Gender Recognition Reform in Scotland: Current Status and the Section 35 Order
The Gender Recognition Reform (Scotland) Bill passed the Scottish Parliament on 22 December 2022, but it is not in force.
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Contents
The Gender Recognition Reform (Scotland) Bill passed the Scottish Parliament on 22 December 2022, but it is not in force. The UK Government made an order under section 35 of the Scotland Act 1998 that prevented the bill from proceeding to Royal Assent.
What Would the Bill Have Changed?
The bill proposed a self-declaration process for obtaining a Gender Recognition Certificate (GRC), shorter periods of living in the acquired gender, and a minimum application age of 16. If enacted, a GRC would recognise a person's legal sex for documents and contexts specified by law. These proposed changes are not the current law.
Why Was Section 35 Used?
The UK Government argued that the bill could adversely affect the operation of UK-wide equality law, which is reserved to the UK Parliament. That is the Government's legal position; it must not be turned into a claim that transgender people are dangerous or that applicants as a group would misuse the system.
What Happened in Court?
The Scottish Government sought judicial review of the section 35 order. The court dismissed the challenge in December 2023, and the Scottish Government later said that it would not appeal. The order therefore remains in effect and the bill cannot currently proceed to Royal Assent. The Scottish Government has not withdrawn the bill and has said it would engage with the UK Government on possible reform.
What Law Applies Now?
People seeking a GRC in Scotland or England continue to use the process under the Gender Recognition Act 2004 and the current requirements of the Gender Recognition Panel. A GRC and protection from discrimination under the Equality Act 2010 are related legal issues, but they are not identical. Details can change through judgments, policy, and an individual's circumstances.
Reading Legal News Carefully
“Passed by Parliament” does not necessarily mean “in force.” Legal debate must also not be used to stigmatise transgender people. Anyone relying on this information for an application, rights issue, or travel decision should check the latest Scottish and UK Government guidance or seek advice from a qualified lawyer in the relevant jurisdiction.
Verified references
Links and relevance to the article’s main topic were reviewed on 13 August 2026. Each source supports only the scope stated in the original document and does not replace personalised medical, legal, or service advice.
- Scottish Government: Gender recognition Accessed 13 August 2026
