Changes to safe access zones 30 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. 35 (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. 40 (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 5 Abortion Services (Safe Access Zones) (Scotland) Bill 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 5 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. 10 (6A) Before extending a safe access zone under subsection (2), the Scottish Ministers must 1 consult such persons as they consider appropriate. (6B) Before extending a safe access zone under subsection (3) or (5), the Scottish Ministers must consult— (a) either— 15 (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. (7) Where the Scottish Ministers extend a safe access zone under subsection (2), (3) or (5), 20 they must update the list maintained under section 2(3)(b). (8) Where the Scottish Ministers update the list in accordance with subsection (7), 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. 25 8 Reduction of safe access zones (1) The Scottish Ministers may reduce the distance between the boundary of the protected site and the boundary of the safe access zone for one or more protected premises if they consider it appropriate to do so. (1A) Before reducing a safe access zone under subsection (1), the Scottish Ministers must 30 consult— (a) either— (i) the operator of the protected premises, or (ii) such persons as they consider representative of the interests of operators, and 35 (b) such other persons as they consider appropriate. (2) Where the Scottish Ministers reduce a safe access zone under subsection (1), they must update the list maintained under section 2(3)(b). (3) Where the Scottish Ministers update the list in accordance with subsection (2), the day specified for the purposes of section 2(4)(e) as the day on which the reduced safe access 40 zone takes effect must be no earlier than the day on which the list is updated. 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 update the list maintained under section 2(3)(b). 9A Report on changes to safe access zone (1) Subsection (2) applies where the Scottish Ministers have updated the list maintained 10 under section 2(3)(b) in accordance with section 7(7) or 8(2). 1 (2) The Scottish Ministers must, no later than 7 days after the day on which the list is updated, lay a report before the Scottish Parliament setting out the reasons for the change to the safe access zone (or zones) concerned. 10 Power to modify meaning of “protected premises” 15 (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, 20 (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 25 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— 30 (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). 35 (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 40 (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, 7 Abortion Services (Safe Access Zones) (Scotland) Bill (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— 5 (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”. 10 (7) Regulations under subsection (1) are subject to the affirmative procedure. 1 Ministerial guidance 11 Ministerial guidance (1) An operator of protected premises (or proposed protected premises) must have regard to any guidance given by the Scottish Ministers in relation to protected premises (or 15 proposed protected premises) and the establishment, extension, reduction or cessation of safe access zones for protected premises. (2) The Scottish Ministers— (a) must publish any such guidance, and (b) may revise or revoke that guidance. 20 Review of Act 11A Review of Act (1) The Scottish Ministers must, as soon as reasonably practicable after the end of the review period— (a) undertake a review of the operation and effectiveness of the Act, and 25 (b) prepare a report on that review. (2) The Scottish Ministers may delegate their functions under subsection (1) to such a person as they consider appropriate. (2A) When undertaking a review under subsection (1)(a), the Scottish Ministers (or, if applicable, the person to whom the function is delegated under subsection (2)) must 30 consult— (a) the chief constable of the Police Service of Scotland, (b) the Crown Office and Procurator Fiscal Service, (c) operators of protected premises or such persons as are considered representative of the interests of operators, and 35 (d) such other persons as are considered appropriate. (3) The Scottish Ministers must, as soon as reasonably practicable after the report is prepared— (a) publish the report, and (b) lay it before the Scottish Parliament. 8 Abortion Services (Safe Access Zones) (Scotland) Bill (4) In this section, “the review period” means— (a) the period of 2 years beginning on the day on which section 2 comes into force, and (b) each subsequent period of 3 years. 5 General provisions 12 Ancillary power (1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision 10 made under it. 1 (2) Regulations under subsection (1) may modify any enactment (including this Act). (3) Regulations under subsection (1)— (a) are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act (including this Act), but 15 (b) otherwise, are subject to the negative procedure. 13 Interpretation (1) In this Act— “abortion services” means any treatment for the termination of pregnancy authorised under the Abortion Act 1967, 20 “Health Board” means a Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978, “hospital” means a hospital vested in the Scottish Ministers for the purpose of their functions under the National Health Service (Scotland) Act 1978, “operator”, in relation to protected premises or proposed protected premises, 25 means— (a) where the premises are or form part of a hospital, the Health Board in whose area the hospital is situated, (b) where the premises are a place approved under section 1(3) of the Abortion Act 1967 to provide abortion services, the person who is registered by virtue 30 of section 10P of the National Health Service (Scotland) Act 1978 as managing the services, “proposed protected premises” has the meaning given in section 3(1), “protected premises” has the meaning given in section 1, “protected site” has the meaning given in section 2(7), 35 “safe access zone”, in relation to protected premises, is to be construed in accordance with section 2. 14 Crown application (1) Nothing in this Act makes the Crown criminally liable. 9 Abortion Services (Safe Access Zones) (Scotland) Bill (2) But the Court of Session may, on the application of the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable if it were not for subsection (1). (3) Subsection (1) does not affect the criminal liability of persons in the service of the 5 Crown. 15 Commencement (1) This section and sections 12, 13, 14 and 16 come into force on the day after Royal Assent. (2) The other provisions of this Act come into force on such day as the Scottish Ministers 10 may by regulations appoint. 1 (3) Regulations under subsection (2) may— (a) include transitional, transitory or saving provision, (b) make different provision for different purposes. 16 Short title 15 The short title of this Act is the Abortion Services (Safe Access Zones) (Scotland) Act 2024.