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The Gender Recognition Reform (Scotland) Bill (Prohibition on Submission for Royal Assent) Order 2023
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Adverse effects arising from the creation of different regimes within the United Kingdom
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7. More particularly, the Secretary of State considers there to be a particular adverse effect on the operation of the provisions of the 2010 Act where those provisions are applied to a scenario applicable to individuals in both Scotland and England and Wales. The adverse effects of having different regimes across the United Kingdom in relation to the 2010 Act include, but are not limited to –
(a)single sex club or association: a single-sex club or association could have different membership in different parts of the United Kingdom;
(b)the public sector equality duty: a cross-border public authority would have to apply the public sector equality duty differently as regards Scotland and England and Wales;
(c)equal pay: an employer operating across the United Kingdom could have employees who could not use a colleague as a comparator in an equal pay claim if it were brought in Scotland but could do so in England (and vice versa).
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