her own labia majora, labia minora or clitoris.

3Offence of assisting a non-UK person to mutilate overseas a girl’s genitaliaE+W+N.I.

(1)A person is guilty of an offence if he aids, abets, counsels or procures a person who is not a United Kingdom national or permanent United Kingdom resident to do a relevant act of female genital mutilation outside the United Kingdom.

(2)An act is a relevant act of female genital mutilation if—

(a)it is done in relation to a United Kingdom national or permanent United Kingdom resident, and

(b)it would, if done by such a person, constitute an offence under section 1.

(3)But no offence is committed if the relevant act of female genital mutilation—

(a)is a surgical operation falling within section 1(2)(a) or (b), and

(b)is performed by a person who, in relation to such an operation, is an approved person or exercises functions corresponding to those of an approved person.

4Extension of sections 1 to 3 to extra-territorial actsE+W+N.I.

(1)Sections 1 to 3 extend to any act done outside the United Kingdom by a United Kingdom national or permanent United Kingdom resident.

(2)If an offence under this Act is committed outside the United Kingdom—

(a)proceedings may be taken, and

(b)the offence may for incidental purposes be treated as having been committed,

in any place in England and Wales or Northern Ireland.

5Penalties for offencesE+W+N.I.

A person guilty of an offence under this Act is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding 14 years or a fine (or both),

(b)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both).

6DefinitionsE+W+N.I.

(1)Girl includes woman.

(2)A United Kingdom national is an individual who is—

(a)a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

(b)a person who under the British Nationality Act 1981 (c. 61) is a British subject, or

(c)a British protected person within the meaning of that Act.

(3)A permanent United Kingdom resident is an individual who is settled in the United Kingdom (within the meaning of the Immigration Act 1971 (c. 77)).

(4)This section has effect for the purposes of this Act.

7Consequential provisionE+W+N.I.

(1)The Prohibition of Female Circumcision Act 1985 (c. 38) ceases to have effect.

(2)In paragraph 1(b) of the Schedule to the Visiting Forces Act 1952 (c. 67) (offences against the person in respect of which a member of a visiting force may in certain circumstances not be tried by a United Kingdom court), for paragraph (xi) there is substituted—

(xi)the Female Genital Mutilation Act 2003;.

8Short title, commencement, extent and general savingE+W+N.I.

(1)This Act may be cited as the Female Genital Mutilation Act 2003.

(2)This Act comes into force on such day as the Secretary of State may by order made by statutory instrument appoint.

(3)An order under subsection (2) may include transitional or saving provisions.

(4)This Act does not extend to Scotland.

(5)Nothing in this Act affects any criminal liability arising apart from this Act.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources