{
  "url": "https://openlegislation.uk/gender-recognition-disclosure-of-information-scotland-order-2023/note",
  "json_url": "https://openlegislation.uk/gender-recognition-disclosure-of-information-scotland-order-2023/note.json",
  "legislation": "ssi/2023/364",
  "legislation_title": "The Gender Recognition (Disclosure of Information) (Scotland) Order 2023",
  "legislation_url": "https://openlegislation.uk/gender-recognition-disclosure-of-information-scotland-order-2023",
  "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. “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.\nSection 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 additional circumstances in which the disclosure of protected information does not constitute an offence. These concern disclosure of protected information for the purposes related to management of persons in prison and in the community who are accused or found guilty of offences.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2023/364/note",
    "retrieved_at": "2026-10-28T20:42:40.061886+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."
}