Review of the Gender Recognition Act 2004: consultation

Part 8. Conclusion

Impact Assessments

8.01.In accordance with usual practice, the Scottish Government has prepared a number of impact assessments in relation to the development of policy in this area.

8.02.The Scottish Government considers that the changes proposed or considered in this consultation (and the related consultation on issues for people with intersex conditions) have minimal impact on the environment. Accordingly, the Scottish Government has sent a pre-screening exemption from Strategic Environmental Assessment ( SEA) to the usual SEA consultation authorities. ^[78]

8.03.A partial Business and Regulatory Impact Assessment ( BRIA) is attached at Annex L. The change to a self-declaration system for legal gender recognition would have minimal cost implications for employers as the possibility of legal recognition already exists and the estimated number of applicants per year is low. It is not currently possible to identify the costs of the different options for recognising non-binary people.

8.04.A partial Child Rights and Wellbeing Impact Assessment ( CRWIA) is attached at Annex M. This considers which Articles of the UNCRC are engaged by the proposals and policy options identified for people under 18. The CRWIA also sets out the evidence that the Scottish Government has identified so far as relevant to the assessment of these options.

8.05.The changes proposed to the law would have impacts in relation to equalities. A partial Equality Impact Assessment ( EQIA) is attached at Annex N.

8.06.A partial Privacy Impact Assessment ( PIA) has also been undertaken and is attached at Annex O. The partial PIA suggests that the proposed self-declaration system for legal gender recognition would not have adverse implications for the privacy of applicants.

Question 15

Do you have any comments about, or evidence relevant to:

(a)the partial Business and Regulatory Impact Assessment;

(b)the partial Equality Impact Assessment;

(c)the partial Child Rights and Wellbeing Impact Assessment; or

(d)the partial Privacy Impact Assessment?

Yes

No

If you answered Yes, add your comments or evidence.

8.07.The Scottish Government recognises that in order to develop well-informed policy and legislation, it is important that we receive responses reflecting the range of views held on this subject. Consultees are welcome to make any other comments relating to this consultation and the review of the 2004 Act.

Question 16

Do you have any further comments about the review of the Gender Recognition Act 2004?

Yes

No

If you answered Yes, add your comments.