Search Legislation

Abortion Services (Safe Access Zones) (Scotland) Act 2024

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Changes over time for: Cross Heading: Changes to safe access zones

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Abortion Services (Safe Access Zones) (Scotland) Act 2024, Cross Heading: Changes to safe access zones. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Changes to safe access zonesS

7Extension of safe access zonesS

(1)If an operator of protected premises considers that the condition mentioned in subsection (4) is met, the operator may apply to the Scottish Ministers for an extension of the distance between the boundary of the protected site and the boundary of the safe access zone to an extent that the operator considers appropriate.

(2)The Scottish Ministers may approve an application made under subsection (1) if they are satisfied that it is appropriate to do so.

(3)If the Scottish Ministers consider that the condition mentioned in subsection (4) is met, they may of their own accord extend the distance between the boundary of the protected site and the boundary of the safe access zone to an extent that they consider appropriate.

(4)The condition referred to in subsections (1) and (3) is that the safe access zone does not adequately protect persons who are accessing, providing or facilitating the provision of abortion services at the related protected premises from any act of a type mentioned in section 4(1) or 5(1).

(5)Where the Scottish Ministers extend a safe access zone for protected premises under subsection (2) or (3), they may, for one or more other protected premises, extend the distance between the boundary of the protected site and the boundary of the safe access zone (to an extent that they consider appropriate) if they consider it appropriate to do so.

(6)The Scottish Ministers may extend the distance mentioned in subsection (5) in relation to other protected premises by a different extent for different premises.

(7)Before extending a safe access zone under subsection (2), the Scottish Ministers must consult such persons as they consider appropriate.

(8)Before extending a safe access zone under subsection (3) or (5), the Scottish Ministers must consult—

(a)either—

(i)the operator of the protected premises, or

(ii)such persons as they consider representative of the interests of operators, and

(b)such other persons as they consider appropriate.

(9)Where the Scottish Ministers extend a safe access zone under subsection (2), (3) or (5), they must update the list maintained under section 2(3)(b).

(10)Where the Scottish Ministers update the list in accordance with subsection (9), the day specified for the purposes of section 2(4)(e) as the day on which the extended safe access zone takes effect must be no earlier than the end of the period of 14 days beginning with the day on which the list is updated.

Commencement Information

I1S. 7 not in force at Royal Assent, see s. 17(2)

I2S. 7 in force at 24.9.2024 by S.S.I. 2024/232, reg. 2

8Reduction of safe access zonesS

(1)The Scottish Ministers may reduce the distance between the boundary of the protected site and the boundary of the safe access zone for one or more protected premises if they consider it appropriate to do so.

(2)Before reducing a safe access zone under subsection (1), the Scottish Ministers must consult—

(a)either—

(i)the operator of the protected premises, or

(ii)such persons as they consider representative of the interests of operators, and

(b)such other persons as they consider appropriate.

(3)Where the Scottish Ministers reduce a safe access zone under subsection (1), they must update the list maintained under section 2(3)(b).

(4)Where the Scottish Ministers update the list in accordance with subsection (3), the day specified for the purposes of section 2(4)(e) as the day on which the reduced safe access zone takes effect must be no earlier than the day on which the list is updated.

Commencement Information

I3S. 8 not in force at Royal Assent, see s. 17(2)

I4S. 8 in force at 24.9.2024 by S.S.I. 2024/232, reg. 2

9Cessation of safe access zonesS

(1)If an operator of protected premises intends to cease providing abortion services at the protected premises, the operator must, as soon as practicable, notify the Scottish Ministers of the day on which abortion services will cease to be provided at the protected premises.

(2)Where the Scottish Ministers receive notification under subsection (1), they must, as soon as practicable after abortion services cease to be provided at the protected premises, update the list maintained under section 2(3)(b).

Commencement Information

I5S. 9 not in force at Royal Assent, see s. 17(2)

I6S. 9 in force at 24.9.2024 by S.S.I. 2024/232, reg. 2

10Report on changes to safe access zonesS

(1)Subsection (2) applies where the Scottish Ministers have updated the list maintained under section 2(3)(b) in accordance with section 7(9) or 8(3).

(2)The Scottish Ministers must, no later than 7 days after the day on which the list is updated, lay a report before the Scottish Parliament setting out the reasons for the change to the safe access zone (or zones) concerned.

Commencement Information

I7S. 10 not in force at Royal Assent, see s. 17(2)

I8S. 10 in force at 24.9.2024 by S.S.I. 2024/232, reg. 2

11Power to modify meaning of “protected premises”S

(1)The Scottish Ministers may by regulations modify the definition of “protected premises” in section 1 to include—

(a)a class of place, or a place forming part of a class of place, mentioned in section 1(3A)(a) of the Abortion Act 1967 that is approved under section 1(3) of that Act for the purposes of that section,

(b)a building or place at which treatments or services relating to abortion services are provided.

(2)The Scottish Ministers may exercise the power in subsection (1)(b) in relation to a building or place mentioned in that subsection only if they consider that it is necessary to establish a safe access zone in relation to that building or place to protect persons who are accessing, providing or facilitating the provision of treatments or services relating to abortion services at the building or place against an act mentioned in subsection (3).

(3)The act referred to in subsection (2) is an act of a type mentioned in section 4(1) or 5(1) but the references in those subsections to—

(a)“protected premises” are to be read as if they were references to a building or place mentioned in subsection (1)(b), and

(b)“abortion services at the protected premises” are to be read as if they were references to treatments or services relating to abortion services at a building or place mentioned in subsection (1)(b).

(4)Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1)(b) before the Scottish Parliament in relation to a building or place, the Scottish Ministers—

(a)must consult—

(i)the provider of the treatments or services at the building or place, or

(ii)the operator of the building or place, and

(b)if they consider it appropriate to do so, must consult—

(i)the Health Board in whose area the building or place is situated,

(ii)the local authority in whose area the building or place is situated,

(iii)any other person they consider has an interest in the building or place becoming protected premises for the purpose of this Act.

(5)Regulations under subsection (1) may—

(a)make incidental, supplementary, consequential, transitional, transitory or saving provision,

(b)make different provision for different purposes.

(6)Regulations under subsection (1)(b) may modify this Act where such modification is consequential to the modification of the definition of “protected premises”.

(7)Regulations under subsection (1) are subject to the affirmative procedure.

Commencement Information

I9S. 11 not in force at Royal Assent, see s. 17(2)

I10S. 11 in force at 24.9.2024 by S.S.I. 2024/232, reg. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources