Prohibition of Female Genital Mutilation (Scotland) Act 2005

JurisdictionScotland
Citation2005 asp 8
(1) A person who performs an action mentioned in subsection (2) in relation to the whole or any part of the labia majora, labia minora, prepuce of the clitoris, clitoris or vagina of another person is guilty of an offence.excising it;infibulating it; orotherwise mutilating it.(3) No offence under subsection (1) is committed by an approved person who performs an action mentioned in subsection (4) .a surgical operation on another person which is necessary for that other person's physical or mental health; ora surgical operation on another person who is in any stage of labour or has just given birth, for purposes connected with the labour or birth.in relation to an action falling within paragraph (a) of subsection (4) , a registered medical practitioner;in relation to an action falling within paragraph (b) of that subsection, 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.(6) For the purposes of determining whether an operation is necessary for the mental health of a person, it is immaterial whether that or any other person believes that the operation is required as a matter of custom or ritual.add or remove an action to or from those actions for the time being listed in subsection (2) of that section;vary an action for the time being listed in that subsection;add an action to those for the time being listed in subsection (4) of that section and, in relation to that action, define “approved persons”;remove an action added under paragraph (c) and any related definition of “approved persons”; oran action added under paragraph (c) ; orany related definition of “approved persons”.(2) An order under this section is to be made by statutory instrument.(3) No such order is to be made unless a draft of it has been laid before and approved by a resolution of the Scottish Parliament.a person to commit an offence under section 1;another person to perform an action mentioned in section 1(2) in relation to the whole or any part of that other person's own labia majora, labia minora, prepuce of the clitoris, clitoris or vagina; ora person who is not a United Kingdom national or (2) An act is a relevant act of genital mutilation if it would, if done by a United Kingdom national or is an action mentioned in section 1(4) ; andis performed by a person who, in relation to the action, is an approved person or provides services corresponding to those of an approved person.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT