Establishment of safe access zones for protected premises
Section 1: Meaning of “protected premises”
6.This section provides the meaning for “
Section 2: Establishment of safe access zones
7.This section establishes a safe access zone for each protected premises. A safe access zone consists of the protected premises, the public area of the grounds (if any) of the protected premises and the public area of land that lies within a boundary that is 200 metres from the boundary of the protected site (which is defined in subsection (7)). Where the safe access zone has been extended or reduced, the distance of the boundary from the boundary of the protected site is the distance determined by the Scottish Ministers under section 7 or 8. That distance is also specified in the list maintained by the Scottish Ministers under subsection (3)(b) (see paragraph 9).
8.Not all areas are included within the safe access zone despite being within the boundary of that zone. The protected premises is the only building that is included within the safe access zone. The rest of the safe access zone consists of the public area of the grounds (if any) and the public area between the boundary of the protected site and the boundary of the safe access zone. “Public area” is defined in subsection (7) to mean an outdoor area of land that the public may access and includes any partially enclosed structure on the land (such as covered walkways, rain shelters and bus stops) that the public may access. “Grounds” is defined as land adjacent to and associated with the protected premises. Therefore, any other buildings (such as residential buildings, shops and enclosed garden sheds) on the grounds or within the boundary of the safe access zone do not form part of the safe access zone.
9.The Scottish Ministers are required to publish and maintain a list of protected premises and each related safe access zone, with the first version of the list to be published on the day that section 2 commences. The details that must be contained in the list are:
the name and address of each protected premises,
a map of the grounds (if any) of the protected premises that shows the boundary of the grounds,
the distance between boundary of the protected site and the boundary of the safe access zone,
a map showing the boundary of the safe access zone, and
the day on which the safe access zone takes effect.
10.If a new safe access zone is established after section 2 commences (because a new protected premises is to start operating or has started operating) or if an existing safe access zone is extended or reduced, the list must specify the day on which the new or revised safe access zone takes effect. In all other cases, a safe access zone takes effect on the day that section 2 commences.(3)
Section 3: Notification of proposed protected premises etc.
11.This section applies where abortion services are intended to be provided at a building or place after the commencement of section 1, and subsection (1) gives the label of “proposed protected premises” as being such a building or place.
12.The operator of the building or place must notify the Scottish Ministers of their intention to start providing abortion services at the building or place. The Scottish Ministers must then update the list maintained under section 2(3)(b) with the details of the proposed protected premises and the day on which the new safe access zone takes effect. That day must be at least 14 days after the list is updated and usually this would also be the day the building or place starts providing abortion services and is therefore protected premises.
13.Failure to give the notice required under subsection (2) does not affect the ability of the premises to become protected premises and have a safe access zone take effect. If the Scottish Ministers become aware that abortion services are being provided at protected premises, then they must update the list maintained under section 2(3)(b) with the details of the proposed protected premises and the day on which the new safe access zone takes effect. That day must be at least 14 days after the list is updated.
See paragraph 32 for explanation of “class of place”.
For cessation of a safe access zone, see paragraph 29.
