Terminally Ill Adults (End of Life) Bill

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.

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Available Versions

23 Jun 2025
Lords: Committee
HL Bill 112 (as brought from the Commons)
(433 amendments)
28 Mar 2025
Commons: Report
Bill 212 2024-25 (as amended in Public Bill Committee)
(140 amendments)
Date Debate
Friday 20th June 2025 Report stage
Friday 13th June 2025 Report stage
Friday 16th May 2025 Report stage
11 Nov 2024
Commons: Committee
Bill 012 2024-25 (as introduced)
(617 amendments)
Date Debate
Tuesday 25th March 2025 Committee stage: 29th sitting
Tuesday 25th March 2025 Committee stage: 28th sitting
Wednesday 19th March 2025 Committee stage: 27th sitting
Wednesday 19th March 2025 Committee stage: 26th sitting
Tuesday 18th March 2025 Committee stage: 25th sitting
Tuesday 18th March 2025 Committee stage: 24th sitting
Wednesday 12th March 2025 Committee stage: 23rd sitting
Wednesday 12th March 2025 Committee stage: 22nd sitting
Tuesday 11th March 2025 Committee stage: 21st sitting
Tuesday 11th March 2025 Committee stage: 20th sitting
Wednesday 5th March 2025 Committee stage: 19th sitting
Wednesday 5th March 2025 Committee stage: 18th sitting
Tuesday 4th March 2025 Committee stage: 17th sitting
Tuesday 4th March 2025 Committee stage: 16th sitting
Wednesday 26th February 2025 Committee stage: 15th sitting
Wednesday 26th February 2025 Committee stage: 14th sitting
Tuesday 25th February 2025 Committee stage: 12th sitting
Tuesday 25th February 2025 Committee stage: 13th sitting
Wednesday 12th February 2025 Committee stage: 10th sitting
Wednesday 12th February 2025 Committee stage: 11th sitting
Tuesday 11th February 2025 Committee stage: 9th sitting
Tuesday 11th February 2025 Committee stage: 8th sitting
Thursday 30th January 2025 Committee stage: 7th sitting
Thursday 30th January 2025 Committee stage: 6th sitting
Wednesday 29th January 2025 Committee stage: 5th sitting
Wednesday 29th January 2025 Committee stage: 4th sitting
Tuesday 28th January 2025 Committee stage: 3rd sitting
Tuesday 28th January 2025 Committee stage: 2nd sitting
Tuesday 21st January 2025 Committee stage: 1st Sitting

Relevant Documents

Bill PDF
Bill 212 2024-25 (as amended in Public Bill Committee)
Latest Amendments
All proceedings up to 20 June 2025 at Report Stage
Explanatory Note
Bill 012 EN 2024-25

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24 New Clauses Proposed

Page 1

Eligibility to be provided with lawful assistance to voluntarily end own life

 
1
Assisted dying
 
 
(1)
A terminally ill person in England or Wales who—
 
 
(a)
has the capacity to make a decision to end their own life (see section
 
 
3 ),
5
 
(b)
is aged 18 or over at the time the person makes a first declaration (see
 
 
section 7 ),
 
 
(c)
is ordinarily resident in England and Wales and has been so resident
 
 
for at least 12 months ending with the date of the first declaration,
 
 
and
10
 
(d)
is registered as a patient with a general medical practice in England
 
 
or Wales,
 
 
may, on request, be provided in England or Wales with assistance to end
 
 
their own life in accordance with sections 7 to 27 .
 
 
(2)
Sections 7 to 27 , in particular, require steps to be taken to establish that the
15
 
person—
 
 
(a)
has a clear, settled and informed wish to end their own life, and
 
 
(b)
has made the decision that they wish to end their own life voluntarily
 
 
and has not been coerced or pressured by any other person into
 
 
making it.
20
 
(3)
The steps to be taken under sections 7 , 9 , 10 and 17 must be taken—
 
 
(a)
when the terminally ill person is in England or Wales, and
 
 
(b)
in the case of the steps under sections 9 and 10 , by persons in England
 
 
or Wales.
 

Page 2

2
Terminal illness
 
 
(1)
For the purposes of this Act, a person is terminally ill if—
 
 
(a)
the person has an inevitably progressive illness or disease which cannot
 
 
be reversed by treatment, and
 
 
(b)
the person's death in consequence of that illness or disease can
5
 
reasonably be expected within six months.
 
 
(2)
For the purposes of subsection (1) , treatment which only relieves the symptoms
 
 
of an inevitably progressive illness, disease or medical condition temporarily
 
 
is not to be regarded as treatment which can reverse that illness or disease.
 
 
(3)
For the avoidance of doubt, a person is not to be considered to be terminally
10
 
ill only because they are a person with a disability or mental disorder (or
 
 
both).
 
 
Nothing in this subsection results in a person not being regarded as terminally
 
 
ill for the purposes of this Act if (disregarding this subsection) the person
 
 
meets the conditions in paragraphs (a) and (b) of subsection (1) .
15
3
Capacity
 
 
In this Act, references to a person having capacity are to be read in accordance
 
 
with the Mental Capacity Act 2005.
 

Voluntary Assisted Dying Commissioner

 
4
Voluntary Assisted Dying Commissioner
20
 
(1)
There is to be a Voluntary Assisted Dying Commissioner.
 
 
(2)
The Commissioner is to be appointed by the Prime Minister.
 
 
(3)
The person appointed must hold or have held office as a judge of—
 
 
(a)
the Supreme Court,
 
 
(b)
the Court of Appeal, or
25
 
(c)
the High Court.
 
 
(4)
The Commissioner’s principal functions are—
 
 
(a)
receiving documents made under this Act;
 
 
(b)
making appointments to a list of persons eligible to sit on Assisted
 
 
Dying Review Panels (see Schedule 2 );
30
 
(c)
making arrangements in relation to such panels and referring cases
 
 
to them (see section 14 );
 
 
(d)
determining applications for reconsideration of panel decisions under
 
 
section 16 ;
 
 
(e)
monitoring the operation of this Act and reporting annually on it (see
35
 
section 45 ).
 
 
(5)
In this Act “the Commissioner” means the Voluntary Assisted Dying
 
 
Commissioner.
 
 
(6)
Schedule 1 makes provision about the Commissioner.
 

Page 3

Preliminary discussions

 
5
Preliminary discussions with registered medical practitioners
 
 
(1)
No registered medical practitioner is under any duty to raise the subject of
 
 
the provision of assistance in accordance with this Act with a person.
 
 
(2)
But nothing in subsection (1) prevents a registered medical practitioner
5
 
exercising their professional judgement to decide if, and when, it is appropriate
 
 
to discuss the matter with a person.
 
 
(3)
Where a person in England or Wales indicates to a registered medical
 
 
practitioner their wish to seek assistance to end their own life in accordance
 
 
with this Act, the registered medical practitioner may (but is not required to)
10
 
conduct a preliminary discussion about the requirements that need to be met
 
 
for such assistance to be provided.
 
 
(4)
If a registered medical practitioner conducts such a preliminary discussion
 
 
with a person, the practitioner must first ensure the provision of adjustments
 
 
for language and literacy barriers, including the use of interpreters.
15
 
(5)
If a registered medical practitioner conducts such a preliminary discussion
 
 
with a person, the practitioner must explain to and discuss with that person—
 
 
(a)
the person’s diagnosis and prognosis;
 
 
(b)
any treatment available and the likely effect of it;
 
 
(c)
all appropriate palliative, hospice or other care, including symptom
20
 
management and psychological support, and offer to refer them to a
 
 
registered medical practitioner who specialises in such care for the
 
 
purpose of further discussion.
 
 
(Accordingly, such a preliminary discussion may not be conducted in isolation
 
 
from an explanation of, and discussion about, the matters mentioned in
25
 
paragraphs (a) to (c) .)
 
 
(6)
A registered medical practitioner who is unwilling or unable to conduct the
 
 
preliminary discussion mentioned under subsection (3) is not required to refer
 
 
the person to another medical practitioner but must ensure that the person
 
 
is directed to where they can obtain information and have the preliminary
30
 
discussion.
 
6
Recording of preliminary discussion
 
 
(1)
This section applies where a registered medical practitioner (“the practitioner”)
 
 
conducts a preliminary discussion with a person.
 
 
(2)
Where the practitioner is a practitioner with the person’s GP practice, they
35
 
must, as soon as practicable, record the preliminary discussion in the person’s
 
 
medical records.
 
 
(3)
In any other case—
 
 
(a)
the practitioner must, as soon as practicable, give a written record of
 
 
the preliminary discussion to a registered medical practitioner with
40
 
the person’s GP practice, and
 

Page 4

 
(b)
that registered medical practitioner must, as soon as practicable, include
 
 
the record in the person’s medical records.
 

Procedure, safeguards and protections

 
7
Initial request for assistance: first declaration
 
 
(1)
A person who wishes to be provided with assistance to end their own life in
5
 
accordance with this Act must make a declaration to that effect (a “first
 
 
declaration”).
 
 
(2)
A first declaration must be—
 
 
(a)
in the form set out in regulations made by the Secretary of State,
 
 
(b)
signed and dated by the person making the declaration, and
10
 
(c)
witnessed by—
 
 
(i)
the coordinating doctor in relation to that person, and
 
 
(ii)
another person,
 
 
both of whom must see the declaration being signed.
 
 
(3)
Regulations under subsection (2) (a) must provide that the first declaration
15
 
contains—
 
 
(a)
the following information—
 
 
(i)
the person’s full name and address;
 
 
(ii)
the person’s NHS number;
 
 
(iii)
contact details for the person’s GP practice;
20
 
(b)
the following further declarations by the person—
 
 
(i)
a declaration that they meet the initial conditions for eligibility
 
 
(see subsection (4) );
 
 
(ii)
a declaration that they have had a preliminary discussion with
 
 
a registered medical practitioner, that they were aged 18 or
25
 
over when they had that discussion, and that they understand
 
 
the information referred to in section 5 (5) (a) to (c) that was
 
 
provided during that discussion;
 
 
(iii)
a declaration that they are content to be assessed, for the
 
 
purposes of this Act, by medical practitioners;
30
 
(iv)
a declaration that they are making the first declaration
 
 
voluntarily and have not been coerced or pressured by any
 
 
other person into making it;
 
 
(v)
a declaration that they understand that they may cancel the
 
 
first declaration at any time.
35
 
(4)
In subsection (3) (b) (i) “the initial conditions for eligibility” are that the person
 
 
making the declaration—
 
 
(a)
is aged 18 or over,
 
 
(b)
is ordinarily resident in England and Wales and has been so resident
 
 
for at least 12 months, and
40
 
(c)
is registered with a general medical practice in England or Wales.
 
 
(5)
In this Act, “the coordinating doctor" means a registered medical practitioner—
 

Page 5

 
(a)
who meets the requirements specified in regulations under subsection
 
 
(6) ,
 
 
(b)
who has indicated to the person making the declaration that they are
 
 
able and willing to carry out the functions under this Act of the
 
 
coordinating doctor in relation to the person,
5
 
(c)
who is not a relative of the person making the declaration, and
 
 
(d)
who does not know or believe that they—
 
 
(i)
are a beneficiary under a will of the person, or
 
 
(ii)
may otherwise benefit financially or in any other material way
 
 
from the death of the person.
10
 
(6)
The Secretary of State must by regulations make provision about the training,
 
 
qualifications and experience that a registered medical practitioner must have
 
 
in order to act as the coordinating doctor.
 
 
(7)
The regulations must include training about—
 
 
(a)
assessing capacity;
15
 
(b)
assessing whether a person has been coerced or pressured by any
 
 
other person;
 
 
(c)
specific and up-to-date training on reasonable adjustments and
 
 
safeguards for autistic people and people with a learning disability.
 
 
(8)
Subject to that, the regulations may in particular provide that the required
20
 
training, qualifications or experience is to be determined by a person specified
 
 
in the regulations.
 
 
(9)
Regulations under subsection (6) must specify that training in respect of
 
 
domestic abuse, including coercive control and financial abuse, is mandatory.
 
 
(10)
A person may not witness a first declaration under subsection (2) (c) (ii) if they
25
 
are disqualified under section 48 from being a witness.
 
8
Witnessing first declaration: requirements
 
 
(1)
This section applies in relation to the making of a first declaration by a person.
 
 
(2)
The person must, before signing that declaration, provide two forms of proof
 
 
of identity to the coordinating doctor and the witness mentioned in section
30
 
7 (2) (c) (ii) .
 
 
(3)
The Secretary of State may, by regulations, make provision about the forms
 
 
of proof of identity that are acceptable for the purposes of subsection (2) .
 
 
(4)
The coordinating doctor may witness the first declaration only if satisfied
 
 
that the requirements of subsection (2) have been met.
35
 
(5)
The coordinating doctor may witness the first declaration only if—
 
 
(a)
the coordinating doctor has conducted a preliminary discussion with
 
 
the person or is satisfied that another registered medical practitioner
 
 
has conducted such a discussion, and
 
 
(b)
the coordinating doctor has made or seen a written record of the
40
 
preliminary discussion.
 

Page 6

9
First doctor’s assessment (coordinating doctor)
 
 
(1)
The coordinating doctor must, as soon as reasonably practicable after a first
 
 
declaration is made by a person, carry out the first assessment.
 
 
(2)
“The first assessment” is an assessment to ascertain whether, in the opinion
 
 
of the coordinating doctor, the person—
5
 
(a)
is terminally ill,
 
 
(b)
has capacity to make the decision to end their own life,
 
 
(c)
was aged 18 or over at the time the first declaration was made,
 
 
(d)
is in England and Wales,
 
 
(e)
is ordinarily resident in England and Wales and has been so resident
10
 
for at least 12 months ending with the date of the first declaration,
 
 
(f)
is registered as a patient with a general medical practice in England
 
 
or Wales,
 
 
(g)
has a clear, settled and informed wish to end their own life, and
 
 
(h)
made the first declaration voluntarily and has not been coerced or
15
 
pressured by any other person into making it.
 
 
(3)
After carrying out the first assessment, the coordinating doctor must—
 
 
(a)
make a report about the assessment (which must meet the requirements
 
 
of regulations under subsection (4) );
 
 
(b)
give a copy of the report to—
20
 
(i)
the person who was assessed (“the assessed person”),
 
 
(ii)
if the coordinating doctor is not a practitioner with the person’s
 
 
GP practice, a registered medical practitioner with that practice,
 
 
and
 
 
(iii)
any other person specified in regulations made by the Secretary
25
 
of State;
 
 
(c)
if satisfied as to all of the matters mentioned in subsection (2) (a) to
 
 
(h) , refer the assessed person to another registered medical practitioner
 
 
who meets the requirements of section 10 (8) and is able and willing
 
 
to carry out the second assessment (“the independent doctor”).
30
 
(4)
The Secretary of State must by regulations make provision about the content
 
 
and form of the report.
 
 
(5)
The regulations must provide that the report must—
 
 
(a)
contain a statement indicating whether the coordinating doctor is
 
 
satisfied as to all of the matters mentioned in subsection (2) (a) to (h) ;
35
 
(b)
contain an explanation of why the coordinating doctor is, or (as the
 
 
case may be) is not, so satisfied;
 
 
(c)
contain a statement indicating whether the coordinating doctor is
 
 
satisfied as to the following—
 
 
(i)
that a record of the preliminary discussion has been included
40
 
in the person’s medical records;
 
 
(ii)
that the making of the first declaration has been recorded in
 
 
the person’s medical records;
 
 
(iii)
that the first declaration has not been cancelled;
 

Page 7

 
(d)
be signed and dated by the coordinating doctor.
 
10
Second doctor’s assessment (independent doctor)
 
 
(1)
Where a referral is made under section 9 (3) (c) , the independent doctor must
 
 
carry out the second assessment of the person as soon as reasonably practicable
 
 
after the first period for reflection has ended.
5
 
(2)
“The second assessment” is an assessment to ascertain whether, in the opinion
 
 
of the independent doctor, the person who made the first declaration—
 
 
(a)
is terminally ill,
 
 
(b)
has capacity to make the decision to end their own life,
 
 
(c)
was aged 18 years or over at the time the first declaration was made,
10
 
(d)
has a clear, settled and informed wish to end their own life, and
 
 
(e)
made the first declaration voluntarily and has not been coerced or
 
 
pressured by any other person into making it.
 
 
(3)
In subsection (1) “the first period for reflection” means the period of seven
 
 
days beginning with the day the coordinating doctor made the report under
15
 
section 9 (3) .
 
 
(4)
The independent doctor must carry out the second assessment independently
 
 
of the coordinating doctor, subject to section 11 (7) (sharing of specialists’
 
 
opinions).
 
 
(5)
After carrying out the second assessment, the independent doctor must—
20
 
(a)
make a report about the assessment (which must meet the requirements
 
 
of regulations under subsection (6) ), and
 
 
(b)
give a copy of the report to—
 
 
(i)
the person who was assessed,
 
 
(ii)
the coordinating doctor,
25
 
(iii)
if neither the independent doctor nor the coordinating doctor
 
 
is a practitioner with the person’s GP practice, a registered
 
 
medical practitioner with that practice, and
 
 
(iv)
any other person specified in regulations made by the Secretary
 
 
of State.
30
 
(6)
The Secretary of State must by regulations make provision about the content
 
 
and form of the report.
 
 
(7)
The regulations must provide that the report must—
 
 
(a)
contain a statement indicating whether the independent doctor is
 
 
satisfied as to all of the matters mentioned in subsection (2) (a) to (e) ;
35
 
(b)
contain an explanation of why the independent doctor is, or (as the
 
 
case may be) is not, so satisfied;
 
 
(c)
contain a statement indicating whether the independent doctor is
 
 
satisfied as to the following—
 
 
(i)
that a record of the preliminary discussion has been included
40
 
in the person’s medical records;
 
 
(ii)
that the person signed the first declaration;
 

Page 8

 
(iii)
that the making of the first declaration has been recorded in
 
 
the person’s medical records;
 
 
(iv)
that the first declaration has not been cancelled;
 
 
(d)
be signed and dated by the independent doctor.
 
 
(8)
A registered medical practitioner may carry out the functions of the
5
 
independent doctor under this Act only if that practitioner—
 
 
(a)
meets the requirements specified in regulations under subsection (9) ,
 
 
(b)
has not provided treatment or care for the person being assessed in
 
 
relation to that person’s terminal illness,
 
 
(c)
is not a relative of the person being assessed,
10
 
(d)
is not a partner or colleague in the same practice or clinical team as
 
 
the coordinating doctor,
 
 
(e)
did not witness the first declaration made by the person being assessed,
 
 
and
 
 
(f)
does not know or believe that they—
15
 
(i)
are a beneficiary under a will of the person, or
 
 
(ii)
may otherwise benefit financially or in any other material way
 
 
from the death of the person.
 
 
(9)
The Secretary of State must by regulations make provision about the training,
 
 
qualifications and experience that a registered medical practitioner must have
20
 
in order to carry out the functions of the independent doctor.
 
 
(10)
The regulations must include training about—
 
 
(a)
assessing capacity;
 
 
(b)
assessing whether a person has been coerced or pressured by any
 
 
other person.
25
 
(11)
Subject to that, the regulations may in particular provide that the required
 
 
training, qualifications or experience is to be determined by a person specified
 
 
in the regulations.
 
 
(12)
In subsection (8) (b) the reference to “terminal illness” means the illness or
 
 
disease mentioned in section 2 (1) (a) .
30
 
(13)
Regulations under subsection (9) must specify that training in respect of
 
 
domestic abuse, including coercive control and financial abuse, is mandatory.
 
11
Doctors’ assessments: further provision
 
 
(1)
In this section “assessing doctor” means—
 
 
(a)
the coordinating doctor carrying out the first assessment;
35
 
(b)
the independent doctor carrying out the second assessment.
 
 
(2)
The assessing doctor must—
 
 
(a)
examine the person and examine such of their medical records as
 
 
appear to the assessing doctor to be relevant;
 
 
(b)
make such enquiries of professionals who are providing or have
40
 
recently provided health or social care to the person as the assessing
 

Page 9

 
doctor considers appropriate, and such other enquiries as the assessing
 
 
doctor considers appropriate;
 
 
(c)
explain to and discuss with the person being assessed—
 
 
(i)
the person’s diagnosis and prognosis;
 
 
(ii)
any treatment available and the likely effect of it;
5
 
(iii)
any available palliative, hospice or other care, including
 
 
symptom management and psychological support;
 
 
(iv)
the nature of the substance that is to be provided to assist the
 
 
person to end their own life (including how it will bring about
 
 
death and how it will be administered);
10
 
(d)
discuss with the person their wishes in the event of complications
 
 
arising in connection with the self-administration of an approved
 
 
substance under section 23 ;
 
 
(e)
inform the person—
 
 
(i)
of the further steps that must be taken before assistance can
15
 
be provided to the person to end their own life in accordance
 
 
with this Act;
 
 
(ii)
that the person may decide at any time not to take any of those
 
 
steps (and of how to cancel the first declaration and any of
 
 
those further steps);
20
 
(f)
advise the person to inform a registered medical practitioner with the
 
 
person’s GP practice that the person is requesting assistance to end
 
 
their own life (unless the assessing doctor is themselves a practitioner
 
 
with that practice);
 
 
(g)
in so far as the assessing doctor considers it appropriate, advise the
25
 
person to consider discussing the request with their next of kin and
 
 
other persons they are close to.
 
 
(3)
To inform their assessment, the assessing doctor must—
 
 
(a)
consider whether they should consult a health professional or social
 
 
care professional with qualifications in, or experience of, a matter
30
 
relevant to the person being assessed;
 
 
(b)
consult such a professional if they consider that there is a need to do
 
 
so.
 
 
(4)
Where an assessing doctor consults a professional under subsection (3) (b)
 
 
, the assessing doctor must give a written record of the consultation to the
35
 
other assessing doctor.
 
 
(5)
When carrying out an assessment in accordance with subsection (2) , the
 
 
assessing doctor must first ensure the provision of adjustments for language
 
 
and literacy barriers, including the use of interpreters.
 
 
(6)
To inform their assessment, the assessing doctor—
40
 
(a)
must, if they have doubt as to whether the person being assessed is
 
 
terminally ill, refer the person for assessment by a registered medical
 
 
practitioner who holds qualifications in or has experience of the
 
 
diagnosis and management of the illness, disease or condition in
 
 
question;
45

Page 10

 
(b)
must, if they have doubt as to the capacity of the person being
 
 
assessed, refer the person for assessment by a registered medical
 
 
practitioner who is a practising psychiatrist registered in one of the
 
 
psychiatry specialisms in the Specialist Register kept by the General
 
 
Medical Council or who otherwise holds qualifications in or has
5
 
experience of the assessment of capacity;
 
 
(c)
must, if they make a referral under paragraph (a) or (b) , take account
 
 
of any opinion provided by that other registered medical practitioner.
 
 
(7)
An opinion provided to one assessing doctor under subsection (6) (a) or (b)
 
 
must be shared with the other assessing doctor.
10
 
(8)
Where the independent doctor is required to obtain an opinion under
 
 
subsection (6) (a) —
 
 
(a)
that duty may be discharged by an opinion obtained under that
 
 
provision by the coordinating doctor, or
 
 
(b)
the independent doctor may make their own referral under that
15
 
provision.
 
12
Another independent doctor: second opinion
 
 
(1)
This section applies where the independent doctor has—
 
 
(a)
carried out the second assessment, and
 
 
(b)
made a report stating that they are not satisfied as to all of the matters
20
 
mentioned in section 10 (2) (a) to (e) .
 
 
(2)
The coordinating doctor may, if requested to do so by the person who made
 
 
the first declaration, refer that person to a different registered medical
 
 
practitioner who meets the requirements of section 10 (8) and is able and
 
 
willing to carry out a further assessment of the kind mentioned in section
25
 
10 (2) .
 
 
(3)
Where a referral is made to a registered medical practitioner under subsection
 
 
(2) —
 
 
(a)
the coordinating doctor must provide that new registered medical
 
 
practitioner with the report by the independent doctor setting out
30
 
their reasons for refusal;
 
 
(b)
if the new registered medical practitioner reaches a different conclusion
 
 
from the original independent doctor, they must produce a report
 
 
setting out why they disagree;
 
 
(c)
those two reports must be made available to any subsequent decision
35
 
maker under this Act and to the Commissioner.
 
 
(4)
Where a referral is made to a registered medical practitioner under subsection
 
 
(2) , that referral is treated as a referral under section 9 (3) (c) , the practitioner
 
 
becomes the independent doctor (replacing the registered medical practitioner
 
 
to whom a referral was originally made) and section 10 and 11 apply
40
 
accordingly.
 

Page 11

 
(5)
In consequence of a particular first declaration made by a person, the
 
 
coordinating doctor may make only one referral for a second opinion under
 
 
subsection (2) ; but this is subject to subsection (6) .
 
 
(6)
Where—
 
 
(a)
a referral is made under subsection (2) to a practitioner,
5
 
(b)
the practitioner dies or through illness is unable or unwilling to act
 
 
as the independent doctor, and
 
 
(c)
no report under section 10 has been made by virtue of the referral,
 
 
a further referral may be made under subsection (2) .
 
13
Replacing the coordinating doctor on death etc
10
 
(1)
The Secretary of State may, by regulations, make provision about cases where,
 
 
after a first declaration has been witnessed by the coordinating doctor, that
 
 
doctor dies or through illness or otherwise is unable or unwilling to continue
 
 
to carry out the functions of the coordinating doctor.
 
 
(2)
Regulations under subsection (1) may, in particular, make provision—
15
 
(a)
relating to the appointment, with the agreement of the person who
 
 
made the declaration, of a replacement coordinating doctor who meets
 
 
the requirements of section 7 (5) and is able and willing to carry out
 
 
the functions of the coordinating doctor;
 
 
(b)
to ensure continuity of care for that person despite the change in the
20
 
coordinating doctor.
 
14
Referral by Commissioner of case to multidisciplinary panel
 
 
(1)
This section applies where the Commissioner receives—
 
 
(a)
a first declaration made by a person,
 
 
(b)
a report about the first assessment of the person which contains a
25
 
statement indicating that the coordinating doctor is satisfied as to all
 
 
of the matters mentioned in section 9 (2) (a) to (h) , and
 
 
(c)
a report about the second assessment of the person which contains a
 
 
statement indicating that the independent doctor is satisfied as to all
 
 
of the matters mentioned in section 10 (2) (a) to (e) .
30
 
(2)
The Commissioner must, as soon as reasonably practicable, refer the person’s
 
 
case to an Assisted Dying Review Panel for determination of the person’s
 
 
eligibility to be provided with assistance under section 23 .
 
 
(3)
But where the Commissioner receives a notification that the first declaration
 
 
has been cancelled—
35
 
(a)
the Commissioner must not refer the person’s case to such a panel,
 
 
and
 
 
(b)
if the person’s case has already been so referred, the Commissioner
 
 
must notify the panel of the cancellation.
 
 
(4)
Schedule 2 makes provision about Assisted Dying Review Panels.
40

Page 12

15
Determination by panel of eligibility for assistance
 
 
(1)
This section applies where a person’s case is referred under section 14 or 16
 
 
to an Assisted Dying Review Panel (“the panel”).
 
 
(2)
The panel’s function is to determine whether it is satisfied of all of the
 
 
following matters—
5
 
(a)
that the requirements of sections 7 to 11 have been met in relation
 
 
to—
 
 
(i)
the first declaration,
 
 
(ii)
the first assessment and the report under section 9 on that
 
 
assessment, and
10
 
(iii)
the second assessment and the report under section 10 on that
 
 
assessment;
 
 
(b)
that the person is terminally ill;
 
 
(c)
that the person has capacity to make the decision to end their own
 
 
life;
15
 
(d)
that the person was aged 18 or over at the time the first declaration
 
 
was made;
 
 
(e)
that before making the first declaration, but when the person was aged
 
 
18 or over, a registered medical practitioner conducted a preliminary
 
 
discussion with the person;
20
 
(f)
that the person is ordinarily resident in England and Wales and has
 
 
been so resident for at least 12 months ending with the date of the
 
 
first declaration;
 
 
(g)
that the person is registered as a patient with a general medical practice
 
 
in England or Wales;
25
 
(h)
that the person has a clear, settled and informed wish to end their
 
 
own life;
 
 
(i)
that the person made the first declaration voluntarily and was not
 
 
coerced or pressured by any other person into making that declaration.
 
 
(3)
Subject to the following and to Schedule 2 , the panel may adopt such
30
 
procedure as it considers appropriate for the case.
 
 
(4)
The panel—
 
 
(a)
must hear from, and may question, the coordinating doctor or the
 
 
independent doctor (and may hear from and question both);
 
 
(b)
must (subject to subsection (6) ) hear from, and may question, the
35
 
person to whom the referral relates;
 
 
(c)
in a case to which section 19 applies, may hear from and may question
 
 
the person’s proxy;
 
 
(d)
may hear from and may question any other person;
 
 
(e)
may ask any person appearing to it to have relevant knowledge or
40
 
experience to report to it on such matters relating to the person to
 
 
whom the referral relates as it considers appropriate.
 
 
In paragraphs (a) to (c) the reference to hearing from or questioning a person
 
 
is to hearing from them, or questioning them, in person or by live video or
 
 
audio link.
45

Page 13

 
(5)
Where the panel considers it appropriate for medical reasons, it may make
 
 
provision for the use of pre-recorded audio or video material for the purposes
 
 
of subsection (4).
 
 
(6)
The duty under subsection (4) (b) to hear from the person to whom the referral
 
 
relates does not apply if the panel is of the opinion that there are exceptional
5
 
circumstances which justify not hearing from that person.
 
 
(7)
The panel—
 
 
(a)
must, if it is satisfied of all of the matters mentioned in subsection (2)
 
 
, grant a certificate to that effect (a “certificate of eligibility”);
 
 
(b)
must refuse to do so in any other case.
10
 
(8)
The panel must notify the following of its decision—
 
 
(a)
the person to whom the referral relates;
 
 
(b)
the coordinating doctor;
 
 
(c)
the Commissioner;
 
 
(d)
any other person specified in regulations made by the Secretary of
15
 
State.
 
 
Where it grants a certificate of eligibility, it must give a copy of the certificate
 
 
to each of these persons.
 
 
(9)
If the panel is notified that the first declaration has been cancelled, it must
 
 
cease to act in relation to the referral (and, in particular, it may not grant a
20
 
certificate of eligibility).
 
16
Reconsideration of panel decisions refusing certificate of eligibility
 
 
(1)
This section applies where—
 
 
(a)
a person’s case is referred under section 14 to an Assisted Dying
 
 
Review Panel (“the first panel”), and
25
 
(b)
the first panel refuses to grant a certificate of eligibility in respect of
 
 
the person.
 
 
(2)
The person may apply to the Commissioner for their case to be reconsidered
 
 
on the ground that the first panel’s decision—
 
 
(a)
contains an error of law,
30
 
(b)
is irrational, or
 
 
(c)
is procedurally unfair.
 
 
(3)
The Commissioner must consider an application without a hearing.
 
 
(4)
On the application—
 
 
(a)
if the Commissioner is satisfied that any of the grounds mentioned in
35
 
subsection (2) applies, they must as soon as reasonably practicable
 
 
refer the person’s case to a different Assisted Dying Review Panel for
 
 
a fresh determination under section 15 ;
 
 
(b)
in any other case, the Commissioner must dismiss the application.
 
 
(5)
The Commissioner must give reasons, in writing, for their decision.
40

Page 14

 
(6)
The Commissioner must notify the following of the outcome of the application,
 
 
and give them a document containing their reasons for their decision—
 
 
(a)
the person who made the application;
 
 
(b)
the coordinating doctor;
 
 
(c)
any other person specified in regulations made by the Secretary of
5
 
State.
 
17
Confirmation of request for assistance: second declaration
 
 
(1)
Where—
 
 
(a)
a certificate of eligibility has been granted in respect of a person, and
 
 
(b)
the second period for reflection has come to an end,
10
 
if the person wishes to be provided with assistance to end their own life in
 
 
accordance with this Act, the person must make a further declaration to that
 
 
effect (the “second declaration”).
 
 
(2)
In this section “the second period for reflection” means—
 
 
(a)
the period of 14 days beginning with the day on which the certificate
15
 
of eligibility was granted, or
 
 
(b)
where the coordinating doctor reasonably believes that the person’s
 
 
death is likely to occur before the end of the period of one month
 
 
beginning with the day that the certificate was granted, the period of
 
 
48 hours beginning with that day.
20
 
(3)
A second declaration must be—
 
 
(a)
in the form set out in regulations made by the Secretary of State,
 
 
(b)
signed and dated by the person making the declaration, and
 
 
(c)
witnessed by—
 
 
(i)
the coordinating doctor, and
25
 
(ii)
a person other than the coordinating doctor or the independent
 
 
doctor,
 
 
both of whom must see the declaration being signed.
 
 
(4)
Regulations under subsection (3) (a) must provide that a second declaration
 
 
contains—
30
 
(a)
the following information—
 
 
(i)
the person’s full name and address;
 
 
(ii)
the person’s NHS number;
 
 
(iii)
contact details for the person’s GP practice;
 
 
(iv)
specified information about the certificate of eligibility;
35
 
(b)
the following further declarations by the person—
 
 
(i)
a declaration that they have made a first declaration and have
 
 
not cancelled it;
 
 
(ii)
a declaration that they understand that they must make a
 
 
second declaration in order for assistance to be provided under
40
 
this Act;
 

Page 15

 
(iii)
a declaration that they are making the second declaration
 
 
voluntarily and have not been coerced or pressured by any
 
 
other person into making it;
 
 
(iv)
a declaration that they understand that they may cancel the
 
 
second declaration at any time.
5
 
In this subsection “specified” means specified in the regulations.
 
 
(5)
The coordinating doctor may witness a second declaration only if the
 
 
coordinating doctor is satisfied (immediately before witnessing it) that the
 
 
person making the declaration—
 
 
(a)
is terminally ill,
10
 
(b)
has the capacity to make the decision to end their own life,
 
 
(c)
has a clear, settled and informed wish to end their own life, and
 
 
(d)
is making the declaration voluntarily and has not been coerced or
 
 
pressured by any other person into making it.
 
 
(6)
If the coordinating doctor is so satisfied, they must make a statement to that
15
 
effect.
 
 
(7)
The statement under subsection (6) must be—
 
 
(a)
in the form set out in regulations made by the Secretary of State,
 
 
(b)
signed and dated by the coordinating doctor, and
 
 
(c)
witnessed by the same person who witnessed the second declaration
20
 
under subsection (3) (c) (ii) .
 
 
(8)
Regulations under subsection (7) (a) must provide that a statement under
 
 
subsection (6) contains—
 
 
(a)
the following information—
 
 
(i)
the person’s full name and address;
25
 
(ii)
the person’s NHS number;
 
 
(iii)
the coordinating doctor’s full name and work address;
 
 
(iv)
specified information about the certificate of eligibility;
 
 
(b)
the following declarations by the coordinating doctor (in addition to
 
 
a declaration that they are satisfied of all of the matters mentioned in
30
 
subsection (5) (a) to (d) )—
 
 
(i)
a declaration that they are satisfied that a certificate of eligibility
 
 
has been granted in respect of the person;
 
 
(ii)
a declaration that the second declaration was made after the
 
 
end of the second period for reflection;
35
 
(iii)
if the second declaration was made before the end of the period
 
 
mentioned in subsection (2) (a) , a declaration that they have the
 
 
belief mentioned in subsection (2) (b) ;
 
 
(iv)
a declaration that they are satisfied that neither the first
 
 
declaration nor the second declaration has been cancelled.
40
 
In this subsection “specified” means specified in the regulations.
 
 
(9)
A person may not witness a declaration under subsection (3) (c) (ii) if they are
 
 
disqualified under section 48 from being a witness.
 

Page 16

 
(10)
Where the coordinating doctor has—
 
 
(a)
witnessed a second declaration, or
 
 
(b)
made or refused to make a statement under subsection (6) ,
 
 
the doctor must notify the Commissioner and give them a copy of the second
 
 
declaration or (as the case may be) any statement under subsection (6) .
5
18
Cancellation of declarations
 
 
(1)
A person who has made a first declaration or a second declaration may cancel
 
 
it by giving oral or written notice of the cancellation (or otherwise indicating
 
 
their decision to cancel in a manner of communication known to be used by
 
 
the person) to—
10
 
(a)
the coordinating doctor, or
 
 
(b)
any registered medical practitioner with the person’s GP practice.
 
 
(2)
Where notice or an indication is given to the coordinating doctor under
 
 
subsection (1) (a) , the doctor must as soon as practicable notify the
 
 
Commissioner of the cancellation.
15
 
(3)
Where notice or an indication is given to a registered medical practitioner
 
 
under subsection (1) (b) , the practitioner must, as soon as practicable, notify
 
 
the coordinating doctor and the Commissioner of the cancellation.
 
 
(4)
A cancellation under subsection (1) has effect from the time the notice or
 
 
indication is given.
20
 
(5)
From the time a first declaration is cancelled, any duty or power of the
 
 
coordinating doctor or the independent doctor under sections 9 to 11
 
 
(assessments, statements and referrals) that arose in consequence of that
 
 
declaration ceases to have effect.
 
19
Signing by proxy
25
 
(1)
This section applies where a person intending to make a first declaration or
 
 
a second declaration—
 
 
(a)
declares to a proxy that they are unable to sign their own name (by
 
 
reason of physical impairment, being unable to read or for any other
 
 
reason), and
30
 
(b)
authorises the proxy to sign the declaration on their behalf.
 
 
(2)
A declaration signed by a proxy—
 
 
(a)
in the presence of the person, and
 
 
(b)
in accordance with subsection (3) ,
 
 
has the same effect as if signed by the person themselves.
35
 
(3)
Where a proxy signs a declaration, the proxy is to add, after their signature—
 
 
(a)
their full name and address,
 
 
(b)
the capacity in which they qualify as a proxy,
 
 
(c)
a statement that they have signed in that capacity as a proxy, and
 
 
(d)
the reason why the person was unable to sign their name.
40

Page 17

 
(4)
A proxy may not sign a declaration—
 
 
(a)
unless satisfied that the person understands the nature and effect of
 
 
the making of the declaration,
 
 
(b)
if disqualified under section 48 from being a proxy, or
 
 
(c)
if it is a second declaration and the proxy signed the first declaration
5
 
as a witness.
 
 
(5)
In this section “proxy” means—
 
 
(a)
a person who has known the person making the declaration personally
 
 
for at least two years, or
 
 
(b)
a person of a description specified in regulations made by the Secretary
10
 
of State.
 
 
(6)
For the purposes of this section “declaration” includes the cancellation of a
 
 
declaration.
 
20
Independent advocate
 
 
(1)
The Secretary of State must by regulations make provision as to the
15
 
appointment of persons as independent advocates.
 
 
(2)
The regulations may, in particular, provide—
 
 
(a)
that a person may act as an independent advocate only in such
 
 
circumstances, or only subject to such conditions, as may be specified
 
 
in the regulations;
20
 
(b)
for the appointment of a person as an independent advocate to be
 
 
subject to approval in accordance with the regulations;
 
 
(c)
persons that may appoint independent advocates;
 
 
(d)
provision for payments to be made to, or in relation to, persons
 
 
carrying out the function of an independent advocate under this
25
 
section;
 
 
(e)
training that such advocates must undertake before being appointable;
 
 
and
 
 
(f)
obligations on persons performing functions on this Act to ensure the
 
 
presence of an independent advocate for a qualifying person.
30
 
(3)
The role of independent advocates is to provide support and advocacy to a
 
 
qualifying person who is seeking to understand options around end of life
 
 
care, including the possibility of requesting assistance to end their own life,
 
 
to enable them to effectively understand and engage with all the provisions
 
 
of this Act.
35
 
(4)
For the purposes of subsection (2) a person is a “qualifying person” if they—
 
 
(a)
have—
 
 
(i)
a learning disability,
 
 
(ii)
a mental disorder under section 1 of the Mental Health Act
 
 
1983, or
40
 
(iii)
autism,
 

Page 18

 
(b)
they may experience substantial difficulty in understanding the
 
 
processes or information relevant to those processes or communicating
 
 
their views, wishes or feelings, or
 
 
(c)
they meet criteria that the Secretary of State may specify by regulations.
 
 
(5)
Regulations may not be made under this section unless a draft of the statutory
5
 
instrument containing them has been laid before and approved by a resolution
 
 
of each House of Parliament.
 

Information in medical records

 
21
Recording of declarations, reports etc
 
 
(1)
This section applies where—
10
 
(a)
a first declaration is made by a person;
 
 
(b)
a report about the first assessment of a person is made under section
 
 
9 ;
 
 
(c)
a report about the second assessment of a person is made under section
 
 
10 ;
15
 
(d)
a certificate of eligibility has been granted in respect of a person;
 
 
(e)
a panel has refused to grant such a certificate;
 
 
(f)
a second declaration is made by a person;
 
 
(g)
a statement is made under section 17 (6) , or the coordinating doctor
 
 
refuses to make such a statement, in relation to a person.
20
 
(2)
In this section “recordable event” means an event mentioned in a paragraph
 
 
of subsection (1) .
 
 
(3)
Where the coordinating doctor is a practitioner with the person’s GP practice,
 
 
the coordinating doctor must, as soon as practicable, record the occurrence
 
 
of the recordable event in the person’s medical records.
25
 
(4)
In any other case—
 
 
(a)
the coordinating doctor must, as soon as practicable, give a registered
 
 
medical practitioner with that practice notice of the occurrence of the
 
 
recordable event, and
 
 
(b)
that practitioner must, as soon as practicable, record the occurrence
30
 
of the recordable event in the person’s medical records.
 
 
(5)
A record made under subsection (3) or (4) of a declaration, report or statement
 
 
within subsection (1) must include the original declaration, report or statement.
 
22
Recording of cancellations
 
 
(1)
This section applies where a person cancels a first declaration or a second
35
 
declaration under section 18 .
 
 
(2)
If the notice or indication under that section is given to a registered medical
 
 
practitioner with the person’s GP practice, that practitioner must, as soon as
 
 
practicable, record the cancellation in the person’s medical records.
 

Page 19

 
(3)
In any other case—
 
 
(a)
the registered medical practitioner to whom notice or indication of
 
 
the cancellation is given must, as soon as practicable, notify a registered
 
 
medical practitioner with that practice of the cancellation, and
 
 
(b)
the practitioner notified under paragraph (a) must, as soon as
5
 
practicable, record the cancellation in the person’s medical records.
 

Provision of assistance to end life

 
23
Provision of assistance
 
 
(1)
This section applies where—
 
 
(a)
a certificate of eligibility has been granted in respect of a person,
10
 
(b)
the second period for reflection (within the meaning of section 17 (2) )
 
 
has ended,
 
 
(c)
that person has made a second declaration which has not been
 
 
cancelled, and
 
 
(d)
the coordinating doctor has made the statement under section 17 (6) .
15
 
(2)
The coordinating doctor may, in accordance with this section, provide that
 
 
person with an approved substance (see section 25 ) with which the person
 
 
may end their own life.
 
 
(3)
The approved substance must be provided directly and in person by the
 
 
coordinating doctor to that person.
20
 
(4)
When providing a substance under subsection (3) the coordinating doctor
 
 
must explain to the person that they do not have to go ahead and
 
 
self-administer the substance and that they may still cancel their declaration.
 
 
(5)
The coordinating doctor must be satisfied, at the time the approved substance
 
 
is provided, that the person to whom it is provided—
25
 
(a)
has capacity to make the decision to end their own life,
 
 
(b)
has a clear, settled and informed wish to end their own life, and
 
 
(c)
is requesting provision of that assistance voluntarily and has not been
 
 
coerced or pressured by any other person into doing so.
 
 
(6)
The coordinating doctor may be accompanied by such other health
30
 
professionals, and such other persons, as the coordinating doctor thinks
 
 
necessary.
 
 
(7)
In respect of an approved substance which is provided to the person under
 
 
subsection (2) , the coordinating doctor may—
 
 
(a)
prepare that substance for self-administration by that person,
35
 
(b)
prepare a medical device which will enable that person to
 
 
self-administer the substance, and
 
 
(c)
assist that person to ingest or otherwise self-administer the substance.
 
 
(8)
But the decision to self-administer the approved substance and the final act
 
 
of doing so must be taken by the person to whom the substance has been
40
 
provided.
 

Page 20

 
(9)
Subsection (7) does not authorise the coordinating doctor to administer an
 
 
approved substance to another person with the intention of causing that
 
 
person’s death.
 
 
(10)
The coordinating doctor must remain with the person until—
 
 
(a)
the person has self-administered the approved substance and—
5
 
(i)
the person has died, or
 
 
(ii)
it is determined by the coordinating doctor that the procedure
 
 
has failed, or
 
 
(b)
the person has decided not to self-administer the approved substance.
 
 
(11)
For the purposes of subsection (10) , the coordinating doctor need not be in
10
 
the same room as the person to whom the assistance is provided.
 
 
(12)
Where the person informs the coordinating doctor that they have decided
 
 
not to self-administer the approved substance, or there is any other reason
 
 
to believe that the substance will not be used, the coordinating doctor must
 
 
remove it immediately from that person.
15
24
Authorising another doctor to provide assistance
 
 
(1)
Subject to subsection (2) , the coordinating doctor may authorise, in writing,
 
 
a named registered medical practitioner to carry out the coordinating doctor’s
 
 
functions under section 23 .
 
 
(2)
A registered medical practitioner may be authorised under subsection (1)
20
 
only if—
 
 
(a)
the person to whom the assistance is being provided has been
 
 
consulted and has consented, in writing, to the authorisation of that
 
 
practitioner, and
 
 
(b)
that practitioner has completed such training, and gained such
25
 
qualifications and experience, as the Secretary of State may specify by
 
 
regulations.
 
 
(3)
Regulations under subsection (2) (b) may in particular provide that the required
 
 
training, qualifications or experience is to be determined by a person specified
 
 
in the regulations.
30
 
(4)
Where a registered medical practitioner is authorised under subsection (1) ,
 
 
section 23 applies as if references to the coordinating doctor were to that
 
 
registered medical practitioner.
 
 
(5)
Where a registered medical practitioner who is authorised under subsection
 
 
(1) is not satisfied of all of the matters mentioned in section 23 (5) , they must
35
 
notify the coordinating doctor immediately.
 
 
(6)
Section 19 (signing by proxy) applies in relation to a consent under subsection
 
 
(2) (a) as it applies in relation to a first or second declaration, except that, for
 
 
these purposes, section 19 (4) has effect as if for paragraph (c) there were
 
 
substituted—
40
 
“(c)
if the proxy signed the first or second declaration as a witness.”
 

Page 21

 
(7)
Regulations under subsection (2) (b) must specify that training in respect of
 
 
domestic abuse, including coercive control and financial abuse is mandatory.
 
25
Meaning of “approved substance”
 
 
(1)
The Secretary of State must, by regulations, specify one or more drugs or
 
 
other substances for the purposes of this Act.
5
 
(2)
In this Act “approved substance” means a drug or other substance specified
 
 
in regulations under subsection (1) .
 
 
(3)
See section 34 for provision about prescribing, dispensing, transporting, storing,
 
 
handling and disposing of approved substances.
 
26
Final Statement
10
 
(1)
This section applies where a person has been provided with assistance to end
 
 
their own life in accordance with this Act and has died as a result.
 
 
(2)
The coordinating doctor must complete a statement to that effect (a “final
 
 
statement”).
 
 
(3)
The statement mentioned in subsection (2) must be—
15
 
(a)
in the form set out in regulations made by the Secretary of State, and
 
 
(b)
signed and dated by the coordinating doctor.
 
 
(4)
The coordinating doctor must, as soon as practicable, give a copy of the final
 
 
statement to the Commissioner.
 
 
(5)
Regulations under subsection (3) (a) must provide that a final statement
20
 
contains the following information—
 
 
(a)
the person’s full name and last permanent address;
 
 
(b)
the person’s NHS number;
 
 
(c)
the name and address of the person’s GP practice (at the time of
 
 
death);
25
 
(d)
the coordinating doctor’s full name and work address;
 
 
(e)
the date of each of the following—
 
 
(i)
the first declaration;
 
 
(ii)
the report about the first assessment of the person;
 
 
(iii)
the report about the second assessment of the person;
30
 
(iv)
the certificate of eligibility;
 
 
(v)
the second declaration;
 
 
(vi)
the statement under section 17 (6) ;
 
 
(f)
details of the illness or disease which caused the person to be
 
 
terminally ill (within the meaning of this Act);
35
 
(g)
the approved substance provided;
 
 
(h)
the date and time of death;
 
 
(i)
the time between use of the approved substance and death.
 

Page 22

 
(6)
Where the coordinating doctor is a practitioner with the person’s GP practice,
 
 
the coordinating doctor must, as soon as practicable, record the making of
 
 
the statement in the person’s medical records.
 
 
(7)
In any other case—
 
 
(a)
the coordinating doctor must, as soon as practicable, inform a
5
 
registered medical practitioner with that practice of the making of the
 
 
statement, and
 
 
(b)
the practitioner so informed must, as soon as practicable, record the
 
 
statement in the person’s medical records.
 
 
(8)
A record made under subsection (6) or (7) must include the original statement.
10
27
Other matters to be recorded in medical records
 
 
(1)
This section applies where a person is provided with assistance to end their
 
 
own life in accordance with this Act and either—
 
 
(a)
the person decides not to take the substance, or
 
 
(b)
the procedure fails.
15
 
(2)
The coordinating doctor must, as soon as practicable, notify the Commissioner
 
 
that this has happened.
 
 
(3)
Where the coordinating doctor is a practitioner with the person’s GP practice,
 
 
the coordinating doctor must, as soon as practicable, record that this has
 
 
happened in the person’s medical records.
20
 
(4)
In any other case—
 
 
(a)
the coordinating doctor must, as soon as practicable, inform a
 
 
registered medical practitioner with that practice that this has
 
 
happened, and
 
 
(b)
the practitioner so informed must, as soon as practicable, record that
25
 
fact in the person’s medical records.
 

Protections for health professionals and others

 
28
No obligation to provide assistance etc
 
 
(1)
No registered medical practitioner or other health professional is under any
 
 
duty (whether arising from any contract, statute or otherwise) to participate
30
 
in the provision of assistance in accordance with this Act.
 
 
(2)
An employer must not subject an employee to any detriment for exercising
 
 
their right under subsection (1) not to participate in the provision of assistance
 
 
in accordance with this Act or for participating in the provision of assistance
 
 
to a person in accordance with this Act.
35
29
Criminal liability for providing assistance
 
 
(1)
A person is not guilty of an offence by virtue of—
 

Page 23

 
(a)
providing assistance to a person to end their own life in accordance
 
 
with this Act, or performing any other function under this Act in
 
 
accordance with this Act, or
 
 
(b)
assisting a person seeking to end their own life in accordance with
 
 
this Act, in connection with the doing of anything under this Act.
5
 
(2)
Subsection (1) does not limit the circumstances in which a court can otherwise
 
 
find that a person who has assisted another to end their own life (or to attempt
 
 
to do so) has not committed an offence.
 
 
(3)
In the Suicide Act 1961, after section 2A (acts capable of encouraging or
 
 
assisting suicide) insert—
10
 
“2AA
Assistance provided under Terminally Ill Adults (End of Life) Act
 
 
2025
 
 
(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—
15
 
(a)
providing assistance to a person to end their own life in
 
 
accordance with the Terminally Ill Adults (End of Life) Act
 
 
2025, or performing any other function under that Act in
 
 
accordance with that Act, or
 
 
(b)
assisting a person seeking to end their own life in accordance
20
 
with that Act, in connection with the doing of anything under
 
 
that Act.
 
 
(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
25
 
Terminally Ill Adults (End of Life) Act 2025, and
 
 
(b)
took all reasonable precautions and exercised all due diligence
 
 
to avoid the commission of the offence.”
 
30
Civil liability for providing assistance etc
 
 
(1)
The doing of any of the following does not, of itself, give rise to any civil
30
 
liability—
 
 
(a)
providing assistance to a person to end their own life in accordance
 
 
with this Act;
 
 
(b)
performing any other function under this Act in accordance with this
 
 
Act;
35
 
(c)
assisting a person seeking to end their own life in accordance with
 
 
this Act, in connection with the doing of anything under this Act.
 
 
(2)
Subsection (1) does not apply—
 
 
(a)
in relation to an act done dishonestly, or in some other way done
 
 
otherwise than in good faith, or
40
 
(b)
to any liability in tort arising from a breach of a duty of care owed to
 
 
a person.
 

Page 24

 
(3)
Subsection (1) does not limit the circumstances in which a court can otherwise
 
 
find that a person who has assisted another person to end their own life, or
 
 
to attempt to do so, is not subject to civil liability.
 

Offences

 
31
Dishonesty, coercion or pressure
5
 
(1)
A person who, by dishonesty, coercion or pressure, induces another person
 
 
to make a first or second declaration, or not to cancel such a declaration,
 
 
commits an offence.
 
 
(2)
A person who, by dishonesty, coercion or pressure, induces another person
 
 
to self-administer an approved substance provided under this Act commits
10
 
an offence.
 
 
(3)
A person who commits an offence under subsection (1) is liable on conviction
 
 
on indictment to imprisonment for a term not exceeding 14 years.
 
 
(4)
A person who commits an offence under subsection (2) is liable, on conviction
 
 
on indictment, to imprisonment for life.
15
 
(5)
Proceedings for an offence under this section may be instituted only by or
 
 
with the consent of the Director of Public Prosecutions.
 
32
Falsification or destruction of documentation
 
 
(1)
A person commits an offence if they—
 
 
(a)
make or knowingly use a false instrument which purports to be—
20
 
(i)
a first declaration,
 
 
(ii)
a second declaration, or
 
 
(iii)
a certificate of eligibility, or
 
 
(b)
intentionally or recklessly conceal or destroy a first declaration or a
 
 
second declaration by another person.
25
 
(2)
A person commits an offence if, in relation to another person who has made
 
 
a first declaration under this Act, they knowingly or recklessly provide a
 
 
medical or other professional opinion in respect of a relevant matter which
 
 
is false or misleading in a material particular.
 
 
(3)
In subsection (2) “relevant matter” means a matter relating to any function
30
 
under this Act.
 
 
(4)
A person commits an offence if they intentionally or recklessly fail to comply
 
 
with an obligation under—
 
 
(a)
section 18 (2) or (3) (notification of cancellation of declaration), or
 
 
(b)
section 22 (recording of cancellations).
35
 
(5)
A person who commits an offence under this section is liable—
 
 
(a)
on summary conviction, to imprisonment for a term not exceeding
 
 
the general limit in a magistrates’ court or a fine, or both;
 

Page 25

 
(b)
on conviction on indictment to imprisonment for a term not exceeding
 
 
5 years or a fine, or both.
 
 
(6)
Proceedings for an offence under this section may be instituted only by or
 
 
with the consent of the Director of Public Prosecutions.
 
 
33
Falsification of documentation etc with intent to facilitate provision of
5

assistance

 
 
(1)
A person commits an offence if, with the intention of facilitating the provision
 
 
of assistance to a person (B) under this Act to end their own life, they—
 
 
(a)
make or knowingly use a false instrument which purports to be—
 
 
(i)
a first declaration,
10
 
(ii)
a second declaration, or
 
 
(iii)
a certificate of eligibility,
 
 
(b)
provide a medical or other professional opinion in respect of B which
 
 
is false or misleading in a material particular, or
 
 
(c)
fail to comply with an obligation under section 18 (2) or (3) (notification
15
 
of cancellation of declaration).
 
 
(2)
In subsection (1) the reference to assistance under this Act includes assistance
 
 
purporting to be under this Act.
 
 
(3)
A person who commits an offence under this section is liable, on conviction
 
 
on indictment, to imprisonment for a term not exceeding 14 years.
20
 
(4)
Proceedings for an offence under this section may be instituted only by or
 
 
with the consent of the Director of Public Prosecutions.
 

Regulatory regime for approved substances

 
34
Prescribing, dispensing, transporting etc of approved substances
 
 
(1)
The Secretary of State must, by regulations, make provision—
25
 
(a)
about the prescribing and dispensing of approved substances;
 
 
(b)
about the transportation, storage, handling and disposal of approved
 
 
substances;
 
 
(c)
about the records to be kept in relation to the prescribing, dispensing,
 
 
transportation, storage, handling and disposal of approved substances.
30
 
(2)
Regulations under subsection (1) must make provision about enforcement,
 
 
including provision imposing civil penalties.
 

Investigation and registration of deaths

 
35
Inquests, death certification etc
 
 
(1)
A person is not to be regarded as having died in circumstances to which
35
 
section 1(2)(a) or (b) of the Coroners and Justice Act 2009 (duty to investigate
 

Page 26

 
certain deaths) applies only because the person died as a consequence of the
 
 
provision of assistance to that person in accordance with this Act.
 
 
(2)
In the Births and Deaths Registration Act 1953, after section 39A, insert—
 
“39B
Regulations: assisted dying
 
 
(1)
The Secretary of State may by regulations—
5
 
(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 2025 with such
 
 
modifications as may be prescribed in respect of—
10
 
(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
15
 
registered, and
 
 
(b)
make such incidental, supplemental and transitional provisions
 
 
as the Secretary of State considers appropriate.
 
 
(2)
Regulations under subsection (1) must specify that the following
 
 
information is collected for each assisted death—
20
 
(a)
the person’s age,
 
 
(b)
the person’s gender,
 
 
(c)
the person’s ethnicity,
 
 
(d)
the postcode of the person’s address at the time of their death,
 
 
(e)
whether the person had a disability for the purposes of section
25
 
6 of the Equality Act 2010 (disability), and
 
 
(f)
any illness or disease the person had that was deemed terminal
 
 
for the purposes of section 2 of the Terminally Ill Adults (End
 
 
of Life) Act 2025.
 
 
(3)
Any regulations made under subsection (1) (a) (ii) must provide for the
30
 
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 2025.
 
 
(4)
In subsection (3) “terminal illness” means the illness or disease
35
 
mentioned in section 2(1)(a) of that Act.
 
 
(5)
The power of the Secretary of State to make regulations under
 
 
subsection (1) is exercisable by statutory instrument.
 
 
(6)
Regulations may not be made under subsection (1) unless a draft of
 
 
the statutory instrument containing them has been laid before and
40
 
approved by a resolution of each House of Parliament.”
 
 
(3)
The Registrar General for England and Wales must, at least once each year,
 
 
prepare and lay before Parliament a report providing a statistical analysis of
 

Page 27

 
deaths which have arisen from the provision of assistance to persons in
 
 
accordance with this Act.
 

Codes and guidance

 
36
Codes of practice
 
 
(1)
The Secretary of State must issue one or more codes of practice in connection
5
 
with—
 
 
(a)
the assessment of whether a person has a clear and settled intention
 
 
to end their own life, including—
 
 
(i)
assessing whether the person has capacity to make such a
 
 
decision;
10
 
(ii)
recognising and taking account of the effects of depression or
 
 
other mental disorders (within the meaning of the Mental
 
 
Health Act 1983) that may impair a person’s decision-making;
 
 
(b)
the information which is made available as mentioned in sections 5
 
 
and 11 on treatment or palliative, hospice or other care available to
15
 
the person and under section 11 on the consequences of deciding to
 
 
end their own life;
 
 
(c)
the provision of information and support to persons with learning
 
 
disabilities who are eligible to request assistance to end their own life
 
 
under this Act, including the role of advocates for such persons;
20
 
(d)
the arrangements for providing approved substances to the person
 
 
for whom they have been prescribed, and the assistance which such
 
 
a person may be given to ingest or self-administer them;
 
 
(e)
the arrangements for a qualifying person requesting assistance to end
 
 
their own life to receive the support of an independent advocate under
25
 
section 20 ;
 
 
(f)
responding to unexpected complications that arise in relation to the
 
 
administration of the approved substance under section 23 , including
 
 
when the procedure fails;
 
 
(g)
the forms of proof of identity that are acceptable for the purposes of
30
 
section 8 .
 
 
(2)
The Secretary of State may issue one or more codes of practice in connection
 
 
with any matters relating to the operation of this Act not required under
 
 
subsection (1) as the Secretary of State considers appropriate.
 
 
(3)
The Secretary of State must, within six months of the passing of this Act,
35
 
issue one or more codes of practice in connection with the arrangements for
 
 
ensuring effective communication in connection with the provision of
 
 
assistance to persons in accordance with this Act, including the use of
 
 
interpreters.
 
 
(4)
Before issuing a code under this section the Secretary of State must consult
40
 
such persons as the Secretary of State considers appropriate.
 
 
(5)
A code issued under subsection (1) does not come into force until the Secretary
 
 
of State by regulations so provides.
 

Page 28

 
(6)
When draft regulations are laid before Parliament in accordance with section
 
 
50 , the code to which they relate must also be laid before Parliament.
 
 
(7)
A person performing any function under this Act must have regard to any
 
 
relevant provision of a code.
 
 
(8)
A failure to do so does not of itself render a person liable to any criminal or
5
 
civil proceedings but may be taken into account in any proceedings.
 
37
Guidance about operation of Act
 
 
(1)
The relevant Chief Medical Officer must prepare and publish guidance relating
 
 
to the operation of this Act.
 
 
(2)
Before preparing guidance under this section, the relevant Chief Medical
10
 
Officer must consult such persons as that Chief Medical Officer considers
 
 
appropriate.
 
 
(3)
The persons consulted under subsection (2) must include persons with learning
 
 
disabilities.
 
 
(4)
When preparing that guidance, the relevant Chief Medical Officer must have
15
 
regard to the need to provide practical and accessible information, advice
 
 
and guidance to—
 
 
(a)
persons requesting or considering requesting assistance to end their
 
 
own lives;
 
 
(b)
next of kin and families of such persons;
20
 
(c)
persons with learning disabilities;
 
 
(d)
the general public.
 
 
(5)
In this section “relevant Chief Medical Officer” means—
 
 
(a)
in relation to England, the Chief Medical Officer for England;
 
 
(b)
in relation to Wales, the Chief Medical Officer for Wales.
25

Provision of and about voluntary assisted dying services

 
38
Voluntary assisted dying services: England
 
 
(1)
The Secretary of State must by regulations make provision securing that
 
 
arrangements are made for the provision of voluntary assisted dying services
 
 
in England.
30
 
(2)
In this section “commissioned VAD services” means services provided by
 
 
virtue of regulations under subsection (1) .
 
 
(3)
The Secretary of State may by regulations make other provision about
 
 
voluntary assisted dying services in England (whether or not the services are
 
 
commissioned VAD services).
35
 
(4)
Regulations under this section may for example provide that specified
 
 
references in the National Health Service Act 2006 to the health service
 
 
continued under section 1(1) of that Act include references to commissioned
 
 
VAD services.
 

Page 29

 
(5)
Regulations under this section must provide that section 1(4) of that Act
 
 
(services to be provided free of charge except where charging expressly
 
 
provided for) applies in relation to commissioned VAD services.
 
 
(6)
Regulations under this section may make any provision that could be made
 
 
by an Act of Parliament; but they may not amend this Act.
5
 
(7)
In this section “voluntary assisted dying services” means—
 
 
(a)
services for or in connection with the provision of assistance to a
 
 
person to end their own life in accordance with this Act, and
 
 
(b)
any other services provided by health professionals for the purposes
 
 
of any of sections 5 to 27 except section 15 .
10
39
Voluntary assisted dying services: Wales
 
 
(1)
The Welsh Ministers may by regulations make provision about voluntary
 
 
assisted dying services in Wales, including provision securing that
 
 
arrangements are made for the provision of such services.
 
 
(2)
Regulations under subsection (1) may make any provision that—
15
 
(a)
could be made by an Act of Senedd Cymru, and
 
 
(b)
would be within the legislative competence of the Senedd if it were
 
 
contained in such an Act.
 
 
(3)
The Secretary of State may by regulations make provision about voluntary
 
 
assisted dying services in Wales.
20
 
(4)
Regulations under subsection (3) may make any provision that—
 
 
(a)
could be made by an Act of Parliament, and
 
 
(b)
would not be within the legislative competence of the Senedd if it
 
 
were contained in an Act of the Senedd.
 
 
(5)
Regulations under this section may not amend this Act.
25
 
(6)
In this section “voluntary assisted dying services” has the meaning given by
 
 
section 38 .
 

Notifications and information

 
40
Notifications and provision of information to Commissioner
 
 
(1)
The Secretary of State may by regulations make provision requiring a
30
 
registered medical practitioner to notify the Commissioner of the occurrence
 
 
of an event of a specified description.
 
 
(2)
The Secretary of State may by regulations make provision enabling the
 
 
Commissioner, by notice, to require persons (or a specified description of
 
 
persons) to give the Commissioner information (or a specified description of
35
 
information).
 
 
(3)
Regulations under this section may—
 

Page 30

 
(a)
specify the information which must be contained in a notification
 
 
under subsection (1) ;
 
 
(b)
specify the manner in which such a notification must be given;
 
 
(c)
make provision about enforcement of the regulations.
 
 
(4)
In this section “specified” means specified in the regulations.
5
41
Information sharing
 
 
(1)
The Commissioner may disclose information to a person within subsection
 
 
(3) , for the purposes of any function of either of them.
 
 
(2)
A person within subsection (3) may disclose information to the Commissioner,
 
 
for the purposes of any function of either of them.
10
 
(3)
The persons within this subsection are—
 
 
(a)
the Care Quality Commission;
 
 
(b)
the General Medical Council;
 
 
(c)
the General Pharmaceutical Council;
 
 
(d)
the Nursing and Midwifery Council;
15
 
(e)
any other person specified in regulations made by the Secretary of
 
 
State.
 
 
(4)
The Commissioner and the Secretary of State may disclose information to
 
 
each other, for the purposes of—
 
 
(a)
any function of the Commissioner, or
20
 
(b)
any function of the Secretary of State relating to the operation of this
 
 
Act.
 
42
Obligations of confidence etc
 
 
(1)
A disclosure of information which is required or authorised by or under this
 
 
Act does not breach—
25
 
(a)
any obligation of confidence owed by the person making the disclosure,
 
 
or
 
 
(b)
any other restriction on disclosure (however imposed).
 
 
This is subject to subsection (2) .
 
 
(2)
This Act does not (and regulations under it may not) require or authorise the
30
 
disclosure of information which would contravene the data protection
 
 
legislation (but in determining whether a disclosure required or authorised
 
 
by or under this Act would do so, the requirement or authorisation is to be
 
 
taken into account).
 
 
(3)
In this section “the data protection legislation” has the same meaning as in
35
 
the Data Protection Act 2018 (see section 3 of that Act).
 

Page 31

Monitoring and review

 
43
Reporting on implementation of Act
 
 
(1)
As soon as reasonably practicable after the end of each reporting period, the
 
 
Secretary of State must prepare and publish, and lay before Parliament, a
 
 
report about—
5
 
(a)
progress made in that period in connection with the implementation
 
 
of this Act, and
 
 
(b)
the Secretary of State’s plans for implementing the Act in subsequent
 
 
reporting periods (including the expected timetable for
 
 
implementation).
10
 
(2)
For the purposes of this section the reporting periods are—
 
 
(a)
the period of one year beginning with the day on which this Act is
 
 
passed;
 
 
(b)
each subsequent period of six months (subject to subsection (3) ).
 
 
(3)
The sixth reporting period under subsection (2) (b) is the last reporting period.
15
 
44
Disability Advisory Board on the implementation and implications of the
 

Act for disabled people

 
 
(1)
The Commissioner must, within six months of the Commissioner being
 
 
appointed under this Act, appoint a Disability Advisory Board to advise on
 
 
the implementation and impact of this Act in its operation on disabled people.
20
 
(2)
The Board must include—
 
 
(a)
people who have a disability under the Equality Act 2010,
 
 
(b)
representatives from disabled people’s organisations, and
 
 
(c)
other such persons or organisations as the Commissioner considers
 
 
relevant to the impact of the Act on disabled people.
25
 
(3)
Within six months of its appointment, the Advisory Board must report to the
 
 
Secretary of State and the Commissioner to advise on the implementation of
 
 
the Act and then annually thereafter report on the impact of the Act’s
 
 
operation on disabled people.
 
 
(4)
The Secretary of State must, within three months of receipt of any report
30
 
under subsection (3), lay the report before both Houses of Parliament.
 
45
Monitoring by Commissioner
 
 
(1)
The Commissioner must—
 
 
(a)
monitor the operation of the Act, including compliance with its
 
 
provisions and any regulations or code of practice made under it,
35
 
(b)
investigate, and report to an appropriate national authority on, any
 
 
matter connected with the operation of the Act which the appropriate
 
 
national authority refers to the Commissioner, and
 
 
(c)
submit an annual report to each appropriate national authority on the
 
 
operation of the Act.
40

Page 32

 
(2)
The annual report must include information about the occasions when—
 
 
(a)
a report about the first assessment of a person does not contain a
 
 
statement indicating that the coordinating doctor is satisfied as to all
 
 
of the matters mentioned in section 9 (2) (a) to (h) ;
 
 
(b)
a report about the second assessment of a person does not contain a
5
 
statement indicating that the independent doctor is satisfied as to all
 
 
of the matters mentioned in section 10 (2) (a) to (e) ;
 
 
(c)
a panel has refused to grant a certificate of eligibility;
 
 
(d)
the coordinating doctor has refused to make a statement under section
 
 
17 (6) .
10
 
(3)
An annual report must include information about the application of the Act
 
 
in relation to—
 
 
(a)
persons who have protected characteristics, and
 
 
(b)
any other description of persons specified in regulations made by the
 
 
Secretary of State.
15
 
(4)
When preparing an annual report, the Commissioner must consult—
 
 
(a)
the Chief Medical Officer for England,
 
 
(b)
the Chief Medical Officer for Wales, and
 
 
(c)
such persons appearing to the Commissioner to represent the interests
 
 
of persons who have protected characteristics as the Commissioner
20
 
considers appropriate.
 
 
(5)
An appropriate national authority must—
 
 
(a)
publish any report received under this section,
 
 
(b)
prepare and publish a response to any such report, and
 
 
(c)
lay before Parliament or Senedd Cymru (as the case may be) a copy
25
 
of the report and response.
 
 
(6)
In this section “appropriate national authority” means the Secretary of State
 
 
or the Welsh Ministers.
 
 
(7)
In this section “protected characteristics” has the same meaning as in Part 2
 
 
of the Equality Act 2010 (see section 4 of that Act).
30
46
Review of this Act
 
 
(1)
The Secretary of State must, during the period of 12 months beginning at the
 
 
end of the initial 5-year period—
 
 
(a)
undertake a review of the operation of this Act,
 
 
(b)
prepare a report on that review, and
35
 
(c)
as soon as reasonably practicable, publish and lay the report before
 
 
Parliament.
 
 
(2)
“The initial 5-year period” means the period of five years beginning with the
 
 
day on which this Act is passed.
 
 
(3)
The report must, in particular, set out—
40

Page 33

 
(a)
the extent to which the Act has successfully met its aim of allowing
 
 
adults who are terminally ill, subject to safeguards and protections,
 
 
to request and be provided with assistance to end their own lives;
 
 
(b)
an assessment of the availability, quality and distribution of appropriate
 
 
health services to persons with palliative and end of life care needs,
5
 
including—
 
 
(i)
pain and symptom management;
 
 
(ii)
psychological support for those persons and their families;
 
 
(iii)
information about palliative care and how to access it;
 
 
(c)
an assessment of the impact of this Act on persons with learning
10
 
disabilities, including any concerns about the operation of this Act in
 
 
relation to such persons;
 
 
(d)
any concerns with the operation of this Act which have been raised;
 
 
(e)
the Secretary of State’s response to any such concerns, including any
 
 
recommendations for changes to codes of practice, guidance or any
15
 
enactment (including this Act).
 

General and final

 
47
Provision of information in English and Welsh
 
 
(1)
Any service, report, declaration or certificate of eligibility provided under
 
 
this Act to a person seeking assistance to end their own life must either be—
20
 
(a)
in the person’s first language, if that language is English or Welsh, or
 
 
(b)
their preferred language of English or Welsh.
 
 
(2)
The person’s choice of language under subsection (1) must be recorded in
 
 
that person’s medical records.
 
 
(3)
Any regulations made under sections 7 , 9 , 10 , 17 or 26 specifying the form
25
 
and content of declarations or statements must make provision for their being
 
 
in both the English and Welsh language.
 
 
(4)
No regulations that contain provision for the Welsh language under the
 
 
requirements of subsection (3) may be made unless a draft has been laid
 
 
before and approved by a resolution of Senedd Cymru.
30
 
(5)
An Assisted Dying Review Panel must make certificates of eligibility available
 
 
in either English or Welsh depending on the person’s choice of language
 
 
under subsection (1) .
 
48
Disqualification from being witness or proxy
 
 
(1)
The individuals specified in subsection (2) are disqualified from—
35
 
(a)
witnessing a first declaration by a person under section 7 (2) (c) (ii) ;
 
 
(b)
witnessing a second declaration by a person under section 17 (3) (c) (ii) ;
 
 
(c)
being a proxy for a person intending to have a document signed by
 
 
proxy under section 19 .
 
 
(2)
Those individuals are—
40

Page 34

 
(a)
any relative of the person;
 
 
(b)
anyone who knows or believes that they—
 
 
(i)
are a beneficiary under a will of the person, or
 
 
(ii)
may otherwise benefit financially or in any other material way
 
 
from the death of the person;
5
 
(c)
any health professional who has provided treatment or care for the
 
 
person in relation to that person’s terminal illness;
 
 
(d)
any person who has not attained the age of 18.
 
 
(3)
In subsection (2) (c) , the reference to “terminal illness” means the illness or
 
 
disease mentioned in section 2 (1) (a) .
10
49
Power to make consequential and transitional provision etc
 
 
The Secretary of State may by regulations make—
 
 
(a)
such supplementary, incidental or consequential provision, or
 
 
(b)
such transitory, transitional or saving provision,
 
 
as the Secretary of State considers appropriate for the purposes or in
15
 
consequence of any provision made by this Act.
 
50
Regulations
 
 
(1)
A power to make regulations under any provision of this Act includes power
 
 
to make—
 
 
(a)
different provision for different purposes, and
20
 
(b)
incidental, consequential, transitional or saving provision.
 
 
(2)
Regulations under this Act are to be made by statutory instrument.
 
 
(3)
The Secretary of State may not make a statutory instrument containing
 
 
(whether alone or with other provision) regulations under section 7 (6) , 10 (9) ,
 
 
36 (5) , 38 or 39 unless a draft of the instrument has been laid before, and
25
 
approved by a resolution of, each House of Parliament.
 
 
(4)
Any other statutory instrument made by the Secretary of State containing
 
 
regulations under this Act is subject to annulment in pursuance of a resolution
 
 
of either House of Parliament.
 
 
(5)
The Welsh Ministers may not make a statutory instrument containing
30
 
regulations under section 39 unless a draft of the instrument has been laid
 
 
before, and approved by a resolution of, Senedd Cymru.
 
 
(6)
This section does not apply to regulations under section 54 (commencement).
 
51
Duty to consult before making regulations
 
 
(1)
Before making regulations under section 7 , 9 , 10 , 17 , 24 or 26 , the Secretary
35
 
of State must consult—
 
 
(a)
the Commission for Equality and Human Rights, and
 
 
(b)
such other persons as the Secretary of State considers appropriate.
 

Page 35

 
(2)
The persons to be consulted under subsection (1) (b) must include—
 
 
(a)
persons appearing to the Secretary of State to have expertise in matters
 
 
relating to whether persons have capacity, and
 
 
(b)
persons appearing to the Secretary of State to have expertise in matters
 
 
relating to whether persons have been coerced,
5
 
unless the Secretary of State considers that, having regard to the subject-matter
 
 
of the proposed regulations, it would not be appropriate to consult such
 
 
persons.
 
52
Interpretation
 
 
(1)
In this Act, references to the provision of assistance to a person to end their
10
 
own life in accordance with this Act are to the provision of assistance to that
 
 
person to end their own life in circumstances where the provision is authorised
 
 
by section 1 .
 
 
(2)
In this Act—
 
 
“approved substance” has the meaning given in section 25 (2) ;
15
 
“capacity” (except in section 19 (3) (b) ) is to be construed in accordance
 
 
with section 3 ;
 
 
“certificate of eligibility” has the same meaning as in section 15 ;
 
 
“the Commissioner” has the meaning given by section 4 ;
 
 
“the coordinating doctor” has the meaning given in section 7 (5) ;
20
 
“first assessment” has the same meaning as in section 9 ;
 
 
“first declaration” has the same meaning as in section 7 ;
 
 
“GP practice” , of a person, means the general medical practice with which
 
 
the person is registered;
 
 
“health professional” means—
25
 
(a)
a registered medical practitioner;
 
 
(b)
a registered nurse;
 
 
(c)
a registered pharmacist or a registered pharmacy technician
 
 
within the meaning of the Pharmacy Order 2010 (S.I. 2010/231)
 
 
(see article 3 of that Order);
30
 
“the independent doctor” has the meaning given in section 9 (3) (c) ;
 
 
“preliminary discussion” means a discussion of a kind mentioned in
 
 
section 5 (3) ;
 
 
“relative” , in relation to any person, means—
 
 
(a)
the spouse or civil partner of that person,
35
 
(b)
any lineal ancestor, lineal descendant, sibling, aunt, uncle or
 
 
cousin of that person or the person’s spouse or civil partner,
 
 
or
 
 
(c)
the spouse or civil partner of any relative mentioned in
 
 
paragraph (b) ;
40
 
“second assessment” has the same meaning as in section 10 ;
 
 
“second declaration” has the same meaning as in section 17 .
 

Page 36

 
(3)
For the purpose of deducing any relationship mentioned in the definition of
 
 
“relative” in subsection (2) —
 
 
(a)
a spouse or civil partner includes a former spouse or civil partner and
 
 
a partner to whom the person is not married, and
 
 
(b)
a step-child of any person is treated as that person’s child.
5
 
(4)
For the purposes of this Act, a registered medical practitioner is not to be
 
 
regarded as benefiting financially or in any other material way from the death
 
 
of a person by reason only of the practitioner receiving reasonable
 
 
remuneration for the provision of services in connection with the provision
 
 
of assistance to that person in accordance with this Act.
10
53
Extent
 
 
This Act extends to England and Wales.
 
54
Commencement
 
 
(1)
Sections 43 , 49 to 53 , this section and section 55 come into force on the day
 
 
on which this Act is passed.
15
 
(2)
Section 4 , except subsection (4) of that section, and Schedule 1 come into force
 
 
at the end of the period of one year beginning with the day on which this
 
 
Act is passed.
 
 
(3)
The other provisions of this Act come into force on such day or days as the
 
 
Secretary of State may by regulations appoint.
20
 
(4)
But if any provision of this Act has not been fully brought into force before
 
 
the end of the period of four years beginning with the day on which this Act
 
 
is passed, that provision (so far as not already in force) comes into force at
 
 
the end of that period.
 
 
(5)
Subsections (3) and (4) do not apply in relation to Wales.
25
 
(6)
In relation to Wales, the provisions of this Act not brought into force by
 
 
subsection (1) come into force on such day or days as the Welsh Ministers
 
 
may by regulations appoint (and such regulations may not be made unless
 
 
a draft of the statutory instrument containing them has been laid before, and
 
 
approved by a resolution of, Senedd Cymru).
30
 
(7)
The Secretary of State may by regulations make transitional or saving provision
 
 
in connection with the coming into force of any provision of this Act.
 
 
(8)
The power to make regulations under this section includes power to make
 
 
different provision for different purposes.
 
 
(9)
Regulations under this section are to be made by statutory instrument.
35
55
Short title
 
 
This Act may be cited as the Terminally Ill Adults (End of Life) Act 2025.
 

Page 37

Schedules

 
 
Schedule 1
Section 4
 

The Voluntary Assisted Dying Commissioner

 

Status

 
 
1
(1)
The Commissioner is to be a corporation sole.
5
 
(2)
The Commissioner is not to be regarded as—
 
 
(a)
the servant or agent of the Crown, or
 
 
(b)
as enjoying any status, immunity or privilege of the Crown.
 
 
(3)
The Commissioner’s property is not to be regarded as property of, or
 
 
property held on behalf of, the Crown.
10

General powers

 
 
2
The Commissioner may do anything the Commissioner considers
 
 
appropriate for the purposes of, or in connection with, the Commissioner’s
 
 
functions.
 

Deputy Commissioner

15
 
3
(1)
The Prime Minister must appoint a person to be the Deputy Voluntary
 
 
Assisted Dying Commissioner (the “Deputy Commissioner”).
 
 
(2)
The person appointed must hold or have held office as a judge of—
 
 
(a)
the Supreme Court,
 
 
(b)
the Court of Appeal, or
20
 
(c)
the High Court.
 
 
(3)
The Commissioner may delegate any of the Commissioner’s functions to
 
 
the Deputy Commissioner, to the extent and on the terms that the
 
 
Commissioner determines.
 
 
(4)
The delegation of a function under sub-paragraph (3) does not prevent the
25
 
Commissioner from exercising that function.
 
 
(5)
The functions of the Commissioner are to be carried out by the Deputy
 
 
Commissioner if—
 
 
(a)
there is a vacancy in the office of the Commissioner, or
 
 
(b)
the Commissioner is for any reason unable or unwilling to act.
30

Appointment and tenure of office

 
 
4
(1)
A person holds and vacates office as the Commissioner or Deputy
 
 
Commissioner in accordance with the terms and conditions of their
 
 
appointment as determined by the Secretary of State, subject to the
 
 
provisions of this paragraph.
35

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(2)
An appointment as the Commissioner or Deputy Commissioner is to be
 
 
for a term not exceeding five years.
 
 
(3)
A person may not be appointed as the Commissioner or Deputy
 
 
Commissioner if a relevant appointment of them has been made on two
 
 
occasions.
5
 
“Relevant appointment” here means appointment as the Commissioner or
 
 
Deputy Commissioner.
 
 
(4)
The Commissioner or Deputy Commissioner may resign by giving written
 
 
notice to the Secretary of State.
 
 
(5)
The Secretary of State may by notice in writing remove a person from the
10
 
office of Commissioner or Deputy Commissioner if satisfied that the
 
 
person—
 
 
(a)
has behaved in a way that is not compatible with their continuing
 
 
in office, or
 
 
(b)
is unfit, unable or unwilling to properly discharge their functions.
15

Remuneration

 
 
5
The Secretary of State may pay to, or in respect of, the person holding
 
 
office as the Commissioner or Deputy Commissioner—
 
 
(a)
remuneration;
 
 
(b)
allowances;
20
 
(c)
sums by way of or in respect of pensions.
 

Staff: appointed by Commissioner

 
 
6
(1)
The Commissioner may appoint staff.
 
 
(2)
Staff are to be appointed on terms and conditions determined by the
 
 
Commissioner.
25
 
(3)
The terms and conditions on which a member of staff is appointed may
 
 
provide for the Commissioner to pay to or in respect of the member of
 
 
staff—
 
 
(a)
remuneration;
 
 
(b)
allowances;
30
 
(c)
sums by way of or in respect of pensions.
 
 
(4)
In making appointments under this paragraph, the Commissioner must
 
 
have regard to the principle of selection on merit on the basis of fair and
 
 
open competition.
 
 
(5)
The Employers' Liability (Compulsory Insurance) Act 1969 does not require
35
 
insurance to be effected by the Commissioner.
 

Staff: secondment to Commissioner

 
 
7
(1)
The Commissioner may make arrangements for persons to be seconded to
 
 
the Commissioner to serve as members of the Commissioner's staff.
 

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(2)
The arrangements may include provision for payments by the Commissioner
 
 
to the person with whom the arrangements are made or directly to seconded
 
 
staff (or both).
 
 
(3)
A period of secondment to the Commissioner does not affect the continuity
 
 
of a person's employment with the employer from whose service he or she
5
 
is seconded.
 

Staff: general

 
 
8
(1)
Before appointing staff under paragraph 6 or making arrangements under
 
 
paragraph 7 (1) , the Commissioner must obtain the approval of the Secretary
 
 
of State as to the Commissioner's policies on—
10
 
(a)
the number of staff to be appointed or seconded;
 
 
(b)
payments to be made to or in respect of staff;
 
 
(c)
the terms and conditions on which staff are to be appointed or
 
 
seconded.
 
 
(2)
A function of the Commissioner may be carried out by any of the
15
 
Commissioner's staff to the extent authorised by the Commissioner (but
 
 
this is subject to sub-paragraph (3) ).
 
 
(3)
Sub-paragraph (2) does not apply in respect of—
 
 
(a)
the Commissioner’s function under paragraph 2 (1) of Schedule 2
 
 
of making appointments to the list of persons eligible to be panel
20
 
members;
 
 
(b)
the Commissioner’s function of determining applications for
 
 
reconsideration under section 16 .
 

Financial and other assistance from the Secretary of State

 
 
9
(1)
The Secretary of State may—
25
 
(a)
make payments to the Commissioner of such amounts as the
 
 
Secretary of State considers appropriate;
 
 
(b)
give such financial assistance to the Commissioner as the Secretary
 
 
of State considers appropriate.
 
 
(2)
The Secretary of State may—
30
 
(a)
provide staff in accordance with arrangements made by the Secretary
 
 
of State and the Commissioner under paragraph 7 ;
 
 
(b)
provide premises, facilities or other assistance to the Commissioner.
 

Accounts

 
 
10
(1)
The Commissioner must—
35
 
(a)
keep proper accounts and proper records in relation to them, and
 
 
(b)
prepare a statement of accounts in respect of each financial year in
 
 
the form specified by the Secretary of State.
 
 
(2)
The Commissioner must send a copy of each statement of accounts to the
 
 
Secretary of State and the Comptroller and Auditor General—
40

Page 40

 
(a)
before the end of August next following the end of the financial
 
 
year to which the statement relates, or
 
 
(b)
on or before such earlier date after the end of that year as the
 
 
Treasury may direct.
 
 
(3)
The Comptroller and Auditor General must—
5
 
(a)
examine, certify and report on the statement of accounts, and
 
 
(b)
send a copy of the certified statement and the report to the Secretary
 
 
of State.
 
 
(4)
The Secretary of State must lay before Parliament each document received
 
 
under sub-paragraph (3) (b) .
10
 
(5)
In this paragraph, “financial year” means—
 
 
(a)
the period beginning with the date on which the Commissioner is
 
 
established and ending with the second 31 March following that
 
 
date, and
 
 
(b)
each successive period of 12 months.
15

Application of seal and proof of documents

 
 
11
(1)
The application of the Commissioner's seal is to be authenticated by the
 
 
signature of—
 
 
(a)
the Commissioner, or
 
 
(b)
a person who has been authorised by the Commissioner for that
20
 
purpose (whether generally or specially).
 
 
(2)
A document purporting to be duly executed under the Commissioner’s
 
 
seal or signed on the Commissioner’s behalf—
 
 
(a)
is to be received in evidence, and
 
 
(b)
is to be treated as duly executed or signed in that way, unless the
25
 
contrary is shown.
 

Public Records Act 1958

 
 
12
In Part 2 of the Table in paragraph 3 of the First Schedule to the Public
 
 
Records Act 1958 (bodies whose records are public records), at the
 
 
appropriate place insert—
30
 
“The Voluntary Assisted Dying Commissioner.”
 

House of Commons Disqualification Act 1975

 
 
13
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
 
 
(offices disqualifying person from membership of House of Commons), at
 
 
the appropriate place insert—
35
 
“The Voluntary Assisted Dying Commissioner or the Deputy
 
 
Voluntary Assisted Dying Commissioner.”
 

Page 41

Freedom of Information Act 2000

 
 
14
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
 
 
authorities for the purposes of the Act) , at the appropriate place insert—
 
 
“The Voluntary Assisted Dying Commissioner.”
 

Equality Act 2010

5
 
15
In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities subject
 
 
to public sector equality duty), at the end of the group of entries for bodies
 
 
whose functions relate to health, social care and social security insert—
 
 
“The Voluntary Assisted Dying Commissioner.”
 
 
Schedule 2
Section 14
10

Assisted Dying Review Panels

 

Introduction

 
 
1
In this Schedule—
 
 
(a)
“referral” means a referral under section 14 or 16 (and similar
 
 
references are to be construed accordingly);
15
 
(b)
“panel” means an Assisted Dying Review Panel.
 

List of persons eligible to be panel members

 
 
2
(1)
The Commissioner must make appointments to a list of persons eligible to
 
 
sit as members of panels.
 
 
(2)
A person may be appointed to the list only if—
20
 
(a)
the person (a “legal member”)—
 
 
(i)
holds or has held high judicial office,
 
 
(ii)
is one of His Majesty’s Counsel, or
 
 
(iii)
has (at any time) been requested to act as a judge of the
 
 
Court of Appeal or the High Court by virtue of section 9 (1)
25
 
of the Senior Courts Act 1981 ,
 
 
(b)
the person (a “psychiatrist member”) is—
 
 
(i)
a registered medical practitioner,
 
 
(ii)
a practising psychiatrist, and
 
 
(iii)
registered in one of the psychiatry specialisms in the
30
 
Specialist Register kept by the General Medical Council, or
 
 
(c)
the person is registered as a social worker in a register maintained
 
 
by Social Work England or Social Work Wales (a “social worker
 
 
member”).
 
 
(3)
In this paragraph “high judicial office” means office as—
35
 
(a)
a judge of the Supreme Court,
 

Page 42

 
(b)
a judge of the Court of Appeal, or
 
 
(c)
a judge or deputy judge of the High Court.
 

Tenure of persons appointed to list

 
 
3
(1)
Subject to the provisions of this paragraph, persons on the list hold and
 
 
vacate their appointments in accordance with the terms on which they are
5
 
appointed.
 
 
(2)
An appointment to the list is to be for a period not exceeding five years.
 
 
(3)
A person who has held appointment to the list is eligible for re-appointment
 
 
for one further period not exceeding five years.
 

Membership of panels

10
 
4
(1)
The Commissioner must make arrangements for determining the
 
 
membership of a panel.
 
 
(2)
The arrangements must ensure that a panel consists of—
 
 
(a)
a legal member,
 
 
(b)
a psychiatrist member, and
15
 
(c)
a social worker member.
 
 
(3)
The Commissioner must ensure that each member of a panel has had
 
 
training in respect of domestic abuse, including coercive control and
 
 
financial abuse.
 

Decisions of panels

20
 
5
(1)
The legal member of a panel is to act as its chair.
 
 
(2)
Decisions of a panel may be taken by a majority vote; but this is subject
 
 
to sub-paragraph (3) .
 
 
(3)
The panel is to be treated as having decided to refuse to grant a certificate
 
 
of eligibility if any member votes against a decision to grant such a
25
 
certificate.
 

Panel sittings

 
 
6
(1)
Panels are to determine referrals in public; but this is subject to
 
 
sub-paragraph (2) .
 
 
(2)
The chair of a panel may, at the request of the person to whom a referral
30
 
relates, decide that the panel is to sit in private.
 

Staff and facilities

 
 
7
The Commissioner may make staff and other facilities available to panels.
 

Page 43

Practice and procedure

 
 
8
(1)
The Commissioner may give guidance about the practice and procedure
 
 
of panels.
 
 
(2)
Panels must have regard to any such guidance in the exercise of their
 
 
functions.
5

Reasons

 
 
9
Panels must give reasons, in writing, for their decisions.
 

Money

 
 
10
The Commissioner may pay to or in respect of members of panels—
 
 
(a)
remuneration;
10
 
(b)
allowances;
 
 
(c)
sums by way of or in respect of pensions.
 

House of Commons Disqualification Act 1975

 
 
11
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
 
 
(offices disqualifying persons from membership of House of Commons),
15
 
at the appropriate place insert—
 
 
“Person on the list of those eligible for membership of an Assisted
 
 
Dying Review Panel.”
 
Amendments

No amendments available.