*I will outline some key provisions that will be in the draft bill for consultation. Existing requirements in the 2004 act to provide medical evidence will be removed, but it is important to stress that the current requirements will be replaced by an alternative statutory process. The term “self-identification” is routinely used, but in my view it does not adequately reflect either the seriousness or the permanency of the process that is envisaged. Applicants will, as they are now, be required to make a solemn statutory declaration that they intend to live permanently in their acquired gender.
In addition, applicants will be required to state in that statutory declaration that they have already been living in their acquired gender. Currently, applicants for gender recognition certificates are required to have been living in their acquired gender for a minimum of two years. It is the Scottish Government’s opinion that that period should be reduced. Our initial proposal is for a three-month period, but that, too, will be fully consulted on.
The draft bill will propose that, after an application for gender recognition has been made and has been checked to ensure that the necessary information and statutory declaration have been provided, there will be a mandatory three-month reflection period before a gender recognition certificate can be granted. At the end of that period, the applicant will need to confirm that they still wish to proceed. Therefore, applicants will need to have lived in their acquired gender for at least six months before a gender recognition certificate can be granted. Making a false statutory declaration is, and will remain, a criminal offence, the potential punishment for which includes up to two years’ imprisonment.
Retaining the requirement for a statutory declaration, making it clear that a false declaration is a criminal offence and building in time for reflection will enshrine in law the seriousness of the process. No one should doubt that it is a significant undertaking, or that it will require the same level of commitment from the individual as the existing system does.*
From Shirley Anne Somerville speech
So a total of 6 months living in new gender, no psychiatric or report from gender specialist needed. I doubt if the penalties for false representation will ever be applied.