4. (1) Subject to subsection
(2) of this section, no person shall be under any duty, whether by contract or by any
statutory or other legal requirement, to participate in any treatment authorised by this
Act to which he has conscientious objection: Provided that in any legal proceedings the burden of proof of conscientious
objection shall rest on the person claiming to rely on it.
(2) Nothing in subsection (1) of this section shall affect any duty to participate
in treatment which is necessary to save the life or to prevent grave permanent
injury to the physical or mental health of a pregnant woman.
(3) In any proceedings before a court in Scotland, a statement on oath by any person
to the effect that he has a conscientious objection to participating in any treatment
authorised by this Act shall be sufficient evidence for the purpose of discharging the
burden of proof imposed upon him by subsection (1) of this section.
38.—(1) No person who has a conscientious objection to participating in any
activity governed by this Act shall be under any duty, however arising, to
do so.
(2) In any legal proceedings the burden of proof of conscientious objection
shall rest on the person claiming to rely on it.
(3) In any proceedings before a court in Scotland, a statement on oath by
any person to the effect that he has a conscientious objection to
participating in a particular activity governed by this Act shall be
sufficient evidence of that fact for the purpose of discharging the burden
of proof imposed by subsection (2) above.