Protection of Life During Pregnancy Act 2013

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Amendment of section 9 of Health Act 2007

21. Section 9 of the Health Act 2007 is amended—

(a) in subsection (1), by the substitution of the following paragraph for paragraph (a):

“(a) there is a serious risk—

(i) to the health or welfare of a person receiving those services, or

(ii) of a failure to comply with the provisions of the Act of 2013,

and”,

and

(b) by the insertion of the following subsections after subsection (3):

“(4) Where an investigation under this section is being undertaken in respect of a serious risk referred to in subsection (1)(a)(ii) and such risk relates to an appropriate institution, the Minister may, by notice in writing served on the person in charge of the appropriate institution, direct that person to ensure that, from the date, or the event, specified in the notice for the purpose—

(a) a medical procedure referred to in section 7 (1) of the Act of 2013 is not carried out at the institution, or

(b) a medical procedure referred to in section 9 (1) of that Act is not carried out at the institution,

or both.

(5) Where—

(a) the Minister has served a notice under subsection (4) on the person in charge of an appropriate institution, and

(b) subsequent to the service of the notice referred to in paragraph (a), the Minister believes that the serious risk concerned referred to in subsection (1)(a)(ii) that caused him or her to serve such notice is not, or is no longer, such serious risk (regardless of whether he or she comes to that belief during the course of, or after the conclusion of, the investigation concerned under this section),

the Minister shall, as soon as practicable after coming to the belief referred to in paragraph (b), by notice in writing served on the person in charge of that appropriate institution, revoke the notice referred to in paragraph (a) on the date, or the event, specified in the notice so served on that person.

(6) In this section—

‘Act of 2013’ means the Protection of Life During Pregnancy Act 2013;

‘appropriate institution’ has the meaning it has in the Act of 2013.”.