Citation, commencement, extent and interpretation

1. —(1) This Order may be cited as the Gender Recognition (Disclosure of Information) (England and Wales) Order 2021 and comes into force on 1st October 2021.

(2) This Order extends to England and Wales.

(3) In this Order “the 2007 Act” means the Offender Management Act 2007( 2 ).

Disclosure for offender management purposes

2. —(1) It is not an offence under section 22 of the Gender Recognition Act 2004 to disclose protected information if the disclosure is necessary for a purpose set out in paragraph (2).

(2) The purposes are—

(a) the probation purposes,

(b) the performance of functions relating to prisons or prisoners of—

(i) the Secretary of State, or

(ii) a relevant contractor, and

(c) any other purposes connected with the management of offenders (including the development or assessment of policies relating to matters connected with the management of offenders).

(3) In this article—

(a) “the probation purposes” has the meaning set out in section 1 of the 2007 Act,

(b) “relevant contractor” has the meaning set out in section 14(9) of the 2007 Act, and

(c) the reference to prisons or prisoners includes a reference to—

(i) young offender institutions or persons detained in such institutions, and

(ii) secure training centres or persons detained in such centres.