SPUC PRO-LIFE SCOTLAND LIMITED AGAINST SCOTTISH MINISTERS FOR JUDICIAL REVIEW [2018] ScotCS CSOH_85 (15 August 2018)

SPUC PRO-LIFE SCOTLAND LIMITED AGAINST SCOTTISH MINISTERS FOR JUDICIAL REVIEW [2018] ScotCS CSOH_85 (15 August 2018)

The approval of a woman's home as a class of place for the administration of misoprostol under section 1(3A) of the Abortion Act 1967 is lawful. The statutory power to approve a class of place is broad and not limited to places sharing specific physical features; the restriction to a woman's ordinary residence is a substantive and rational limitation. The requirement that treatment be carried out by a registered medical practitioner is satisfied by the practitioner's ongoing responsibility and control, even if the patient self-administers the drug at home. The approval does not unlawfully delegate the statutory function, nor does it undermine the legislative purpose of safety and control.

Citation
[2018] ScotCS CSOH_85
Parties
Petitioner: SPUC Pro-Life Scotland Limited; Respondent: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
15 August 2018
Procedural Posture
Judicial Review / Final Judgment at First Instance
Outcome
petition refused
Legal Topics
Abortion Law, Statutory Interpretation, Delegation of Statutory Powers, Medical Regulation
Public Law Health Law Administrative Law Abortion Law Statutory Interpretation Delegation of Statutory Powers Medical Regulation

Case Brief

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Parties

SPUC Pro-Life Scotland Limited

Petitioner

Scottish Ministers

Respondent

Procedural Posture

Judicial Review / Final Judgment at First Instance

Legal Issues

  1. 1 Whether the approval of a woman's home as a class of place for the administration of misoprostol under the Abortion Act 1967 is lawful
  2. 2 Whether such approval is contrary to the requirement that abortion be carried out by a registered medical practitioner

Ratio Decidendi

The approval of a woman's home as a class of place for the administration of misoprostol under section 1(3A) of the Abortion Act 1967 is lawful. The statutory power to approve a class of place is broad and not limited to places sharing specific physical features; the restriction to a woman's ordinary residence is a substantive and rational limitation. The requirement that treatment be carried out by a registered medical practitioner is satisfied by the practitioner's ongoing responsibility and control, even if the patient self-administers the drug at home. The approval does not unlawfully delegate the statutory function, nor does it undermine the legislative purpose of safety and control.

Court Disposition

petition refused

Orders

  • Petition for judicial review refused
  • No reduction of the approval issued by the Scottish Ministers