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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

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

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

A person employed by Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust

A person employed by Devon Partnership NHS Trust

A person employed by NHS England

A person authorised in writing by NHS England 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

( 1 )

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).

( 2 )

The interim report, including Appendix 1, is available at the following web-link: https://cass.independent-review.uk/publications/interim-report

Status: There are currently no known outstanding effects for the The Gender Recognition (Disclosure of Information) (England) Order 2022.
The Gender Recognition (Disclosure of Information) (England) Order 2022 (2022/742)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Words in Sch. substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98) , reg. 1(2) , Sch. para. 64 (with reg. 3 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
I1Art. 1 in force at 28.7.2022, see art. 1(1)
I2Art. 2 in force at 28.7.2022, see art. 1(1)
I3Sch. in force at 28.7.2022, see art. 1(1)
Defined TermSection/ArticleIDScope of Application
authorised personart. 2.authorised_rtCBD06
relevant researchart. 2.legTermcBCs3aRw
the Cass Reviewart. 2.legTermJ87mTj6q
Changes that affect Made by
Sort descending by Changed Legislation Sort descending by Year and Number Changed Provision Type of effect Sort descending by Affecting Legislation Title Sort descending by Year and Number Affecting Provision Sort descending by Changes made to website text Note
The Gender Recognition (Disclosure of Information) (England) Order 2022 2022 No. 742 art. 1 coming into force The Gender Recognition (Disclosure of Information) (England) Order 2022 2022 No. 742 art. 1(1) Yes
The Gender Recognition (Disclosure of Information) (England) Order 2022 2022 No. 742 art. 2 coming into force The Gender Recognition (Disclosure of Information) (England) Order 2022 2022 No. 742 art. 1(1) Yes
The Gender Recognition (Disclosure of Information) (England) Order 2022 2022 No. 742 Sch. coming into force The Gender Recognition (Disclosure of Information) (England) Order 2022 2022 No. 742 art. 1(1) Yes

Status of changes to instrument text

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