The Bill changes the process to get a gender recognition certificate (GRC). A GRC is a certificate that legally recognises that a person’s gender is not the gender that they were assigned at birth, but is their “acquired gender”.
This is a Government bill
The Bill was introduced on 2 March 2022. Stage 3 ended on 22 December 2022.
The Bill has been passed. Royal Assent is required for it to become an Act.
An Order made under Section 35 of the Scotland Act 1998 means that this Bill cannot receive Royal Assent in its current form.
The Bill changes the process to get a gender recognition certificate (GRC). A GRC is a certificate that legally recognises that a person’s gender is not the gender that they were assigned at birth, but is their “acquired gender”.
The current process for obtaining a GRC is set out in the Gender Recognition Act 2004. This Bill amends that Act to make a new process in Scotland.
The Bill sets out:
It also makes provision about:
The Bill aims to improve the process for people applying for legal gender recognition. The Scottish Government considers that the current system is intrusive and can take a long time, which can have a negative impact on applicants. The Government has two specific concerns, which the Bill would mitigate:
The Government considers that the process set out in the Bill is a balanced and proportionate way of improving the current process of obtaining legal gender recognition. The Government also has included two elements to the Bill to ensure that the process will continue to be a significant step:
The Bill also aims to simplify the process, which the Scottish Government considers to be complex.
Gender Recognition Reform (Scotland) Bill (1MB, pdf) posted 02 March 2022
The Introduction of the Gender Recognition Reform (Scotland) Bill
Explanatory Notes (219KB, pdf) posted 02 March 2022
Policy Memorandum (290KB, pdf) posted 02 March 2022
Financial Memorandum (149KB, pdf) posted 02 March 2022
Delegated Powers Memorandum (140KB, pdf) posted 02 March 2022
Statements on legislative competence (108KB, pdf) posted 02 March 2022
Explanatory Notes (338KB, pdf) posted 02 March 2022
Policy Memorandum (324KB, pdf) posted 02 March 2022
Financial Memorandum (196KB, pdf) posted 02 March 2022
Delegated Powers Memorandum (240KB, pdf) posted 02 March 2022
Statements on legislative competence (143KB, pdf) posted 02 March 2022
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
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 Recognition Reform (Scotland) Bill
The Bill was introduced on 2 March 2022
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.
The Parliament agreed that consideration of the Bill at Stage 1 be completed by 28 October 2022.
The lead committee for this Bill is the Equalities, Human Rights and Civil Justice Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The Equalities, Human Rights and Civil Justice Committee held a call for views to help inform its examination of the Bill.
Read the summary of short survey responses (555KB, pdf) posted 23 May 2022
The Committee held an informal briefing with officials from the Scottish Government’s Bill Team on 15 March to better understand the provisions in the Bill before starting formal oral evidence at stage 1. The Committee will hear from the Cabinet Secretary at conclusion of its evidence taking.
Read the summary of the informal session with the Scottish Government officials (72KB, pdf) posted 26 May 2022
As agreed at its meeting of 15 March, the Committee held two informal, private engagement sessions with trans people and other stakeholders.
Read the summary of the private engagement sessions (251KB, pdf) posted 26 May 2022
On 7 June, the Committee took private evidence from an anonymous witness.
Read the notes from the private evidence from an anonymous witness (183KB, pdf) posted 22 June 2022
On 20 June, the Committee held two informal, private engagement sessions with members of parent support groups.
Read the summary of the private engagement sessions (197KB, pdf) posted 18 July 2022
On 27 June, the Committee held two informal, private engagement sessions with people with lived experiences.
Read the summary of the private engagement sessions (178KB, pdf) posted 18 July 2022
Letter from the Cabinet Secretary for Social Justice, Housing and Local Government to the Chair of the Equality and Human Rights Commission, 30 November 2022
Letter from the Cabinet Secretary for Health and Social Care to the Convener of the Equalities, Human Rights and Civil Justice Committee, 21 November 2022
Letter from the Cabinet Secretary for Social Justice, Housing and Local Government to Pam Duncan-Glancy MSP, 7 November 2022
Letter from the Cabinet Secretary for Social Justice, Housing and Local Government to the Chair of the Equalities and Human Rights Commission, 17 October 2022
Letter from For Women Scotland to the Equalities, Human Rights and Civil Justice Committee, 30 August 2022
See a full list of Stage 1 correspondence
The Equalities, Human Rights and Civil Justice Committee published its report on 6 October 2022.
Gender Recognition Reform (Scotland) Bill Stage 1 Report
The Committee received the following response to its report:
Scottish Government response to the Stage 1 Report (524KB, pdf) posted 26 October 2022
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
The Delegated Powers and Law Reform Committee published its report on 16 May 2022.
A Stage 1 debate took place on 27 October 2022 to consider and decide on the general principles of the Bill.
Result 88 for, 33 against, 4 abstained, 4 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 1 on 27 October 2022
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.
Documents with the amendments considered and debated at the meeting held on 15 November 2022.
First Marshalled List of Amendments for Stage 2 (984KB, pdf) posted 10 November 2022
First Groupings of Amendments for Stage 2 (1MB, pdf) posted 10 November 2022
Documents with the amendments considered and debated at the meeting held on 22 November 2022.
Second Marshalled List of Amendments for Stage 2 (631KB, pdf) posted 17 November 2022
Second Groupings of Amendments for Stage 2 (299KB, pdf) posted 17 November 2022
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Letter from the Cabinet Secretary for Social Justice, Housing and Local Government to the Convener of the Equalities, Human Rights and Civil Justice Committee, 29 November 2022
Letter from the Cabinet Secretary for Social Justice, Housing and Local Government to Pam Duncan-Glancy MSP, 22 November 2022
See a full list of Stage 2 correspondence
Gender Recognition Reform (Scotland) Bill as amended at Stage 2 (2MB, pdf) posted 22 November 2022
Revised Explanatory Notes (261KB, pdf) posted 20 December 2022
Supplementary Financial Memorandum (85KB, pdf) posted 07 December 2022
Revised Explanatory Notes (465KB, pdf) posted 15 December 2022
Supplementary Financial Memorandum (128KB, pdf) posted 07 December 2022
Sometimes an amendment at Stage 2 makes substantial changes to a bill. If this happens, the Accompanying Documents need to be updated to explain what these changes are.
The Bill ended Stage 2 on 22 November 2022
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.
Documents with the amendments considered and debated on 20 and 21 December 2022.
Marshalled List of Amendments for Stage 3 (1MB, pdf) posted 14 December 2022
Groupings of Amendments for Stage 3 (1MB, pdf) posted 19 December 2022
Read the Official Report of the meeting
Watch the meeting on Scottish Parliament TV (Part 1)
Watch the meeting on Scottish Parliament TV (Part 2)
Watch the meeting on Scottish Parliament TV (Part 3)
Read the minutes of the meeting (156KB, pdf) posted 20 December 2022
Read the Official Report of the meeting
Watch the meeting on Scottish Parliament TV (Part 6)
Watch the meeting on Scottish Parliament TV (Part 7)
Watch the meeting on Scottish Parliament TV (Part 8)
Read the minutes of the meeting (148KB, pdf) posted 22 December 2022
A Stage 3 'Marshalled List' is a list of all the amendments that have been proposed at Stage 3 and that have been selected by the Presiding Officer. They are listed in the order in which they will be called by the Presiding Officer and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Letter from the Convener of the Equalities, Human Rights and Civil Justice Committee to the Chair of the Women and Equalities Committee, 9 February 2023
Letter from the Cabinet Secretary for Social Justice, Housing and Local Government to the Convener of the Equalities, Human Rights and Civil Justice Committee, 5 February 2023
Letter from The Rt Hon Alister Jack MP, Secretary of State for Scotland to the Convener of the Equalities, Human Rights and Civil Justice Committee, 30 January 2023
Letter from the Convener of the Equalities, Human Rights and Civil Justice Committee to the Cabinet Secretary for Social Justice, Housing and Local Government, 25 January 2023
Letter from the Convener of the Equalities, Human Rights and Civil Justice Committee to the Rt Hon Alister Jack MP, Secretary of State for Scotland, 25 January 2023
See a full list of Stage 3 correspondence
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 86 for, 39 against, 0 abstained, 4 did not vote Vote Passed
See further details of the motion
Gender Recognition Reform (Scotland) Bill as passed (2MB, pdf) posted 22 December 2022
The Bill ended Stage 3 on 22 December 2022
Section 35 Order
The Secretary of State for Scotland has made an Order under section 35 of the Scotland Act 1998 that prevents the Presiding Officer from submitting the Bill for Royal Assent. This means that the Bill cannot become law in its current form.
The Secretary of State’s reasons for making this are set out in schedule 2 of the Order.
Ministerial Statements
Gender Recognition Reform (Scotland) Bill: Section 35 Order - 19 April 2023