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Bills and Laws

Gender Recognition Reform (Scotland) Bill

The Bill changes the process to get a gender recognition certificate (GRC). A GRC is a certificate that legally recognises that a person’s gender is not the gender that they were assigned at birth, but is their “acquired gender”.

The current process for obtaining a GRC is set out in the Gender Recognition Act 2004. This Bill amends that Act to make a new process in Scotland.

The Bill sets out:

  • who can apply for a GRC
  • how to make an application
  • the grounds on which an application is to be granted

It also makes provision about:

  • different types of GRC that may be issued in different circumstances (“full” GRCs and “interim” GRCs)
  • appeals and reviews of decisions to grant (or not grant) GRCs
  • revocation of a GRC and offences in connection with false information being provided in an application

The Bill ended Stage 3 on 22 December 2022


Contents


Stage 1 - General principles

Committees examine the Bill and gather views. They produce reports before MSPs debate the Bill in the Chamber. MSPs then decide on the purpose (“general principles”) of the Bill.

The Bill ended Stage 1 on 27 October 2022

Committee Examination

The lead committee for this Bill is the Equalities, Human Rights and Civil Justice Committee

Find out more about this committee

Responses to the call for views

The call for views ended on 16 May 2022.

View the responses

Timetable

The timetable that the committee followed while examining the Bill at Stage 1

Parliament agreed that consideration of the Gender Recognition Reform (Scotland) Bill at Stage 1 be completed by 28 October 2022.

The lead committee published its Stage 1 Report on 6 October 2022.

The Stage 1 Debate will take place on 27 October 2022.

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Meeting on 17 May 2022
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Meeting on 24 May 2022
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Meeting on 31 May 2022
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Meeting on 7 June 2022
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Meeting on 14 June 2022
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Meeting on 21 June 2022
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Meeting on 22 June 2022
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Meeting on 28 June 2022
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Engagement

Other ways the committee heard views and experiences

The Committee held an informal briefing with officials from the Scottish Government’s Bill Team on 15 March to better understand the provisions in the Bill before starting formal oral evidence at stage 1. The Committee will hear from the Cabinet Secretary at conclusion of its evidence taking.

As agreed at its meeting of 15 March, the Committee held two informal, private engagement sessions with trans people and other stakeholders.

On 7 June, the Committee took private evidence from an anonymous witness.

On 20 June, the Committee held two informal, private engagement sessions with members of parent support groups.

On 27 June, the Committee held two informal, private engagement sessions with people with lived experiences.

Correspondence

Committee correspondence sent and received while the Bill progressed through Parliament

Scottish Government response to Equality and Human Rights Commission briefing on Gender Recognition Reform

Letter from the Cabinet Secretary for Social Justice, Housing and Local Government to the Chair of the Equality and Human Rights Commission, 30 November 2022

Gender Recognition Reform Gender Identity Healthcare

Letter from the Cabinet Secretary for Health and Social Care to the Convener of the Equalities, Human Rights and Civil Justice Committee, 21 November 2022

Further information regarding the application process for a Gender Recognition Certificate

Letter from the Cabinet Secretary for Social Justice, Housing and Local Government to Pam Duncan-Glancy MSP, 7 November 2022

Read all the correspondence received on this Bill

Work by other committees

Delegated Powers and Law Reform Committee

Meeting on 10 May 2022

Report published on 16 May 2022

Finance and Public Administration Committee

Scrutiny of Financial Memorandum

Committee report

The lead committee published its Stage 1 Report on 6 October 2022.

Stage 1 Report on the Gender Recognition Reform (Scotland) Bill

The Committee received the following responses to its report –

Debate

MSPs debate the purpose (“general principles”) of the Bill.

Meeting on 27 October 2022

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Vote

MSPs vote on the general principles of the Bill.

Meeting on 27 October 2022

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Motion ref. S6M-06459

Gender Recognition Reform (Scotland) Bill

  • Submitted by: Shona Robison, Dundee City East, Scottish National Party.
  • Date lodged: Tuesday, 25 October 2022
  • Motion reference: S6M-06459
  • Current status: Taken in the Chamber on Thursday, 27 October 2022

Result 88 for, 33 against, 4 abstained, 4 did not vote Vote Passed

MSPs agreed that this Bill could continue