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Bills and Laws

Gender Recognition Reform (Scotland) Bill

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:

  • who can apply for a GRC
  • how to make an application
  • the grounds on which an application is to be granted

It also makes provision about:

  • different types of GRC that may be issued in different circumstances (“full” GRCs and “interim” GRCs)
  • appeals and reviews of decisions to grant (or not grant) GRCs
  • revocation of a GRC and offences in connection with false information being provided in an application

The Bill ended Stage 3 on 22 December 2022


Contents


Stage 3 - Final changes and vote

MSPs can propose further “amendments” (changes) to the Bill. MSPs decide on each of these. Finally, they debate and vote on whether to pass the Bill.

The Bill ended Stage 3 on 22 December 2022

Scottish Parliament research on the Bill

Read additional research done by the Scottish Parliament on specific parts of the Bill.

Briefing on the Gender Recognition Reform (Scotland) Bill prior to Stage 3

Who spoke to the lead committee at Stage 3

MSPs met with people in committee meetings to discuss what the Bill will do.

Minutes of 19 December 2022

Meeting on 19 December 2022

Debate on the proposed amendments

MSPs can propose further “amendments” (changes) to the Bill. Amendments are “selected” (chosen for debate) by the Presiding Officer. MSPs then debate and decide on the amendments.

Documents with the amendments considered on 20 and 21 December 2022.


Minutes of amendment proceedings

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Meeting on 20 December 2022 (Part 1)
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Meeting on 20 December 2022 (Part 2)
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Meeting on 20 December 2022 (Part 3)
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Meeting on 20 December 2022 (Part 4)
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Meeting on 20 December 2022 (Part 5)
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Meeting on 21 December 2022 (Part 6)
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Meeting on 21 December 2022 (Part 7)
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Meeting on 21 December 2022 (Part 8)
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Meeting on 21 December 2022 (Part 9)
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Meeting on 21 December 2022 (Part 10)
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Final debate on the Bill

Once MSPs have debated and decided on the amendments, they debate whether to pass the Bill.

Meeting on 22 December 2022

Final vote on the Bill

After the debate, MSPs vote on whether to pass the Bill.

Meeting on 22 December 2022

Final version of the Bill

Motion ref. S6M-07312

Gender Recognition Reform (Scotland) Bill

Submitted by: Shona Robison, Dundee City East, Scottish National Party.
Date lodged: Monday, December 19, 2022

Supported by: Ben Macpherson, Christina McKelvie
Current status: Taken in the Chamber on Thursday, December 22, 2022

Result 86 for, 39 against, 0 abstained, 4 no vote Vote Passed

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.

The Bill was passed on 22 December 2022