Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

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

Type Act of the Scottish Parliament

Publication 2024-07-22

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Establishment of safe access zones for protected premises

Meaning of “protected premises”

1

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).

Establishment of safe access zones

2

(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,

(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— an outdoor area of land that the public may access, and any partially enclosed structure on the land that the public may access.

Notification of proposed protected premises etc.

3

(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.

Offences relating to safe access zones

Offence of influencing, preventing access or causing harassment etc. in safe access zone

4

(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—

(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 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.

(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—

(a) on summary conviction, to a fine not exceeding the statutory maximum,

(b) on conviction on indictment, to a fine.

Offence of influencing, preventing access or causing harassment etc. in area visible or audible from safe access zone

5

(1) A person who is in a relevant area relating to protected premises commits an offence if the person—

(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 the provision of abortion services at the protected premises,

(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 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 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 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.

(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.

Exceptions to offences

6

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,

(b) providing, or facilitating the provision of, abortion services 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.

Changes to safe access zones

Extension of safe access zones

7

(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.

Reduction of safe access zones

8

(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.

(2) Before reducing a safe access zone under subsection (1), the Scottish Ministers must consult—

(a) either—

(i) the operator of the protected premises, or

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.