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

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.