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Legislation (Wales) Act 2019

Section 8 – Words denoting a gender are not limited to that gender

70.Section 8 means that words in Assembly Acts and Welsh subordinate instruments which could be read as being limited to persons of a specific gender are not to be read as being limited in that way. The purpose of the section is to ensure that legislation is not too narrow in its application, and that even wording and phrasing which might traditionally have been considered gender-neutral (such as “he or she”) does not exclude anyone, regardless of their gender identity.

71.Section 8 has effect except to the extent that express provision is made to the contrary or the context requires otherwise, so it will not be relevant where an Act or instrument clearly intends to refer to persons of a particular gender.

72.This section is equivalent to section 6(a) and (b) of the 1978 Act, but it does not refer expressly to the male and female genders and therefore has a wider scope.

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