Order requests regarding Gender Recognition Reform (Scotland) Bill: FOI release

Information requested

1. Has the Scottish Government made any requests to the UK Government for any Order under the Scotland Act 1998 in relation to the Gender Recognition Reform bill and cross-border or reserved matters?

2. If yes, when was the request made, to whom and which type of order was requested (i.e. Section 104 order)? Has any request for an order been agreed by the UK minister in principle? Please send a copy of all correspondence between the UK and Scottish Government regarding the request for an order.

3. Send copies of any correspondence or meeting minutes between officials at the Scottish Government concerned with whether or not a request for an Order of the Scotland Act 1998 should be made.

4. Send copies of any correspondence or meeting minutes between officials at the Scottish Government and stakeholders concerned with whether or not a request for an Order of the Scotland Act 1998 should be made.

Response

Here is some of the information you requested.

1. No request has been made at present.

2. Please see previous response to question 1.

3. It may be helpful to direct you to the Explanatory Notes in Annex D of the Bill Consultation.

Paragraph 81 of this section states;
"There are a number of tasks which the Scottish Ministers and the Registrar General would need to undertake before the new system of gender recognition could start."

One of the tasks included in the paragraph is;

• Working with the UK Government on an Order under section 104 of the Scotland Act 1998 to make consequential changes to UK legislation;

For ease, here is the relevant link; Annex D: Draft Explanatory Notes to The Gender Recognition Reform (scotland) Bill - Gender Recognition Reform (Scotland) Bill: consultation - gov.scot (www.gov.scot).

4. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.