|
Below is the complete text of the U.K. Female Genital
Mutilation Act of 2003. Parts of this Act were
incorporated into our MGM Bill
proposal.
U.K. 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:-
1
Offence of female genital mutilation
(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.
2
Offence of assisting a girl to mutilate her own
genitalia
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.
3
Offence of assisting a non-UK person to mutilate
overseas a girl's genitalia
(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.
4
Extension of sections 1 to 3 to extra-territorial acts
(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.
5
Penalties for offences
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).
6
Definitions
(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.
7
Consequential provision
(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;".
8 Short
title, commencement, extent and general saving
(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.
|
