This report by Policy Exchange demonstrates that the Gender Recognition Reform Bill, which aims to change the law regulating legal sex change for those born or resident in Scotland, will fundamentally alter the law relating to equal opportunities across the United Kingdom.
The report argues that the United Kingdom Government should make a section 35 order under the Scotland Act 1998 to block Royal assent for the Bill, which would prevent it from becoming law. Since its publication, Scottish Secretary Alister Jack has made that order under section 35.
Although only those resident or born in Scotland would have been permitted to change their legal sex via statutory declaration, this Bill would have had implications for the operation of equality law throughout the UK.
If a Gender Recognition Certificate changes sex for all purposes, those possessing Scottish Gender Recognition Certificates who travel to England, Wales or Northern Ireland will have to be legally recognised in their acquired sex, including 16-18-year-olds.
This would have been open to all those born in Scotland, wherever they live in the UK, including students. Ordinary residence need not be permanent and so it is possible that people may cross the border into Scotland from elsewhere in the UK, temporarily reside there until they become ordinarily resident, and then return to elsewhere in the UK once they have obtained a Gender Recognition Certificate.