Review of section 22 of the 2004 Act 16A Review of section 22 of the 2004 Act (1) The Scottish Ministers must, no later than 3 years after section 2 comes into force, 30 review the operation of section 22 of the 2004 Act in light of changes made by this Act considering, in particular— (a) whether the criminal offences remain appropriate, (b) whether any further exceptions are necessary under subsection (4) of section 22 of that Act. 35 (2) The Scottish Ministers must publish a report on the review under subsection (1). (3) The report under subsection (1) must set out whether the Scottish Ministers intend, by order under subsection (5) of section 22 of the 2004 Act, to make provision specifying further exceptions, particularly in relation to sharing information to ensure the effective 23 Gender Recognition Reform (Scotland) Bill operation of Part 1 of schedule 9 of the Equality Act 2010, within the legislative competence of the Scottish Parliament. (4) If the Scottish Ministers do not intend to make provision by order as a result of a review under subsection (1), the report under subsection (2) must specify why not. 5 Final provisions 17 Ancillary provision (1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act. 10 (2) Regulations under this section may— 1 (a) make different provision for different purposes, (b) modify any enactment. (3) Regulations under this section— (a) are subject to the affirmative procedure if they add to, replace or omit any part 15 of the text of an Act, (b) otherwise, are subject to the negative procedure. 18 Commencement (1) This section and sections 17 and 19 come into force on the day after Royal Assent. (2) The other provisions of this Act come into force on such day as the Scottish Ministers 20 may by regulations appoint. (3) Regulations under this section may— (a) include transitional, transitory or saving provision, (b) make different provision for different purposes. 19 Short title 25 The short title of this Act is the Gender Recognition Reform (Scotland) Act 2022. 24 Gender Recognition Reform (Scotland) Bill Schedule—Further modification of the 2004 Act and modification of other enactments Part 1—Gender Recognition Act 2004 1 SCHEDULE (introduced by section 16) F URTHER MODIFICATION OF THE 2004 A CT AND MODIFICATION OF OTHER ENACTMENTS P ART 1 5 G ENDER R ECOGNITION A CT 2004 1 The 2004 Act is amended in accordance with this Part. 2 The following provisions are repealed— (a) section 1 and schedule 1, (b) sections 2 to 8, apart from section 4(4), 10 (c) sections 11A to 11D, 1 (d) section 21. 3 In section 10— (a) in subsection (1), after “issued” insert “under this Act as it applies in England and Wales and Northern Ireland”, 15 (b) subsection (1A) is repealed, (c) in subsection (1B)— (i) after “Gender Recognition Panel” insert “under this Act as it applies in England and Wales or Northern Ireland”, (ii) the words “or the sheriff” are repealed, 20 (iii) for “protected Scottish marriage or a protected Scottish civil partnership” substitute “marriage solemnised in Scotland or civil partnership registered in Scotland”, (d) subsection (1C) is repealed. 4 In section 17— 25 (a) in subsection (1), for “a full gender recognition certificate has been issued to any person or revoked” substitute “a person’s gender has become, or ceased to be, the acquired gender”, (b) in subsection (2), for “a full gender recognition certificate has been issued to any person or revoked” substitute “a person’s gender has become, or ceased to be, the 30 acquired gender”. 5 In section 18, in subsection (2), for “Court of Session” substitute “sheriff”. 6 In section 20, in subsection (1), for “to whom a full gender recognition certificate has been issued were not” substitute “had not become”. 7 In section 22, for subsection (2) substitute— 35 “(2) “Protected information” means information which relates to a person— (a) who has made an application for a gender recognition certificate or a confirmatory gender recognition certificate under this Act, and which 25 Gender Recognition Reform (Scotland) Bill Schedule—Further modification of the 2004 Act and modification of other enactments Part 1—Gender Recognition Act 2004 concerns that application or any other application by the person under this Act, or (b) whose gender has become the acquired gender, and which concerns the person’s gender before it became the acquired gender. 5 (2A) In this section, a reference to an application under this Act includes a reference to an application under this Act as it applies in England and Wales or Northern Ireland.”. 8 In section 24— (a) after subsection (5) insert— 10 “(5ZA) Regulations made by the Scottish Ministers under section 8E(8) or 8O(8)— 1 (a) may make incidental, supplementary, consequential, transitional, transitory or saving provision, (b) may make different provision for different purposes, (c) are subject to the negative procedure.”, 15 (b) in subsection (5A)— (i) after “under” insert “— (a) section 8U(1) are subject to— (i) the affirmative procedure if they add to, omit or replace any part of the text of an Act, 20 (ii) otherwise, the negative procedure,”, (ii) the words from “paragraph 20A” to the end become paragraph (b). 9 In section 25, in subsection (1)— (a) in the definition of “the acquired gender”, for “section 1(2)” substitute “sections 8C(3), 8M(2) and 8N(3)(b),”, 25 (b) after the definition of “the appointed day” insert— ““confirmatory gender recognition certificate” means a certificate issued as such under section 8O(6)(b), 8Q(5)(a) or 8R(3)(a),”, (c) for the definition of “full gender recognition certificate” (which includes definitions of “interim gender recognition certificate” and “gender recognition certificate”) 30 substitute— ““full gender recognition certificate” means a certificate issued as such under section 8E(2), (3) or (5), 8F(1), 8H(1), 8I(2)(a), 8J(1), 8K(1), 8Q(5)(a), 8R(3)(a) or 8S(3)(b), “gender recognition certificate” means a full gender recognition certificate 35 or an interim gender recognition certificate, “interim gender recognition certificate” means a certificate issued as such under section 8E(6), 8Q(5)(a), 8R(3)(a) or 8S(3)(b),”, (d) after the definition of “interim gender recognition certificate” (inserted by paragraph (c)) insert— 26 Gender Recognition Reform (Scotland) Bill Schedule—Further modification of the 2004 Act and modification of other enactments Part 1—Gender Recognition Act 2004 ““overseas gender recognition” has the meaning given by section 8N(3)(a), “Scottish birth register entry” has the meaning given by section 8A(3), “statutory declaration” means a declaration made by virtue of the Statutory Declarations Act 1835,”, 5 (e) the definitions of the following terms are repealed— (i) approved country or territory, (ii) gender dysphoria, (iii) Gender Recognition Panel, (iv) protected civil partnership, 10 (v...