Offences relating to safe access zones 20 4 Offence of influencing, preventing access or causing harassment etc. in safe access zone (1) A person who is in a safe access zone for protected premises commits an offence if the person does an act with the intention of, or is reckless as to whether the act has the effect of— 25 (a) influencing the decision of another person to access, provide or facilitate the provision of abortion services at the protected premises, (b) preventing or impeding another person from accessing, providing or facilitating the provision of abortion services at the protected premises, or (c) causing harassment, alarm or distress to another person in connection with the 30 other person’s decision to access, provide or facilitate the provision of abortion services at the protected premises, where in each case the other person is in the safe access zone for the purpose of accessing, providing or facilitating the provision of abortion services at the protected premises. 35 (2) Where a person does an act in a safe access zone constituting an offence under subsection (1) and the act has a continuing effect, it does not matter for the purpose of that subsection whether the other person referred to in the subsection is in the safe access zone at the time the person does the act. (3) A person who commits an offence under subsection (1) is liable— 40 (a) on summary conviction, to a fine not exceeding the statutory maximum, (b) on conviction on indictment, to a fine. 4 Abortion Services (Safe Access Zones) (Scotland) Bill 5 Offence of influencing, preventing access or causing harassment etc. in area visible or audible from safe access zone (1) A person who is in a relevant area relating to protected premises commits an offence if the person— 5 (a) does an act that is capable of being seen or heard by another person who is within the safe access zone for the protected premises, and (b) does so with the intention of, or is reckless as to whether the act has the effect of— (i) influencing the decision of another person to access, provide or facilitate 10 the provision of abortion services at the protected premises, 1 (ii) preventing or impeding another person from accessing, providing or facilitating the provision of abortion services at the protected premises, or (iii) causing harassment, alarm or distress to another person in connection with the other person’s decision to access, provide or facilitate the provision of 15 abortion services at the protected premises, where in each case the other person is in the safe access zone for the protected premises for the purpose of accessing, providing or facilitating the provision of abortion services at the protected premises. (2) In subsection (1), the reference to an act that is capable of being seen or heard by 20 another person does not include an act that is capable of being seen or heard by the other person only indirectly by means of seeing or hearing a recording or transmission of the act received by the other person by electronic means. (3) Where a person does an act in a relevant area relating to protected premises constituting an offence under subsection (1) and the act has a continuing effect, it does not matter 25 for the purpose of that subsection whether any other person referred to in the subsection is in the safe access zone for the protected premises at the time the person does the act. (4) A person who commits an offence under subsection (1) is liable— (a) on summary conviction, to a fine not exceeding the statutory maximum, (b) on conviction on indictment, to a fine. 30 (5) In this section, “relevant area”, in relation to protected premises, means an area that is not a public area (within the meaning of section 2(7)) forming part of the safe access zone for the protected premises but which is situated within the area between the protected premises and the boundary of the safe access zone. 6 Exceptions to offences 35 A person does not commit an offence under section 4(1) or 5(1) where the person does anything in the course of— (a) accompanying with permission another person who is accessing (or attempting to access) abortion services at protected premises but only to the extent that the person’s act affects the other person, 40 (b) providing, or facilitating the provision of, abortion services at protected premises, (c) providing other health care at protected premises, (d) engaging in conduct that is lawful under section 220 (peaceful picketing) of the Trade Union and Labour Relations (Consolidation) Act 1992. 5 Abortion Services (Safe Access Zones) (Scotland) Bill 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 5 distance between the edge of the protected premises 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, 10 they may of their own accord extend the distance between the edge of the protected 1 premises 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 for the protected premises does not adequately protect persons who are accessing, providing or 15 facilitating the provision of abortion services at the 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 edge of the protected premises and the boundary of the safe access 20 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) Where the Scottish Ministers extend a safe access zone under subsection (2), (3) or (5), 25 they must— (a) update the list maintained under section 2(3)(b) to include details of the extended safe access zone, (b) specify in the list the day on which the extended safe access zone is to take effect (being no earlier than 14 days after the list is published under paragraph (c)), and 30 (c) publish the updated list. 8 Reduction of safe access zones (1) The Scottish Ministers may reduce the distance between the edge of the protected premises and the boundary of the safe access zone for one or more protected premises if they consider it appropriate to do so. 35 (2) Where the Scottish Ministers reduce a safe access zone under subsection (1), they must— (a) update the list maintained under section 2(3)(b) to include details of the reduced safe access zone, (b) specify in the list the day on which the reduced safe access zone is to take effect (being no earlier than the day on which the list is published under paragraph (c)), 40 and (c) publish the updated list. 6 Abortion Services (Safe Access Zones) (Scotland) Bill 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. 5 (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— (a) update the list maintained under section 2(3)(b) to remove the reference to the protected premises and the safe access zone for the protected premises, and 10 (b) publish the updated list. 1 10 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 mentioned in section 1(3A)(a) of the Abortion Act 1967 that is 15 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 20 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 25 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 30 place mentioned in subsection (1)(b). (4) Before laying...