Skip to main content

Language: English / Gàidhlig

Loading…

Gender Representation on Public Boards (Amendment) (Scotland) Bill

The Bill removes the definition of “woman” from the Gender Representation on Public Boards (Scotland) Act 2018.

This is a Government bill

The Bill became an Act on 1 August 2024

Introduced: the Bill and its documents

Overview

The Gender Representation on Public Boards (Scotland) Act 2018 (“the 2018 Act”) introduced a requirement that 50% of the non-executive members of public boards should be women. Public boards supervise the activities and performance of the public bodies that deliver functions like health and social care, utilities and transport in Scotland.

Section 2 of the 2018 Act defined a “woman” as including: “a person who has the protected characteristic of gender reassignment (within the meaning of section 7 of the Equality Act 2010) if, and only if, the person is living as a woman and is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of becoming female”.

This Bill removes that definition of “woman” from the 2018 Act.  

Why the Bill was created

In 2022, the Court of Session decided that the definition of “woman” in section 2 of the 2018 Act was outside the legislative powers of the Scottish Parliament and was therefore not law.

The Bill has been introduced by the Scottish Government following that decision.

Accompanying Documents

Explanatory Notes (173KB, pdf) posted 07 November 2023

Policy Memorandum (184KB, pdf) posted 07 November 2023

Financial Memorandum (117KB, pdf) posted 07 November 2023

Statements on legislative competence (109KB, pdf) posted 07 November 2023

Accompanying Documents (print versions)

Explanatory Notes (277KB, pdf) posted 07 November 2023

Policy Memorandum (237KB, pdf) posted 07 November 2023

Financial Memorandum (156KB, pdf) posted 07 November 2023

Statements on legislative competence (160KB, pdf) posted 07 November 2023

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 Representation on Public Boards (Amendment) (Scotland) Bill


The Bill was introduced on 7 November 2023

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 29 March 2024.

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

Meetings of the lead committee

Correspondence: lead committee

Gender Representation on Public Boards (Amendment) (Scotland) Bill

Letter from the Cabinet Secretary for Social Justice to the Convener of the Equalities, Human Rights and Civil Justice Committee, 19 March 2024

See a full list of Stage 1 correspondence

Stage 1 report by the lead committee

The Equalities, Human Rights and Civil Justice Committee published its report on 15 March 2024.

Gender Representation on Public Boards (Amendment) (Scotland) Bill Stage 1 Report

The Committee received the following response to its report:

Letter from the Cabinet Secretary for Social Justice

Stage 1 Debate and decision

A Stage 1 debate took place on 26 March 2024 to consider and decide on the general principles of the Bill.

  • Motion title: Gender Representation on Public Boards (Amendment) (Scotland) Bill
  • Text of motion: That the Parliament agrees to the general principles of the Gender Representation on Public Boards (Amendment) (Scotland) Bill.
  • Submitted by: Shirley-Anne Somerville
  • Date lodged: Monday, 25 March 2024
  • Motion reference: S6M-12639
  • Current status: Taken in the Chamber on Tuesday, 26 March 2024

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 26 March 2024

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. 

Meeting on amendments

No amendments were submitted at Stage 2.

Bill as amended at Stage 2

No amendments were made to the Bill at Stage 2.

The Bill as Introduced remained the current version of the Bill.

The Bill ended Stage 2 on 30 April 2024

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. 

No amendments were submitted ahead of Stage 3 proceedings.

Final debate on the Bill

MSPs debate whether to pass the Bill.

  • Motion title: Gender Representation on Public Boards (Amendment) (Scotland) Bill
  • Text of motion: That the Parliament agrees that the Gender Representation on Public Boards (Amendment) (Scotland) Bill be passed.
  • Submitted by: Shirley-Anne Somerville
  • Date lodged: Monday, 17 June 2024
  • Motion reference: S6M-13664
  • Current status: Taken in the Chamber on Thursday, 20 June 2024

See further details of the motion


Parliament decided to pass the Bill

Final version of the Bill

There were no amendments at Stage 3. The Bill as Introduced is the final version of the Bill.

The Bill ended Stage 3 on 20 June 2024

Bill becomes an Act

The Bill was passed on 20 June 2024 and became an Act on 1 August 2024.

Read the Act

Gender Representation on Public Boards (Amendment) (Scotland) Act 2024