Gender Recognition Reform (Scotland) Bill: business and regulatory impact assessment

7. Enforcement, sanctions and monitoring

Enforcement and sanctions

7.1. The Bill provides for a new offence of making a false statutory declaration in association with an application for recognition and a new offence of making a false application. The penalties on conviction for either offence are the same as for the current offence of making a false statutory declaration more generally.^[18] On conviction on indictment a person would be liable to imprisonment for a term not exceeding two years or a fine, or both. On summary conviction, the penalty is a maximum prison term of 12 months, or a fine up to the statutory maximum (£10,000) or both.

7.2. The Bill will allow a sheriff to revoke a GRC where the application was fraudulent or on the grounds of an applicant's incapacity, where for example they were not capable of understanding the effect of obtaining the certificate.

Monitoring

7.3. The Bill introduces a duty placed on the Registrar General to report on the number of applications for GRCs, and the number of certificates issued, on an annual basis. This information is to be included in the annual report of births, deaths and marriages in Scotland each year.