Gender Recognition Reform (Scotland) Bill

Author: SPICe Research

PDF Published: Thursday 10 Mar 2022 (SB 22-17)

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Overview
Report

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Overview
Report
- Summary
- Introduction
  - Terminology
- Gender Recognition Act 2004
  - History
    
    The application process
    
    Routes for application
    
    Standard track
    
    Alternative track
    
    Overseas track
    
    Decision by the Gender Recognition Panel
- Reason for reform
  - World Health Organisation's reclassification of gender identity
  - International human rights developments
  - International practice on legal gender recognition
- Consultation on reforming the Gender Recognition Act 2004
  - Women and Equalities Committee inquiry 2016
  - Scottish Government consultation 2017
  - UK Government consultation 2018
  - Scottish Government consultation 2019
  - Women and Equalities Committee's inquiry 2021
- Statistics on the trans population
- Equality Act 2010
  - Equality Act 2010: single-sex exceptions
  - Equality Act 2010: other exceptions
- The Bill
  - Key changes proposed
  - Application for a GRC
    
    Eligibility for a GRC
    
    Notice to be given on receipt of application
    
    Grounds on which an application is granted
    
    Statutory declarations and other evidence in relation to marriage or civil partnership
    
    Certificate to be issued
    
    Issue of full GRC to person with interim GRC
  - Gender Recognition outwith Scotland
    
    Gender recognition obtained outwith Scotland
  - Further provision about applications and certificates
    
    Review and appeal of decisions
    
    Offences
  - Reporting on gender recognition
  - Schedule
  - Costs
Sources

Image: Figure 1: Gender Recognition Certificates granted, by gender at birth, 2005-2021

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HM Courts and Tribunals Service. (2021). The General Guide for all Users: Gender Recognition Act 2004. Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/981444/t455-eng.pdf [accessed 7 February 2022]

Scottish Government. (2019, December 17). Gender Recognition Reform (Scotland) Bill: consultation. Retrieved from https://www.gov.scot/publications/gender-recognition-reform-scotland-bill-consultation-scottish-government/pages/1/ [accessed 4 March 2022]

Scottish Government. (2017, November 9). Review of the Gender Recognition Act 2004: A Consultation. Retrieved from https://consult.gov.scot/family-law/review-of-the-gender-recognition-act-2004/user_uploads/sct1017251758-1_gender_p4--3-.pdf [accessed 4 March 2022]

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UK Government Equalities Office. (2021, May 4). The government has reduced the Gender Recognition Certificate fee to £5.. Retrieved from https://www.gov.uk/government/news/gender-recognition-certificate-fee-reduced [accessed 5 March 2022]

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Last Updated: 13/12 12:32pm

Image: Figure 1: Gender Recognition Certificates granted, by gender at birth, 2005-2021

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