The Functions of Health Boards (Scotland) Amendment Order 2017

Amendment to the Functions of Health Boards (Scotland) Order 1991

2.—(1) The Functions of Health Boards (Scotland) Order 1991(1) is amended as follows.

(2) In article 2 (persons for whose health care each Health Board is responsible)—

(a) in paragraph (1)(a)—

(i) after “sub-paragraph (b)” insert “or (c)”; and

(ii) at the end omit “and”;

(b) in paragraph (1)(b), after “Health Board”, insert—

“; and

(c) in so far as that health care consists of providing or securing the provision of abortion services to women who—

(i) reside ordinarily in Northern Ireland; and

(ii) present for treatment (except at an independent health care service) in the area of the Health Board”;

(c) after paragraph (2) insert—

“(2A) In paragraph (1)(c)—

(a) “abortion services” means—

(i) the giving of advice on the available procedures, risks and effects of a termination of pregnancy and the medical examination of the person seeking such advice (“the patient”);

(ii) the provision of counselling in respect of a termination of pregnancy where requested by the patient;

(iii) the termination of the patient’s pregnancy;

(iv) contraceptive services; and

(v) sexual health services.

(b) “contraceptive services” includes—

(i) the giving of advice on contraception, the medical examination and treatment of the patient; and

(ii) the supply of contraceptive substances and appliances to the patient; and

(c) “sexual health services” means—

(i) the testing, treatment and pre-test and post-test counselling for sexually transmitted infections of the patient; and

(ii) testing and pre-test and post-test counselling for HIV of the patient.”.

(3) In article 3 (duty of Health Boards to exercise functions) after paragraph (4) insert—

“(5) A Health Board may make arrangements to secure the provision of abortion services in relation to women for whom they are responsible by virtue of article 2(1)(c).”.

(1)

S.I. 1991/570 as amended by S.S.I. 2006/132 and S.S.I. 2011/211.