THE contents of the long awaited Gender Recognition Bill have been revealed as it is finally laid in the Scottish parliament after six years of back and forth.
Social Justice Secretary Shona Robison will introduce the Bill in Holyrood on Thursday afternoon, but the details have been released ahead of her statement. The Bill will still have to go in front of the Equalities Committee and will likely be amended as it makes its way through parliament.
The 26-page document sets out which changes the Scottish Government wants to make to the process allowing transgender people in Scotland to be legally recognised in their “acquired gender” easier. Read below for the full details.
READ MORE: LGBT groups welcome publication of gender recognition reforms
Who will be able to apply for a Gender Recognition Certificate (GRC) under the plans, and who will they apply to?
Instead of a medical panel, transgender Scots will apply to the Registrar General for Scotland.
They must be aged 16, a reduction from the current age of 18, and must have a Scottish birth certificate or adoption record.
If the applicant doesn’t have a Scottish birth certificate, they must be “ordinarily resident in Scotland”.
What happens when the Registrar General receives the application under the proposals?
Once the registrar has the GRC application, the Registrar will write to the applicant to confirm, and that the “reflection” period of three months has started and when it will end. Transgender people must live in their “acquired gender” for this period.
The Registrar will also set out whether, if the application is granted, they would issue a full GRC or an interim one. The Registrar will not decide on the outcome of the application until the end of the reflection period and until the applicant confirms they want to take it forward.
If the applicant doesn’t confirm or withdraw their application two years after the reflection period ends, it will be treated as if it was withdrawn by the Registrar.
What happens if the applicant is in a marriage or civil partnership?
Under current rules, if the applicant is married, they must get confirmation from their spouse before they can continue with the process. Under the new plans, an applicant must include a statutory declaration if they are in a marriage or civil partnership. They must state if they intend to continue in the marriage or civil partnership once the GRC is awarded, or if they do not.
The rules state that if their partner has died, the couple have divorced or disolved the partnership, or if the couple intend to stay together, then the Registrar will grant a full GRC. Otherwise, an interim GRC will be awarded.
What about those who have GRC’s from outwith Scotland?
Under the reforms, those who obtained a GRC in other places in the UK or outside of the UK will be treated as if they had been awarded a GRC in Scotland.
A person who has obtained an overseas GRC can apply to the Registrar for a Scottish GRC if they can provide the evidence to support their claim and set out their reasons for making the application.
READ MORE: Watch as Nicola Sturgeon makes plea to Boris Johnson over Ukraine refugee rules
Can the process be appealed if a GRC is not awarded?
Yes, within the first 28 days of the decision being made, but it must be on a point of law only, and can be heard in private by a Sheriff if the person makes a request for it to be so.
Can the GRC be revoked?
In certain circumstances. If the Registrar issued the wrong type of GRC, if the application was fraudulent or if the person who made the application was incapable of understanding the implications of obtaining the certificate or making a valid application.
The Sheriff must then revoke the certificate, but if the Registrar made a mistake in issuing the original they must issue a new one and refer the matter back to the Registrar for “redetermination”.
What happens if someone makes a false application?
They would face a summary conviction which could lead to an imprisonment term of 12 months or a fine, or if convicted on indictment they could face imprisonment of two years or a fine, or both.
Will the Registrar General report how many people have applied for a GRC under the proposed rules?
Yes, they will report how many applications were made and how many full, interim or confirmatory GRC’s were awarded over the period of a year.
You can read the full draft Bill here.
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel