Statutory Instruments
2022 No. 742
Gender Recognition, England
The Gender Recognition (Disclosure of Information) (England) Order 2022
Made
at 1.16 p.m. on 30th June 2022
Laid before Parliament
at 4.00 p.m. on 30th June 2022
Coming into force
28th July 2022
The Secretary of State makes the following Order in exercise of the powers conferred by section 22(5) and (7) of the Gender Recognition Act 2004( 1 ).
Citation, commencement, expiry, extent and application I1
1. —(1) This Order may be cited as the Gender Recognition (Disclosure of Information) (England) Order 2022 and shall come into force on 28th July 2022.
(2) This Order ceases to have effect at the end of 27th July 2027.
(3) This Order—
(a) extends to England and Wales, and
(b) applies in relation to England only.
Disclosure for the purposes of the Cass Review I2
2. —(1) It is not an offence under section 22(1) of the Gender Recognition Act 2004 for an authorised person to disclose protected information to another authorised person where the disclosure is—
(a) made by and to an authorised person in England, and
(b) necessary for the purposes of facilitating, assisting or undertaking relevant research.
(2) In this article—
(a) an “authorised person” is a person listed in the Schedule;
(b) “ the Cass Review ” means the independent review into gender identity services for children and young people, for which terms of reference were published in Appendix 1 of its interim report as submitted to NHS England and dated February 2022( 2 )
(c) “ relevant research ” means research requested by NHS England—
(i) for the purposes of the Cass Review, and
(ii) in respect of a person who —
(aa) has been referred to Tavistock and Portman NHS Foundation Trust’s Gender Identity Development Service for assessment or treatment, and
(bb) was under the age of 18 years at the date of their referral.
Sajid Javid
Secretary of State,
Department of Health and Social Care
At 1.16 p.m. on 30th June 2022
Article 2(2)
SCHEDULE Authorised persons I3
A person employed by Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust
A person employed by Devon Partnership NHS Trust
A person employed by [F1 NHS England F1]
A person authorised in writing by [F1 NHS England F1] to act on its behalf in order to facilitate or assist relevant research
A person employed by Leeds and York Partnership NHS Foundation Trust
A person employed by Leeds Teaching Hospitals NHS Trust
A person employed by Northamptonshire Healthcare NHS Foundation Trust
A person employed by Nottinghamshire Healthcare NHS Foundation Trust
A person employed by Sheffield Health and Social Care NHS Foundation Trust
A person employed by Tavistock and Portman NHS Foundation Trust
A person employed by University of York
A person authorised in writing by the University of York to act on its behalf in order to facilitate, assist or undertake relevant research
A person employed by University College London Hospitals NHS Foundation Trust
2004 c. 7 ; section 22(2)(a) was amended by the Marriage (Same Sex Couples) Act 2013 (c. 30) , Schedule 5, paragraph 13, and the Civil Partnership Act 2004 (c. 33) , section 250(5)(c).
The interim report, including Appendix 1, is available at the following web-link: https://cass.independent-review.uk/publications/interim-report