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SPBill13S062022
Gender recognition outwith Scotland 8 Gender recognition obtained outwith Scotland After section 8L of the 2004 Act (inserted by section 7) insert— “8M Gender recognition obtained elsewhere in the United Kingdom 25 (1) Where a person has been issued with a full gender recognition certificate under this Act as it applies in England and Wales or Northern Ireland— (a) the person is to be treated for all purposes as if the person had, when that certificate was issued, been issued with a full gender recognition certificate by the Registrar General for Scotland, and 30 (b) accordingly, the person’s gender is the acquired gender. (2) In this Act, “the acquired gender”, in relation to a person mentioned in subsection (1), means the person’s gender under the law of England and Wales or Northern Ireland following the issue of the certificate. 8N Gender recognition obtained outwith the United Kingdom 35 (1) Where a person has obtained overseas gender recognition— (a) the person is to be treated for all purposes as if the person had, when that recognition was obtained, been issued with a full gender recognition certificate by the Registrar General for Scotland, and (b) accordingly, the person’s gender is the acquired gender. 40 (2) But subsection (1) does not apply if it would be manifestly contrary to public policy to treat the person as mentioned in subsection (1)(a). 9 Gender Recognition Reform (Scotland) Bill (3) In this Act— (a) “overseas gender recognition” means gender recognition obtained in a country or territory outwith the United Kingdom which resulted in a person’s gender under the law of that country or territory becoming 5 male instead of female, or female instead of male, (b) “the acquired gender”, in relation to a person mentioned in subsection (1) (where that subsection applies), means the person’s gender under the law of the country or territory in which the person obtained gender recognition, following the recognition being obtained. 10 (4) This section— 1 (a) applies whether or not the person has been issued with a confirmatory gender recognition certificate under section 8O, (b) does not apply to a person who has been issued with a full gender recognition certificate under this Act (including as it applies in England 15 and Wales or Northern Ireland). 8O Issue of confirmatory gender recognition certificate by Registrar General for Scotland (1) A person who has obtained overseas gender recognition may apply to the Registrar General for Scotland for a confirmatory gender recognition certificate. 20 (2) A confirmatory gender recognition certificate is a certificate confirming that a person has obtained overseas gender recognition. (3) An application under subsection (1) must include— (a) evidence of the overseas gender recognition obtained by the applicant, or 25 (b) if the applicant is unable to provide such evidence, a statutory declaration by the applicant as to the matters set out in subsection (4). (4) Those matters are— (a) that the applicant has obtained overseas gender recognition, (b) the reason that the applicant is unable to provide evidence of that 30 recognition, (c) the gender acquired by the applicant as a result of that recognition, (d) the country or territory in which the recognition was obtained, (e) the date on which the recognition was obtained, (f) the place or register where details of the recognition— 35 (i) are available, or (ii) if they are not available, would have been available and the reason why they are not available. (5) An application under subsection (1) must also set out the applicant’s reasons for making the application. 40 (6) The Registrar General— (a) may reject an application under subsection (1) if— (i) the application includes a statutory declaration under subsection (3)(b), and (ii) the Registrar General is not satisfied that the applicant was unable 45 to provide evidence of the overseas gender recognition, 10 Gender Recognition Reform (Scotland) Bill (b) otherwise, must grant an application under subsection (1) if satisfied that the applicant has obtained overseas gender recognition. (7) Where the Registrar General grants an application under subsection (1), the Registrar General must issue a confirmatory gender recognition certificate to 5 the applicant. (8) The Scottish Ministers may by regulations specify the content and form of confirmatory gender recognition certificates. (9) The Scottish Ministers must consult the Registrar General before making regulations under subsection (8). 10 8P Determination by court of question as to overseas gender recognition 1 (1) This section applies where a question arises as to whether— (a) a person has obtained overseas gender recognition, or (b) it would be manifestly contrary to public policy to treat a person who has obtained overseas gender recognition as if the person had been issued 15 with a full gender recognition certificate by the Registrar General for Scotland, in accordance with section 8N(1). (2) A court may make an order determining the question mentioned in subsection (1)— (a) where the question arises in the course of civil proceedings before the 20 court, or (b) on an application being made to the court by a person who has an interest in the question. (3) An order under subsection (2) may determine the question— (a) for all purposes, or 25 (b) for such purposes as are specified in the order. (4) Proceedings under this section are to be heard in private if the person to whom the question relates so requests. (5) Where a court makes an order under subsection (2), the court may make such other order as it considers appropriate in consequence of, or otherwise in 30 connection with, the order under subsection (2). (6) In this section, “a court” means the Court of Session or a sheriff. (7) This section does not apply in relation to a person to whom a full gender recognition certificate has been issued under this Act (including as it applies in England and Wales or Northern Ireland).”. 35 Further provision about applications and certificates 9 Review and appeal of decisions After section 8P of the 2004 Act (inserted by section 8) insert— 11 Gender Recognition Reform (Scotland) Bill “Review and appeal of decisions by Registrar General for Scotland 8Q Review of Registrar General for Scotland’s decision on application for certificate (1) Subsection (2) applies where the Registrar General for Scotland has determined 5 an application under— (a) section 8A(1) for a gender recognition certificate, (b) section 8F(1), 8J(1) or 8K(1) for a full gender recognition certificate, or (c) section 8O(1) for a confirmatory gender recognition certificate. 10 (2) The person who made the application (the “applicant”) may request that the 1 Registrar General reviews the determination on the ground that— (a) the application was incorrectly rejected, or (b) in the case of an application under section 8A(1), the wrong type of gender recognition certificate was issued. 15 (3) A request under subsection (2) is to be made in writing. (4) The Registrar General— (a) must comply with the request if it is made within the period of 40 working days beginning with the day on which the application is determined, 20 (b) may (but need not) comply with the request if it is made after the end of that period. (5) Following a review under this section, the Registrar General must— (a) if satisfied that— (i) the application was incorrectly rejected, grant the application 25 and issue a certificate to the applicant, (ii) the wrong type of gender recognition certificate was issued, revoke the certificate that was issued and issue a new...
Official Report
Meeting date:
28 September 2016
Rural Economy and Connectivity Committee 28 September 2016
I acknowledge that many colleagues are new. Will the clerk confirm whether the period is 40 or 42 days?
Official Report
Meeting date:
1 June 2017
Meeting of the Parliament 01 June 2017
The income and poverty statistics for 2015-16, which were published in March this year, indicate rising levels of child poverty in Scotland, with 26 per cent of children living in relative poverty after housing costs.
Official Report
Meeting date:
20 September 2017
Rural Economy and Connectivity Committee 20 September 2017
The area that was being looked at was enormous and councillors could have been dealing with up to 26 community councils. How would a member attend those?
Official Report
Meeting date:
17 May 2017
Local Government and Communities Committee 17 May 2017
One of our sites in Glasgow is an automatic number plate recognition site. That is the latest technology, which Tony McElroy talked about, but it cannot monitor every space, so we patrol to check for such abuse.
Official Report
Meeting date:
21 April 2022
Constitution, Europe, External Affairs and Culture Committee 21 April 2022
To go back to the questions about follow-up visits and follow-up safeguarding arrangements, undertaking all that will require additional resources.
Official Report
Meeting date:
17 March 2022
COVID-19 Recovery Committee 17 March 2022
Bowel cancer screening has resumed and new home testing kits have been sent out.
Official Report
Meeting date:
6 May 2025
Local Government, Housing and Planning Committee 06 May 2025
Build-to-rent construction activity has fallen by 26 per cent over the past year, as schemes already under development have been completed.
Official Report
Meeting date:
14 March 2012
Finance Committee 14 March 2012
Although many aspects of it remain intact, we have introduced new indicators and additional outcomes in the framework.
Official Report
Meeting date:
20 March 2014
Meeting of the Parliament 20 March 2014
Amendment 21 moved—Fergus Ewing—and agreed to. Section 26—Recall of sequestration by Accountant in Bankruptcy Amendments 22 to 42 moved—Fergus Ewing—and agreed to.
