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

Changes to safe access zones

7 Extension of safe access zones

(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.

8 Reduction of safe access zones

(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.

9 Cessation of safe access zones

(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).

10 Report on changes to safe access zones

(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.

11 Power to modify meaning of “protected premises”

(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.