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Hate Crime and Public Order (Scotland) Act 2021

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11Meaning of the characteristics

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.

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