Page:Non-Fatal Offences Against the Person Act, 1997.pdf/15

[1997.]

(2) Notwithstanding subsection (1) any defence available under the common law in respect of the use of force within the meaning of section 18 or 19, or an act immediately preparatory to the use of force, for the purposes mentioned in section 18(1) or 19(1) is hereby abolished.

23.—(1) The consent of a minor who has attained the age of 16 years to any surgical, medical or dental treatment which, in the absence of consent, would constitute a trespass to his or her person, shall be as effective as it would be if he or she were of full age; and where a minor has by virtue of this section given an effective consent to any treatment it shall not be necessary to obtain any consent for it from his or her parent or guardian.

(2) In this section “surgical, medical or dental treatment” includes any procedure undertaken for the purposes of diagnosis, and this section applies to any procedure (including, in particular, the administration of an anaesthetic) which is ancillary to any treatment as it applies to that treatment.

(3) Nothing in this section shall be construed as making ineffective any consent which would have been effective if this section had not been enacted.

24.—The rule of law under which teachers are immune from criminal liability in respect of physical chastisement of pupils is hereby abolished.

25.—(1) In any proceedings for an offence alleging the causing of harm or serious harm to a person, the production of a certificate purporting to be signed by a registered medical practitioner and relating to an examination of that person, shall unless the contrary is proved, be evidence of any fact thereby certified without proof of any signature thereon or that any such signature is that of such practitioner.

(2) In this section “registered medical practitioner” means a person registered in the General Register of Medical Practitioners established under section 26 of the Medical Practitioners Act, 1978.

26.—The Schedule to the Criminal Law (Jurisdiction) Act, 1976, is hereby amended—
 * (a) by the deletion, in paragraph 5, of “False imprisonment.”, and
 * (b) by the substitution for paragraph 7 of the following:
 * “7. Any offence under the following provisions of the Non-Fatal Offences against the Person Act, 1997—
 * (a) section 4 (causing serious harm);
 * (b) section 15 (false imprisonment).”.