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

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.