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.
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.
‘Timed Groupings’ are usually produced at Stage 3 and set out how long Parliament expects to spend debating the groups of amendments.
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 Rt Hon Alister Jack MP, Secretary of State for Scotland, 25 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
See a full list of Stage 3 correspondence for this committee
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
On 17 January 2023, the Secretary of State for Scotland (Alister Jack) made an Order under section 35 of the Scotland Act 1998 preventing 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
