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Hate Crime and Public Order (Scotland) Act 2021

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Changes over time for: Section 11

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11Meaning of the characteristicsS

This section has no associated Explanatory Notes

(1)This section applies for the interpretation of sections 1, 4 and 9.

(2)A reference to age includes a reference to an age range.

(3)A disability is a physical or mental impairment of any kind.

(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.

(5)A group defined by reference to religion is a group of persons defined by reference to—

(a)religious belief or lack of religious belief,

(b)membership of or adherence to a church or religious organisation,

(c)support for the culture or traditions of a church or religious organisation,

(d)participation in activities associated with such a culture or such traditions.

(6)A reference to sexual orientation is a reference to sexual orientation towards—

(a)persons of the same sex,

(b)persons of a different sex, or

(c)both persons of the same sex and persons of a different sex.

(7)A person is a member of a group defined by reference to transgender identity if the person is—

(a)a female-to-male transgender person,

(b)a male-to-female transgender person,

(c)a non-binary person,

(d)a person who cross-dresses,

and references to transgender identity are to be construed accordingly.

(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—

(a)those typically associated with males, nor

(b)those typically associated with females,

and references to variations in sex characteristics are to be construed accordingly.

Commencement Information

I1S. 11 in force at 1.4.2024 by S.S.I. 2024/82, reg. 2 (with reg. 3)

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