Changes to safe access zones
Section 7: Extension of safe access zones
23.A safe access zone can be extended by increasing the distance between the boundary of the safe access zone and the boundary of the protected site. There are three ways a safe access zone can be extended:
Firstly, an operator may apply to the Scottish Ministers for an extension of the zone and the Scottish Ministers may approve the application if they are satisfied that it is appropriate to do so (see subsection (2)). The operator can only make an application to extend the safe access zone if they consider that the current size of the safe access zone does not adequately protect against any act of the type mentioned in section 4(1) or 5(1).(4)
Secondly, the Scottish Ministers may, of their own accord, decide to extend a zone but are required to consider that the current size of the safe access zone does not adequately protect against any act of the type mentioned in section 4(1) or 5(1) (see subsection (3)).(5)
Thirdly, if the Scottish Ministers extend a safe access zone under subsection (2) or (3), then the power in subsection (5) allows the Scottish Ministers to also extend a safe access zone for one or more other protected premises if they consider it appropriate to do so. This extension can be done en bloc to more than one protected premises. Subsection (6) makes it clear that the extension under subsection (5) may be by a different extent for different premises.
24.Before extending a safe access zone the Scottish Ministers must conduct a consultation. Where the operator has applied for the extension, the Scottish Ministers must consult any persons they consider appropriate to consult. In all other extensions, the Scottish Ministers must consult either the operator of the protected premises or persons representative of the interests of operators, as well as any other persons the Scottish Ministers consider appropriate to consult.
25.If a safe access zone is extended, the Scottish Minsters must update the list maintained under section 2(3)(b) with the details of the extended safe access zone and the day on which the extension takes effect (and that day must be at least 14 days after the list is updated).
Section 8: Reduction of safe access zones
26.A safe access zone can be reduced by decreasing the distance between the boundary of the safe access zone and the boundary of the protected site. The Scottish Ministers may choose to reduce the safe access zone of one or more protected premises if they consider it appropriate to do so.
27.Before reducing a safe access zone, the Scottish Ministers must consult either the operator of the protected premises or persons representative of the interests of operators, as well as any other persons the Scottish Ministers consider appropriate to consult.
28.If a safe access zone is reduced, the Scottish Minsters must update the list maintained under section 2(3)(b) with the details of the reduced safe access zone and the day on which the reduction takes effect (that day must be no earlier than the day the list is updated and can be the same day the list is updated).
Section 9: Cessation of safe access zones
29.A safe access zone can only cease to operate if the protected premises stops providing abortion services and therefore the building or place is no longer a protected premises. The operator of a protected premises that intends to stop providing abortion services must notify the Scottish Ministers of the day on which abortion services will stop being provided. The Scottish Ministers must, as soon as practicable after abortion services stop being provided at the premises, update the list maintained under section 2(3)(b) to remove the reference to the affected premises and its related former safe access zone.
30.Failure to notify the Scottish Ministers does not prohibit the Scottish Ministers from updating the list maintained under section 2(3)(b). The status of protected premises would automatically fall away and as a result the safe access zone would cease to attach to the building or place. The duty in section 2(3)(b) to maintain the list would enable the Scottish Ministers to update the list to reflect this.
Section 10: Report on changes to safe access zone
31.If the Scottish Ministers update the list of protected premises and safe access zones as a result of extending or reducing one or more safe access zones, then the Scottish Ministers must lay a report before the Scottish Parliament giving the reasons for the change to the safe access zone or zones. The report must be laid no later than 7 days after the day the list is updated.
Section 11: Power to modify meaning of “protected premises”
32.The Scottish Ministers may modify the definition of “protected premises” in section 1 through regulations, but only to include a class of place (or a place forming part of a class of place) approved under section 1(3) of the 1967 Act or a building or place at which treatments or services relating to abortion services (but not abortion services themselves) are provided. Section 1(3A) of the 1967 Act allows classes of place to be approved (under section 1(3)) in relation to treatment consisting primarily in the use of medicines (for example, General Practitioners’ offices could be approved were practitioners to provide services and treatment in respect of the taking of Mifepristone and Misoprostol). An example of a treatment or service that is related to abortion services is a counselling service which is related to abortion.
33.For buildings and places at which treatments or services relating to abortion services are provided, it may be necessary for the related safe access zones to operate in a different way than what is provided for in the Act. Subsection (6) provides that regulations under subsection (1)(b) can modify the Act where such modification is consequential to the change to the definition of “protected premises”. For example, this may provide that the safe access zone for a specified pharmacy is measured and shaped a different way to what is described in section 2(2). Sections 4 and 5 may also need to be amended to ensure that the offences apply in order to protect persons who are accessing, providing or facilitating treatment or services related to abortion services at that building or place.
34.However, the power to make those regulations relating to such buildings or places under subsection (1)(b) may only be exercised if the Scottish Ministers consider that it is necessary to establish a safe access zone for that building or place (see subsection (2)). That is, that it is necessary to protect persons against an act of a type mentioned in section 4(1) or 5(1)—but see subsection (3) which modifies those sections to apply to places and treatments mentioned in subsection (1)(b).
35.Before regulations may be made under subsection (1)(b), the Scottish Ministers are required to carry out a consultation (see subsection (4)). They must consult the provider of the treatments or services at the building or place, or the operator of the building or place. If the Scottish Ministers consider it appropriate to do so, they must consult the Health Board, local authority and any other person they consider has an interest in the matter.
36.The regulations under subsection (1) are subject to the affirmative procedure(6) and may include the ancillary provision listed, and to make different provision for different purposes.
In the Bill, this is referred to as “
In the Bill, this is referred to as “
The affirmative procedure is defined by section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010.
