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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”.

This is a Government bill

The Bill was introduced on 2 March 2022. Stage 3 ended on 22 December 2022.

The Bill has been passed. Royal Assent is required for it to become an Act.

An Order made under Section 35 of the Scotland Act 1998 means that this Bill cannot receive Royal Assent in its current form.

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Introduced: the Bill and its documents

Overview

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

Why the Bill was created

The Bill aims to improve the process for people applying for legal gender recognition. The Scottish Government considers that the current system is intrusive and can take a long time, which can have a negative impact on applicants. The Government has two specific concerns, which the Bill would mitigate:

  • current rules require a medical diagnosis of “gender dysphoria” and supporting evidence with the application
  • 16 and 17 year olds are not currently allowed to apply for a GRC, which the Government believes is a further negative impact on trans young people

The Government considers that the process set out in the Bill is a balanced and proportionate way of improving the current process of obtaining legal gender recognition. The Government also has included two elements to the Bill to ensure that the process will continue to be a significant step:

  • the existing requirement for a statutory declaration has been retained
  • offences have been created relating to giving false information in an application

The Bill also aims to simplify the process, which the Scottish Government considers to be complex.

Accompanying Documents

Explanatory Notes (219KB, pdf) posted 02 March 2022

Policy Memorandum (290KB, pdf) posted 02 March 2022

Financial Memorandum (149KB, pdf) posted 02 March 2022

Delegated Powers Memorandum (140KB, pdf) posted 02 March 2022

Statements on legislative competence (108KB, pdf) posted 02 March 2022

Accompanying Documents (print versions)

Explanatory Notes (338KB, pdf) posted 02 March 2022

Policy Memorandum (324KB, pdf) posted 02 March 2022

Financial Memorandum (196KB, pdf) posted 02 March 2022

Delegated Powers Memorandum (240KB, pdf) posted 02 March 2022

Statements on legislative competence (143KB, pdf) posted 02 March 2022

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

Research briefing on the Gender Recognition Reform (Scotland) Bill

The Bill was introduced on 2 March 2022

Stage 1: general principles

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Timetable for Stage 1

The Parliament agreed that consideration of the Bill at Stage 1 be completed by 28 October 2022.

Lead committee examines the Bill

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

Call for views (closed)

The Equalities, Human Rights and Civil Justice Committee held a call for views to help inform its examination of the Bill.

Read the call for views

Read the summary of short survey responses (555KB, pdf) posted 23 May 2022

Meetings of the lead committee

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.

Read the summary of the informal session with the Scottish Government officials (72KB, pdf) posted 26 May 2022

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

Read the summary of the private engagement sessions (251KB, pdf) posted 26 May 2022

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

Read the notes from the private evidence from an anonymous witness (183KB, pdf) posted 22 June 2022

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

Read the summary of the private engagement sessions (197KB, pdf) posted 18 July 2022

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

Read the summary of the private engagement sessions (178KB, pdf) posted 18 July 2022

Correspondence: lead committee

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

Gender Recognition Reform Letter from the Cabinet Secretary to the EHRC

Letter from the Cabinet Secretary for Social Justice, Housing and Local Government to the Chair of the Equalities and Human Rights Commission, 17 October 2022

Gender Recognition Reform (Scotland) Bill - Equality Act Single-Sex Exemptions

Letter from For Women Scotland to the Equalities, Human Rights and Civil Justice Committee, 30 August 2022

See a full list of Stage 1 correspondence for this committee

Stage 1 report by the lead committee

The Equalities, Human Rights and Civil Justice Committee published its report on 6 October 2022.

Gender Recognition Reform (Scotland) Bill Stage 1 Report

The Committee received the following response to its report:

Scottish Government response to the Stage 1 Report (524KB, pdf) posted 26 October 2022

Work by other committees

Finance and Public Administration Committee


Delegated Powers and Law Reform Committee

Meetings

Report

The Delegated Powers and Law Reform Committee published its report on 16 May 2022.

Read the report


Stage 1 Debate and decision

A Stage 1 debate took place on 27 October 2022 to consider and decide on the general principles of the Bill.

  • Motion title: Gender Recognition Reform (Scotland) Bill
  • Text of motion: That the Parliament agrees to the general principles of the Gender Recognition Reform (Scotland) Bill.
  • Submitted by: Shona Robison
  • 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

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 27 October 2022

Stage 2: changes to the Bill

At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them. 

First meeting on amendments

Documents with the amendments considered and debated at the meeting held on 15 November 2022.

First Marshalled List of Amendments for Stage 2 (984KB, pdf) posted 10 November 2022

First Groupings of Amendments for Stage 2 (1MB, pdf) posted 10 November 2022

Second meeting on amendments

Documents with the amendments considered and debated at the meeting held on 22 November 2022.

Second Marshalled List of Amendments for Stage 2 (631KB, pdf) posted 17 November 2022

Second Groupings of Amendments for Stage 2 (299KB, pdf) posted 17 November 2022

Stage 2 Correspondence

Gender Recognition Reform - correspondence between the Cabinet Secretary for Social Justice, Housing and Local Government and the UN Special Rapporteur on Violence against Women and Girls

Letter from the Cabinet Secretary for Social Justice, Housing and Local Government to the Convener of the Equalities, Human Rights and Civil Justice Committee, 29 November 2022

Multi Agency Public Protection Arrangements and applications for Gender Recognition Certificates

Letter from the Cabinet Secretary for Social Justice, Housing and Local Government to Pam Duncan-Glancy MSP, 22 November 2022

Bill as amended at Stage 2

Revised Documents

Revised Explanatory Notes (261KB, pdf) posted 20 December 2022

Supplementary Financial Memorandum (85KB, pdf) posted 07 December 2022

Revised Documents (print versions)

Revised Explanatory Notes (465KB, pdf) posted 15 December 2022

Supplementary Financial Memorandum (128KB, pdf) posted 07 December 2022

The Bill ended Stage 2 on 22 November 2022

Stage 3: final changes and vote

At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them.  There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law. 

Debate on proposed amendments

Documents with the amendments considered and debated on 20 and 21 December 2022.

Marshalled List of Amendments for Stage 3 (1MB, pdf) posted 14 December 2022

Groupings of Amendments for Stage 3 (1MB, pdf) posted 19 December 2022


Stage 3 Correspondence

Gender Recognition Reform (Scotland) Bill and the Equality Act

Letter from the Convener of the Equalities, Human Rights and Civil Justice Committee to the Chair of the Women and Equalities Committee, 9 February 2023

Gender Recognition Reform (Scotland) Bill Section 35 Order

Letter from the Cabinet Secretary for Social Justice, Housing and Local Government to the Convener of the Equalities, Human Rights and Civil Justice Committee, 5 February 2023

Gender Recognition Reform (Scotland) Bill Section 35 Order

Letter from The Rt Hon Alister Jack MP, Secretary of State for Scotland to the Convener of the Equalities, Human Rights and Civil Justice Committee, 30 January 2023

Gender Recognition Reform (Scotland) Bill Section 35 Order

Letter from the Convener of the Equalities, Human Rights and Civil Justice Committee to the Cabinet Secretary for Social Justice, Housing and Local Government, 25 January 2023

Gender Recognition Reform (Scotland) Bill Section 35 Order

Letter from the Convener of the Equalities, Human Rights and Civil Justice Committee to the Rt Hon Alister Jack MP, Secretary of State for Scotland, 25 January 2023

See a full list of Stage 3 correspondence for this committee

Final debate on the Bill

Once MSPs have decided on the amendments, they debate whether to pass the Bill.

  • Motion title: Gender Recognition Reform (Scotland) Bill
  • Text of motion: That the Parliament agrees that the Gender Recognition Reform (Scotland) Bill be passed.
  • Submitted by: Shona Robison
  • Date lodged: Monday, 19 December 2022
  • Motion reference: S6M-07312
  • Current status: Taken in the Chamber on Thursday, 22 December 2022

Result 86 for, 39 against, 0 abstained, 4 did not vote Vote Passed

See further details of the motion


Parliament decided to pass the Bill

Final version of the Bill

The Bill ended Stage 3 on 22 December 2022

What's next?

Section 35 Order

The Secretary of State for Scotland has made an Order under section 35 of the Scotland Act 1998 that prevents the Presiding Officer from submitting the Bill for Royal Assent. This means that the Bill cannot become law in its current form.

The Secretary of State’s reasons for making this are set out in schedule 2 of the Order.

Ministerial Statements

Gender Recognition Reform (Scotland) Bill: Section 35 Order - 19 April 2023

Section 35 Order Judicial Review - 20 December 2023