The Act
Changes to safe access zones
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.
The affirmative procedure is defined by section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010.
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