{
  "url": "https://openlegislation.uk/hate-crime-and-public-order-scotland-act-2021/section-11",
  "json_url": "https://openlegislation.uk/hate-crime-and-public-order-scotland-act-2021/section-11.json",
  "legislation": "asp/2021/14",
  "legislation_title": "Hate Crime and Public Order (Scotland) Act 2021",
  "legislation_url": "https://openlegislation.uk/hate-crime-and-public-order-scotland-act-2021",
  "path": "section/11",
  "kind": "section",
  "number": "11",
  "heading": "Meaning of the characteristics",
  "text": "(1) This section applies for the interpretation of sections 1, 4 and 9.\n(2) A reference to age includes a reference to an age range.\n(3) A disability is a physical or mental impairment of any kind.\n(4) For the purposes of subsection (3) (but without prejudice to its generality), a medical condition which has, has had, or may have a substantial or long-term effect, or is of a progressive nature, is to be regarded as amounting to an impairment.\n(5) A group defined by reference to religion is a group of persons defined by reference to—\n(a) religious belief or lack of religious belief,\n(b) membership of or adherence to a church or religious organisation,\n(c) support for the culture or traditions of a church or religious organisation,\n(d) participation in activities associated with such a culture or such traditions.\n(6) A reference to sexual orientation is a reference to sexual orientation towards—\n(a) persons of the same sex,\n(b) persons of a different sex, or\n(c) both persons of the same sex and persons of a different sex.\n(7) A person is a member of a group defined by reference to transgender identity if the person is—\n(a) a female-to-male transgender person,\n(b) a male-to-female transgender person,\n(c) a non-binary person,\n(d) a person who cross-dresses,\nand references to transgender identity are to be construed accordingly.\n(8) A person is a member of a group defined by reference to variations in sex characteristics if the person is born with physical and biological sex characteristics which, taken as a whole, are neither—\n(a) those typically associated with males, nor\n(b) those typically associated with females,\nand references to variations in sex characteristics are to be construed accordingly.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 11 in force at 1.4.2024 by S.S.I. 2024/82, reg. 2 (with reg. 3)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "inserted",
      "affecting": "ssi/2026/150",
      "affecting_title": "The Hate Crime and Public Order (Scotland) Act 2021 (Characteristic of Sex) (Amendment and Transitional Provisions) Regulations 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2021/14/section/11",
    "retrieved_at": "2026-10-29T20:12:31.262790+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."
}