Gender Recognition Reform (Scotland) Bill: consultation

The draft Bill reforms the process by which trans people gain legal recognition of their lived gender through a gender recognition certificate.

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Chapter 6: Conclusion

Impact Assessments

6.01. In line with usual practice, draft Impact Assessments have been prepared and are attached at the following Annexes:

  • Annex F: draft Business and Regulatory Impact Assessment (BRIA);
  • Annex G: draft Child Rights and Wellbeing Impact Assessment (CRWIA);
  • Annex H: draft Fairer Scotland Duty Assessment (FSDA);
  • Annex I: draft Data Protection Impact Assessment (DPIA); and
  • Annex J: draft Equality Impact Assessment Record (EQIA).

6.02 The Government would produce final versions of these impact assessments for the Bill once it is introduced into Parliament.

6.03 The Government does not consider that a Strategic Environmental Assessment (SEA) is required as there is no significant impact on the environment. In line with usual practice, the Scottish Government sent a pre-screening exemption from SEA to the SEA consultation authorities (the Scottish Environment Protection Agency; Scottish Natural Heritage and Historic Environment Scotland).

6.04 The Government does not consider that an Islands Impact Assessment (IIA) is required. No differential impact on the islands is envisaged.

6.05 In accordance with Parliamentary Standing Orders, the Government would prepare the following Accompanying Documents for the Bill when introduced into Parliament:

  • A Policy Memorandum (this will outline the consultation and the policy underlying the Bill);
  • A Financial Memorandum (this will be based on the BRIA); and
  • Explanatory Notes to the Bill (a draft of these is at Annex D).

6.06 The Government would also prepare a Delegated Powers Memorandum, on powers in the Bill to make secondary legislation such as regulations.

Question 5. Do you have any comments on the draft Impact Assessments?


If yes, please outline these comments.

Scottish Government
December 2019



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