Current status: Answered by Shona Robison on 4 November 2021
To ask the Scottish Government what consideration it has given to protecting schools, colleges, charities and other amateur sports groups that may attempt to exercise their rights under section 195 of the Equality Act 2010 in reference to persons who make a self-declaration under the proposed provisions in its draft Gender Recognition Reform (Scotland) Bill.
Section 195 of the Equality Act 2010 sets out exceptions from the requirements of that Act in relation to sport. The 2010 Act is generally reserved to the UK Parliament, including section 195, so the exceptions in the section would continue unaffected by the proposed provisions in the Gender Recognition Reform (Scotland) Bill. The Scottish Government continues to support the rights and protections that women currently have under the Equality Act 2010, and the proposed reforms in the Gender Recognition Reform (Scotland) Bill do not affect this.
There is an explanatory note for section 195 that can be found here Equality Act 2010 - Explanatory Notes (legislation.gov.uk)