Gender Representation on Public Boards (Scotland) Act 2018: Scottish Ministers' Report to Parliament 2025

Introduction

1.1 This is Scottish Ministers’ third report to the Scottish Parliament on the operation of the Gender Representation on Public Boards (Scotland) Act 2018 (the “2018 Act”), as required by section 8(1) of the 2018 Act and regulation 6 of the Gender Representation on Public Boards (Scotland) Act 2018 (Reports) Regulations 2020 (the “2020 Regulations”).^[3]

1.2 Scottish Ministers’ second report to the Scottish Parliament was laid in December 2023.^[4] It covered the period from 1 May 2021 to 31 December 2022. This third report covers the period from 1 January 2023 to 31 December 2024.

1.3 In order to provide an overview of the operation of the 2018 Act, Scottish Ministers must consider all published reports by appointing persons and public authorities under the 2020 Regulations.

1.4 This report draws on the information set out in Scottish Ministers’ Report in their role as an Appointing Person (the “Regulation 2 report”) which was published in December 2025. The Regulation 2 report includes data for 143 listed public authorities, including those where the appointing person is someone other than Scottish Ministers, such as higher education institutions, as well as those where the appointing person is Scottish Ministers.

1.5 The Scottish Government has considered the implications of the Supreme Court judgment dated 16 April 2025 on the definition of “man”, “woman” and “sex” in the Equality Act 2010, and consequently in the Gender Representation on Public Boards (Scotland) Act 2018 (“2018 Act”).

1.6 This report covers the period from 1 January 2023 to 31 December 2024, which is prior to the Supreme Court Judgment. The data being reported is not specifically based on biological sex as registered at birth data as this is not what was collected and utilised during the period covered by this report. During the time period this report covers the GRPB 2018 Act had defined a woman as a biological woman or a woman with a Gender Recognition Certificate. Future reporting covering the time period following the Supreme Court judgment will utilise sex as registered at birth data in compliance with the 2018 Act in light of the ruling.

1.7 The Scottish Government updated its statutory guidance to support Appointing Persons and Public Authorities to carry out their functions under the 2018 Act on 26 June 2025 following the Supreme Court ruling on 16 April 2025.

1.8 The following chapter provides an overview of the 2018 Act itself. Chapter 3 provides an overview of the operation of the 2018 Act, drawing on the information reported for listed public authorities in the Regulation 2 report.