beldaran
In the terminology section of the consultation document gender is defined:
Gender: Often expressed in terms of masculinity and femininity, gender refers to socially constructed characteristics, and is often assumed from the sex people are registered as at birth.
But then with regard to the Gender Recognition Act 2004:
Following legal recognition, an individual is entitled to a new birth certificate issued in the acquired gender and in law the person’s gender becomes the acquired gender for all purposes.
So in a consultation where the meanings of 'sex' and 'gender' are so important, they conflate the two, and use both terms somewhat randomly.