http://www.legislation.gov.uk/ssi/2005/125/article/4The Gender Recognition (Disclosure of Information) (Scotland) Order 2005DisclosureLegal aid and adviceElectoral registrationGENDER RECOGNITIONStatute Law Database2024-06-14Expert Participation2021-07-08
Section 22 of the Gender Recognition Act 2004 (“the Act”) provides that it is an offence for a person who has acquired protected information in an official capacity to disclose the information to any other person. “Protected information” is defined in section 22(2) as information relating to a person who has applied for a gender recognition certificate under the Act, and which concerns that application (or a subsequent application by them), or their gender prior to being granted a full gender recognition certificate.
Disclosure for religious purposes
4
1
It is not an offence under section 22 of the Act for a person who acquired protected information in an official capacity in relation to an organised religion to disclose that information to any other person acting in such a capacity if the conditions set out in paragraphs (2) and (3) are met.
2
The disclosure is made for the purpose of enabling any person to make a decision in relation to–
a
whether to solemnise or permit the marriage of the subject;
b
the validity or dissolution of a marriage of the subject;
c
the admission or appointment of the subject–
i
as a minister of religion;
ii
to any employment, office or post for the purposes of an organised religion;
iii
to any religious order or community associated with an organised religion; or
iv
to membership, or any category of membership, of an organised religion;
d
the validity, suspension, termination or revocation of any admission or appointment mentioned in sub-paragraph (c); or
e
the eligibility of the subject to receive or take part in any religious sacrament, ordinance or rite, or take part in any act of worship or prayer, according to the practices of an organised religion.
3
The disclosure is made for the purpose of enabling any person to make a decision in relation to the matters specified in paragraph (2)(c), (d) or (e) and the person who makes the disclosure reasonably believes that the person to whom the disclosure is made may require the information in order to make a decision in a way which complies with the doctrines of the religion or avoids conflicting with the strongly held convictions of a significant number of the followers of the religion.
4
It is not an offence under section 22 of the Act for a person who acquired protected information in an official capacity in relation to an organised religion, and who requires to make a decision in relation to the any of the matters specified in paragraph (2), to disclose that information to any person responsible for the supervision of the person making the disclosure.
Art. 4 in force at 4.4.2005, see art. 1(1)