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

Establishment of safe access zones for protected premises

1 Meaning of “protected premises”

In this Act, “protected premises” means—

(a) a building—

(i) that is, contains or forms part of a hospital, and

(ii) in which abortion services are provided, or

(b) a place that is approved under section 1(3) of the Abortion Act 1967 for the purposes of that section but does not include a place forming part of a class of place that is so approved (see section 1(3A)(a) of that Act).

2 Establishment of safe access zones

(1) A safe access zone is established for each protected premises in accordance with this section.

(2) A safe access zone for protected premises consists of—

(a) the protected premises,

(b) the public area of the grounds (if any), and

(c) each public area of land within 200 metres (or such other distance as extended under section 7 or reduced under section 8) of the boundary of the protected site.

(3) The Scottish Ministers must—

(a) on the day on which this section comes into force, publish a list of protected premises and the safe access zone for each protected premises, and

(b) maintain the list in accordance with this Act.

(4) The list maintained under subsection (3)(b) must, for each protected premises—

(a) identify the protected premises by name and address,

(b) if there are grounds, identify the boundary of the grounds by reference to a map,

(c) specify the distance of the boundary of the safe access zone from the boundary of the protected site,

(d) identify the boundary of the safe access zone by reference to a map, and

(e) specify the day on which the safe access zone takes effect.

(5) In subsection (4), references to “protected premises” include references to proposed protected premises notified under section 3(2).

(6) A safe access zone for protected premises (or proposed protected premises) takes effect—

(a) at the beginning of the day on which this section comes into force except in a case mentioned in paragraph (b),

(b) at the beginning of the day specified in the list maintained by the Scottish Ministers under subsection (3)(b) in the case of—

(i) the notification of proposed protected premises under section 3(2),

(ii) the updating of the list in accordance with section 3(4) where the Scottish Ministers become aware of protected premises without such notification,

(iii) the extension of a safe access zone under section 7(2), (3) or (5),

(iv) the reduction of a safe access zone under section 8(1).

(7) In this section—

• “grounds”, in relation to protected premises, means land adjacent to and associated with the protected premises,

• “protected site” means the protected premises and any grounds,

• “public area”, in relation to land, means—

  (a)

  an outdoor area of land that the public may access, and

  (b)

  any partially enclosed structure on the land that the public may access.

3 Notification of proposed protected premises etc.

(1) Subsection (2) applies where, after section 1 comes into force, abortion services are intended to be provided at premises (“proposed protected premises”) being—

(a) a building that is, contains or forms part of a hospital, or

(b) a place that is approved under section 1(3) of the Abortion Act 1967 for the purposes of that section but does not include a place forming part of a class of place that is so approved (see section 1(3A)(a) of that Act).

(2) The operator of the proposed protected premises must notify the Scottish Ministers of the day on which the operator intends to start providing abortion services at the proposed protected premises.

(3) Where the Scottish Ministers receive notification under subsection (2), they must update the list maintained under section 2(3)(b).

(4) If, after section 1 comes into force, the Scottish Ministers become aware that abortion services are being provided at protected premises and no notification has been given in respect of the protected premises in accordance with subsection (2), the Scottish Ministers must update the list maintained under section 2(3)(b).

(5) Where the Scottish Ministers update the list in accordance with subsection (3) or (4), the day specified for the purposes of section 2(4)(e) as the day on which the 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.