Scottish Government publishing an update of the Hate Crime and Public Order (Scotland) Act 2021: FOI release

Information requested

1. For an update on when the Scottish Government intends to publish a finalised SSI to add ‘sex’ as a protected characteristic to the Hate Crime and Public Order (Scotland) Act 2021.

2. Any correspondence sent to the Cabinet Secretary for Justice and Home Affairs relating to the matter noted in (1) since 1 October 2025.

3. Any correspondence sent from the Cabinet Secretary for Justice and Home Affairs relating to the matter noted in (1) since 1 October 2025.

Response

The answer to your first question is that the Scottish Government laid the SSI to add “sex” to the Hate Crime and Public Order (Scotland) Act 2021 on Wednesday, 28 January 2026. It is available to view online here: The Hate Crime and Public Order (Scotland) Act 2021 (Characteristic of Sex) (Amendment and Transitional Provisions) Regulations 2026.

If helpful, we also published the documents to accompany the SSI on the same date. These are available as follows:

Equality Impact Assessment: Hate Crime and Public Order (Scotland) Act 2021- SSI to add sex as a characteristic: equality impact assessment - gov.scot

Business Regulatory Impact Assessment: Section 5: Next steps and implementation - Hate Crime and Public Order (Scotland) Act 2021- SSI to add sex as a characteristic: business and regulatory impact assessment - gov.scot

Children’s Rights and Wellbeing Impact Assessment: Hate Crime and Public Order (Scotland) Act 2021- SSI to add sex as a characteristic: child rights and wellbeing impact assessment - gov.scot

Consultation Responses: Published responses for SSI to add "sex" as a characteristic to the Hate Crime and Public Order (Scotland) Act 2021 - Scottish Government consultations - Citizen Space

Consultation Analysis: Hate Crime and Public Order (Scotland) Act 2021- SSI to add sex as a characteristic: consultation analysis - gov.scot

In regard to questions 2 and 3, I have interpreted your request for “correspondence” as relating to letters and emails from stakeholders, MSPs, and members of the public regarding the SSI to add “sex” to the Hate Crime and Public Order (Scotland) Act 2021 sent or received between 1 October 2025 and 9 January 2026 inclusive. I enclose copies of some of the information you requested.

An exemption under section s.38(1)(b) of FOISA applies to some of the information you have requested. Section s.38(1)(b) allows us to withhold personal information relating to third parties. This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

About FOI

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

FOI 202600500805 - Information Released - Annex

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