Acts of the Scottish Parliament

2005 asp 8

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 26th May 2005 and received Royal Assent on 1st July 2005

An Act of the Scottish Parliament to restate and amend the law relating to female genital mutilation and to provide for extra-territorial effect; and for connected purposes.

(a) excising it;

(b) infibulating it; or

(c) otherwise mutilating it.

(a) a surgical operation on another person which is necessary for that other person's physical or mental health; or

(b) a 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.

(a) in relation to an action falling within paragraph (a) of subsection (4), a registered medical practitioner;

(b) 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.

(a) add or remove an action to or from those actions for the time being listed in subsection (2) of that section;

(b) vary an action for the time being listed in that subsection;

(c) 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";

(d) remove an action added under paragraph (c) and any related definition of "approved persons"; or

(e) vary-

(i) an action added under paragraph (c); or

(ii) any related definition of "approved persons".

(a) a person to commit an offence under section 1;

(b) 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; or

(c) a person who is not a United Kingdom national or permanent United Kingdom resident to do a relevant act of genital mutilation outside the United Kingdom,

(a) is an action mentioned in section 1(4); and

(b) is performed by a person who, in relation to the action, is an approved person or provides services corresponding to those of an approved person.

(a) outside the United Kingdom, performs an action mentioned in subsection (4) of that section; and

(b) in relation to the action, provides services corresponding to those of an approved person.

(a) it may be treated as having been committed in any place in Scotland; and

(b) proceedings may be taken accordingly.

(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).

"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;

"permanent United Kingdom resident" is an individual who is settled in the United Kingdom (within the meaning of the Immigration Act 1971 (c.77)).