British Pregnancy Advisory Service, Regina (on The Application of) v Secretary of State for Health and Social Care: Admn 5 Jun 2019

Abortion Time Limit statement was correct.

The Court considered ‘ the correct interpretation of the words, ‘the pregnancy has not exceeded its twenty-fourth week’ in s.1(1)(a) of the Abortion Act 1967 ‘ The guidance was challenged as the calculations. The date of the beginning of the pregnancy was usually taken from the date of the end of the woman’s last menstruation, even though the child might not be conceived until two weeks later.
Held: The request as to the construction of the terms failed: ‘the correct construction of the words ‘the pregnancy has not exceeded its 24th week’ in s.1(1)(a) of the 1967 Act is that a woman will have exceeded her 24th week of pregnancy once she is 24 weeks + 0 days pregnant, or in other words, from midnight on the expiration of her 24th week of pregnancy, as stated in the Decision Letter.’
Since there was o duty to consult over the decision letter, since it was proposing a statement of law.

Supperstone J
[2019] EWHC 1397 (Admin)
England and Wales
CitedDickenson v Fletcher 1873
A penal statute should receive a strict or restrictive interpretation. Brett J said: ‘Those who contend that a penalty may be inflicted must show that the words of the Act distinctly enact that it shall be incurred under the present circumstances. . .
CitedPinner v Everett HL 1969
The House was asked whether or not a person was ‘driving or attempting to drive’ a motor vehicle when he had been stopped by the police in connection with the illumination of his rear number plate, and the driver got out of the car and started to . .
CitedBaker, Regina (on the Application of) v Devon County Council CA 21-Dec-1992
The plaintiffs appealed against orders dismissing claims for judicial review. They had challenged the intended closure of residential homes for old people. The plaintiffs said that there had been inadequate consultation, and the Councils argued that . .
CitedBhatt Murphy (a firm), Regina (on the application of) v The Independent Assessor CA 9-Jul-2008
The appellants each challenged alterations to the scheme for compensation of the victims of miscarriages of justice.
Held: Laws LJ emphasised the special nature of the promise or practice which was necessary to give rise to a substantive . .
CitedIsle of Anglesey County Council and Another v The Welsh Ministries and others CA 20-Feb-2009
The claimants, the Commissioners and the County Council, sought declarations to establish their right to build a marina on parts of the foreshore currently used for commercial mussel fishing. Section 40 of the 1868 Act authorised ministers to make . .
CitedBritish Pregnancy Advisory Service v Secretary of State for Health Admn 14-Feb-2011
The claimant sought a declaration that the administration of an abortifacient drug was not ‘any treatment for the termination of pregnancy’ for the purposes of section 1 of the 1967 Act, allowing the piloting and possible adoption of early medical . .
CitedBloomsbury International Ltd v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs SC 15-Jun-2011
The 1995 Regulations imposed a levy on fish both caught and first landed in the UK and also on imported fish products. The claimants, importers challenged the validity of the latter charges, saying that they went beyond the power given by the 1981 . .
CitedLH, Regina (on The Application of) v Shropshire Council CA 4-Apr-2014
Appeal about the extent of consultation required when a local authority reconfigures its day care services for citizens in its area and then decides to close a day centre. . .

Lists of cited by and citing cases may be incomplete.

Health, Administrative

Updated: 02 November 2021; Ref: scu.638162