(I wasn’t aware about this, but saw something posted on facebook and found this):
The Scottish Government regards ―gender identity as already being covered by the reference to ―sex in paragraph 1 of the schedule to the 1920 Act and a census could ask. This document relates to the Census (Amendment) (Scotland) Bill (SP Bill 40) as introduced in the Scottish Parliament on 2 October 2018 questions about gender identity without the amendment of that paragraph being made. Likewise, the Scottish Government regards paragraph 6 of the schedule as providing authority to ask questions about sexual orientation. The main policy aim of the Bill is not, therefore, to facilitate the asking of questions about gender identity and sexual orientation but to make answering those questions effectively voluntary. The policy recognises both the importance and sensitivity of the new questions and seeks to mitigate concerns about intrusion into private life by placing the questions on a voluntary basis.
6.There is an additional reason for amending paragraph 1 of the schedule to add reference to gender identity. The issues of sex and of gender identity are linked, especially if the sex question asked is a non-binary sex question (for example ―Are you male, female, other?). The precise form of the question is still to be considered by Parliament during its scrutiny of the Census Order and regulations. The ―sex question will remain compulsory. For that reason, the Bill does not hard-wire provision that would make answering questions about gender identity voluntary (that might catch the sex question) and, instead, provides a power to prescribe aspects of gender identity (such as trans/trans history) for the purpose of making questions about those aspects voluntary.
www.parliament.scot/S5_Bills/CensusScotlandBill/SPBill40PMS052018.pdf
There was a consultation which closed on 23 November 2018 and written evidence has now been published. (including on from Prof. Rosemary Auchmunty and Prof. Rosa Freedman) www.parliament.scot/parliamentarybusiness/CurrentCommittees/109902.aspx
Scotland seems to be at least if not two steps ahead in implementing gender identity as the norm in law rather than sex.