{
  "url": "https://openlegislation.uk/gender-recognition-disclosure-of-information-england-order-2026/note/enacted",
  "json_url": "https://openlegislation.uk/gender-recognition-disclosure-of-information-england-order-2026/note/enacted.json",
  "legislation": "uksi/2026/173",
  "legislation_title": "The Gender Recognition (Disclosure of Information) (England) Order 2026",
  "legislation_url": "https://openlegislation.uk/gender-recognition-disclosure-of-information-england-order-2026/enacted",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nSection 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. This Order prescribes circumstances where disclosure of protected information will not amount to an offence under the Act.\nSection 22(2) of the Act defines protected information 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(4) sets out certain circumstances where disclosure of protected information does not constitute an offence.\nThis Order provides for an additional circumstance where the disclosure of protected information does not constitute an offence. Article 2(1) provides that this is where protected information is disclosed between authorised persons for the purposes of facilitating, assisting or undertaking research for the purposes of the data linkage study. To benefit from the exception, both the authorised person disclosing the information and the authorised person receiving it must be in England when the disclosure is made. Article 2(2) provides the definitions of authorised person, GIDS and the data linkage study.\nArticle 3 revokes the Gender Recognition (Disclosure of Information) (England) Order 2022.\nA 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.\nAn Explanatory Memorandum for this instrument has been published alongside this Order at legislation.gov.uk.",
  "extent": "E+W",
  "status": null,
  "version": "enacted",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2026/173/note",
    "retrieved_at": "2026-10-28T21:05:39.625258+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}