A bill to Allow adults who are terminally ill, subject to safeguards and protections, to request and be provided with assistance to end their own life; and for connected purposes.
Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Eligibility to be provided with lawful assistance to voluntarily end own life¶
1 Assisted dying¶
2 Terminal illness¶
3 Capacity¶
In this Act, references to a person having capacity are to be read in accordance with the Mental Capacity Act 2005.Initial discussions¶
4 Initial discussions with registered medical practitioners¶
Procedure, safeguards and protections¶
5 Initial request for assistance: first declaration¶
6 Requirement for proof of identity¶
7 First doctor’s assessment (coordinating doctor)¶
8 Second doctor’s assessment (independent doctor)¶
9 Doctors’ assessments: further provision¶
10 Another independent doctor: second opinion¶
11 Replacing the coordinating doctor on death etc¶
12 Court approval¶
13 Confirmation of request for assistance: second declaration¶
14 Cancellation of declarations¶
15 Signing by proxy¶
Information in medical records¶
16 Recording of declarations and statements etc¶
17 Recording of cancellations¶
Provision of assistance to end life¶
18 Provision of assistance¶
19 Authorising another doctor to provide assistance¶
(c) if the proxy signed the first or second declaration as a witness.
20 Meaning of “approved substance”¶
21 Final Statement¶
22 Other matters to be recorded in medical records¶
Protections for health professionals¶
23 No obligation to provide assistance etc¶
24 Criminal liability for providing assistance¶
2AA Assistance provided under Terminally Ill Adults (End of Life) Act 2024
(1) In sections 2(1) and 2A(1), a reference to an act that is capable of encouraging or assisting suicide or attempted suicide does not include the provision of assistance to a person to end their own life in accordance with the Terminally Ill Adults (End of Life) Act 2024. (2) It is a defence for a person charged with an offence under section 2 to prove that they— (a) reasonably believed they were acting in accordance with the Terminally Ill Adults (End of Life) Act 2024, and (b) took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
25 Civil liability for providing assistance¶
Offences¶
26 Dishonesty, coercion or pressure¶
27 Falsification or destruction of documentation¶
Regulatory regime for approved substances¶
28 Prescribing, dispensing, transporting etc of approved substances¶
Investigation and registration of deaths¶
29 Inquests, death certification etc¶
39B Regulations: assisted dying
(1) The Secretary of State may by regulations— (a) provide for any provision made by or under this Act relating to the registration of deaths to apply in respect of deaths which arise from the provision of assistance in accordance with the Terminally Ill Adults (End of Life) Act 2024 with such modifications as may be prescribed in respect of— (i) the information which is to be provided concerning such deaths, (ii) the form and manner in which the cause of such deaths is to be certified, and (iii) the form and manner in which such deaths are to be registered, and (b) make such incidental, supplemental and transitional provisions as the Secretary of State considers appropriate. (2) Any regulations made under subsection (1)(a)(ii) must provide for the cause of death to be recorded as “assisted death” along with a record of the person’s terminal illness by reason of which they were entitled to be provided with assistance to end their own life in accordance with the Terminally Ill Adults (End of Life) Act 2024. (3) In subsection (2) “terminal illness” means the illness, disease or medical condition mentioned in section 2(1)(a) of that Act. (4) The power of the Secretary of State to make regulations under subsection (1) is exercisable by statutory instrument. (5) Regulations may not be made under subsection (1) unless a draft of the statutory instrument containing them has been laid before and approved by a resolution of each House of Parliament.
Codes and guidance¶
30 Codes of practice¶
31 Guidance from Chief Medical Officers¶
Provision through NHS etc¶
32 Secretary of State’s powers to ensure assistance is available¶
Monitoring and review¶
33 Notifications to Chief Medical Officers¶
34 Monitoring by Chief Medical Officers¶
35 Review of this Act¶
General and final¶
36 Disqualification from being witness or proxy¶
37 Modification of form of declarations and statements¶
38 Power to make consequential and transitional provision etc¶
39 Regulations¶
40 Interpretation¶
41 Extent¶
This Act extends to England and Wales.42 Commencement¶
43 Short title¶
This Act may be cited as the Terminally Ill Adults (End of Life) Act 2024.Schedules¶
Schedule 11 — Form of the first declaration¶
Person making declaration¶
Name
…………………………………………………………..
Address
…………………………………………………………..
…………………………………………………………..
…………………………………………………………..
Postcode
…………………………………………………………..
Date of birth
…………………………………………………………..
NHS number
…………………………………………………………..
General medical practice (name and address)
…………………………………………………………..
…………………………………………………………..
…………………………………………………………..
1. I declare that if I am eligible to be provided with assistance to end my own life under the Terminally Ill Adults (End of Life) Act 2024 (“the 2024 Act”), I wish to be provided with that assistance.
2. I understand that, for that assistance to be provided, I must be assessed by two registered medical practitioners and I consent to being assessed by them for the purposes of the 2024 Act.
3. I make this declaration voluntarily and, in particular, I confirm that I have not been coerced or pressured by any other person into making it.
4. I understand that I can cancel this declaration at any time.
5. I am registered as a patient with the general medical practice stated above.
6. I am aged 18 or over.
Signed
…………………………………………………………..
Dated
…………………………………………………………..
Witnesses
Coordinating doctor
Name
…………………………………………………………..
Address
………………………………………………………….. ………………………………………………………….. …………………………………………………………..
Signed
………………..…………………………………………
Dated
…………………………………………………………..
Independent witness
Name
…………………………………………………………..
Address
………………………………………………………….. ………………………………………………………….. …………………………………………………………..
Signed
…………………………………………………………..
Dated
…………………………………………………………..
Schedule 22 — Form of the coordinating doctor’s statement¶
Coordinating doctor’s statement
Name
…………………………………………………………..
Address
………………………………………………………….. ………………………………………………………….. …………………………………………………………..
Signed
…………………………………………………………..
Dated
…………………………………………………………..
Schedule 33 — Form of the independent doctor’s statement¶
Independent doctor’s statement
Name
…………………………………………………………..
Address
………………………………………………………….. ………………………………………………………….. …………………………………………………………..
Signed
…………………………………………………………..
Dated
…………………………………………………………..
Schedule 44 — Form of second declaration¶
Person making declaration¶
Name
…………………………………………………………..
Address
…………………………………………………………..
…………………………………………………………..
…………………………………………………………..
Postcode
…………………………………………………………..
Date of birth
…………………………………………………………..
NHS number
…………………………………………………………..
Medical practice (name and address)
…………………………………………………………..
…………………………………………………………..
…………………………………………………………..
1. I declare that I am eligible to be provided with assistance to end my own life under the Terminally Ill Adults (End of Life) Act 2024 (“the 2024 Act”) and wish to be provided with that assistance.
2. I have made a first declaration under the 2024 Act dated [insert].
3. The coordinating doctor has made a statement under that Act dated [insert].
4. The independent doctor has made a statement under that Act dated [insert].
5. The High Court/Court of Appeal [delete as appropriate] has made a declaration under that Act dated [insert].
6. I understand that, for that assistance to be provided to end my own life under the 2024 Act, I must also make a second declaration under that Act.
7. I make this second declaration voluntarily and, in particular, I confirm that I have not been coerced or pressured by any other person into making it.
8. I understand that I can cancel this declaration at any time.
9. I am registered as a patient with the above medical practice.
Signed
…………………………………………………………..
Dated
…………………………………………………………..
Witnesses
Coordinating doctor
Name
…………………………………………………………..
Address
………………………………………………………….. ………………………………………………………….. …………………………………………………………..
Signed
………………..…………………………………………
Dated
…………………………………………………………..
Independent witness
Name
…………………………………………………………..
Address
………………………………………………………….. ………………………………………………………….. …………………………………………………………..
Signed
…………………………………………………………..
Dated
…………………………………………………………..
Schedule 55 — Form of the coordinating doctor’s second statement¶
Coordinating doctor
Name
…………………………………………………………..
Address
………………………………………………………….. ………………………………………………………….. …………………………………………………………..
Signed
…………………………………………………………..
Dated
…………………………………………………………..
Independent witnessName
…………………………………………………………..
Address
………………………………………………………….. ………………………………………………………….. …………………………………………………………..
Signed
…………………………………………………………..
Dated
…………………………………………………………..
Schedule 66 — Form of the coordinating doctor’s final statement¶
Final statement¶
Name
…………………………………………………………..
Address
…………………………………………………………..
…………………………………………………………..
…………………………………………………………..
Postcode
…………………………………………………………..
Telephone number
…………………………………………………………..
Email address
…………………………………………………………..
Medical specialism (if any)
…………………………………………………………..
…………………..………………………………………..
1. I confirm that [name of person] (“the patient”), whose details are set out below, was provided with assistance to end their own life in accordance with the Terminally Ill Adults (End of Life) Act 2024.
2. This statement will be entered into the medical records of the patient.
Name
…………………………………………………………..
Address
………………………………………………………….. ………………………………………………………….. …………………………………………………………..
Postcode
………………..…………………………………………
Date of birth
…………………………………………………………..
Sex
…………………………………………………………..
NHS number
…………………………………………………………..
Medical practice
Name
…………………………………………………………..
Address
………………………………………………………….. ………………………………………………………….. …………………………………………………………..
Signed
…………………………………………………………..
Dated
…………………………………………………………..
Date of first declaration
…………………………………………………………..
Date of coordinating doctor’s statement under section 7
…………………………………………………………..
Date of independent doctor’s statement under section 8
…………………………………………………………..
Date of [High Court/Court of Appeal] declaration
…………………………………………………………..
Date of second declaration
…………………………………………………………..
Details of advanced and progressive condition
…………………………………………………………….. …………………………………………………………….. …………………………………………………………….. ……………………………………………………………..
Approved substance provided
…………………………………………………………….. …………………………………………………………….. …………………………………………………………….. ……………………………………………………………..
Date and time of death
………………………………………………………..
Time between use of approved substance and death
………………………………………………………..
Signed
………………………………………………………..
Dated
………………………………………………………..
Footnotes
- 1
Section 5
- 2
Section 7
- 3
Section 8
- 4
Section 13
- 5
Section 13
- 6
Section 21