Improving the legal recognition system for trans people
The Gender Recognition Reform (Scotland) Bill has been passed by the Scottish Parliament.
The legislation improves the system by which transgender people can apply for legal recognition through a Gender Recognition Certificate (GRC).
Trans people aged 16 and older applying for a GRC will be required to make a legally binding declaration that they are already living in their acquired gender and intend to do so permanently.
The Bill includes safeguards against misuse of the system. It will be a criminal offence for applicants to make a false application. A new statutory aggravator and a risk‑based approach in relation to sex offences strengthen these protections.
Social Justice Secretary Shona Robison said: “This is an historic day for equality in Scotland with the Gender Recognition Reform Bill being approved by parliament and by members of all parties.
“It simplifies and improves the process for a trans person to obtain a gender recognition certificate – which many currently find intrusive, medicalised and bureaucratic.
“The legislation makes no change to the reserved Equality Act 2010 and that principle is enshrined in the Bill. As I have made clear, the Scottish Government continues to support the provision of single-sex services and the rights of women.
“The passing of this bill is a significant step forward in creating a more equal Scotland, where trans people feel valued, included and empowered.”
Background
Factsheet and background to the Gender Recognition Reform (Scotland) Bill