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).”.