# The Gender Recognition (Disclosure of Information) (England and Wales) Order 2021, Note: Explanatory note


(This note is not part of the Order)
Section 22 of the Gender Recognition Act 2004 (“the Act”) provides that it is an offence for a person who has acquired protected information in an official capacity to disclose the information to any other person. “Protected information” is defined in section 22(2) as information relating to a person who has applied for a gender recognition certificate under the Act, and which concerns that application (or a subsequent application by them), or their gender prior to being granted a full gender recognition certificate. Section 22(3) defines where a person acquires protected information in an official capacity.
Section 22(4) sets out certain circumstances where disclosure of protected information does not constitute an offence (for example, where the person to whom it relates is not identifiable or has agreed to the disclosure). This Order prescribes an additional circumstance in which the disclosure of protected information does not constitute an offence. This concerns disclosure of protected information for the purposes of offender management.
This Order extends to England and Wales.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2021/1020/note (the official version)
Page: https://openlegislation.uk/gender-recognition-disclosure-of-information-england-and-wales-order-2021/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.