23.A safe access zone can be extended by increasing the distance between the boundary of the safe access zone and the boundary of the protected site. There are three ways a safe access zone can be extended:
Firstly, an operator may apply to the Scottish Ministers for an extension of the zone and the Scottish Ministers may approve the application if they are satisfied that it is appropriate to do so (see subsection (2)). The operator can only make an application to extend the safe access zone if they consider that the current size of the safe access zone does not adequately protect against any act of the type mentioned in section 4(1) or 5(1).(4)
Secondly, the Scottish Ministers may, of their own accord, decide to extend a zone but are required to consider that the current size of the safe access zone does not adequately protect against any act of the type mentioned in section 4(1) or 5(1) (see subsection (3)).(5)
Thirdly, if the Scottish Ministers extend a safe access zone under subsection (2) or (3), then the power in subsection (5) allows the Scottish Ministers to also extend a safe access zone for one or more other protected premises if they consider it appropriate to do so. This extension can be done en bloc to more than one protected premises. Subsection (6) makes it clear that the extension under subsection (5) may be by a different extent for different premises.
24.Before extending a safe access zone the Scottish Ministers must conduct a consultation. Where the operator has applied for the extension, the Scottish Ministers must consult any persons they consider appropriate to consult. In all other extensions, the Scottish Ministers must consult either the operator of the protected premises or persons representative of the interests of operators, as well as any other persons the Scottish Ministers consider appropriate to consult.
25.If a safe access zone is extended, the Scottish Minsters must update the list maintained under section 2(3)(b) with the details of the extended safe access zone and the day on which the extension takes effect (and that day must be at least 14 days after the list is updated).
In the Bill, this is referred to as “
In the Bill, this is referred to as “