
2023 No. 364
Gender Recognition
The Gender Recognition (Disclosure of Information) (Scotland) Order 2023
Made 30th November 2023
Laid before the Scottish Parliament 5th December 2023
Coming into force 26th February 2024
The Scottish Ministers make the following Order in exercise of the powers conferred on them by section 22(5) and (6) of the Gender Recognition Act 2004 and all other powers enabling them to do so.
Citation and commencement
1 
This Order may be cited as the Gender Recognition (Disclosure of Information) (Scotland) Order 2023 and comes into force on 26 February 2024.
Disclosure for the purposes of managing offenders and accused persons
2 

(1) It is not an offence under section 22 of the Gender Recognition Act 2004 to disclose protected information if the disclosure is necessary for a purpose set out in paragraph (2).
(2) The purposes are—
(a) supervising, managing or providing advice, guidance and assistance to, or in relation to, a person who is required to be under supervision—
(i) by order of a court made in exercise of its criminal jurisdiction,
(ii) having been charged with an offence and being granted bail subject to a condition of supervision, or
(iii) following their release from prison, under any enactment or by the terms of an order or licence of the Scottish Ministers, or of a condition or requirement imposed in pursuance of any enactment,
(b) the exercise of the functions of the Scottish Ministers, a relevant contractor or the Parole Board for Scotland in relation to prisons, prisoners or former prisoners,
(c) any other purpose connected with or related to the management of any person because they are, or have been,—
(i) officially accused of committing an offence,
(ii) the accused in criminal proceedings, or
(iii) found guilty in criminal proceedings.
(3) In this article—
(a) “the 1994 Act” means the Criminal Justice and Public Order Act 1994,
(b) “officially accused” has the meaning given in section 63 of the Criminal Justice (Scotland) Act 2016,
(c) “relevant contractor” means a person—
(i) performing the functions listed at section 102(2) of the 1994 Act, or
(ii) providing or running any prison or part of a prison in Scotland under a contract entered into under section 106(1) of the 1994 Act,
(d) any reference to—
(i) a prison is to be construed as including a young offenders institution,
(ii) a prisoner is to be construed as any person who is required to be kept in a prison.
ANGELA CONSTANCE
A member of the Scottish Government
St Andrew’s House,
Edinburgh
30th November 2023