A thread by Michael Foran on "for all purposes" and how the government could act. Main link:
twitter.com/michaelpforan/status/1645462887979274240?s=46&t=WHoOZ_3Kv5G6-FyQuvE0LQ
A part of the thread:
"S9(3) limits the application of the “for all purposes” clause by reference to the provisions in the GRA or in any other Act which might limit the applicability of a GRC.
Within the Gender Recognition Act itself this means that having a GRC does not affect one’s status as the father or mother of a child, it doesn’t affect peerages or their inheritance, it has complicated effects on marriages and civil partnerships and it doesn’t affect sport
So it’s clear that a GRC does not change sex for those above purposes. But what about other statutes? There is some ambiguity over whether s9(3) requires explicit invocation in other statutes or if it is taken to apply where the statute sets out it’s own definition of sex.
If the latter then the ‘for all purposes’ clause won’t apply to the Equality Act bc the Act has its own definition of sex, tied to whether you are male or female. But this isn’t entirely clear and we haven’t had much caselaw testing this. What is we’ve had has been conflicting.
So if it’s not clear whether s9(3) is applicable for the Equality Act, then s23 of the GRA may be relevant
This permits the Secretary of State to issue regulations clarifying whether GRCs affect the operation or interpretation of the Equality Act. That would not require primary legislation and it wouldn’t require the insertion of a new definition of sex into the EA.
It’s not clear what the government will do in response to the EHRC letter if anything but it could enact primary legislation to insert a definition of sex into the EA or it could issue regulations making it clear that a GRC does not change sex for the purposes of the EA.
Either way it’s wrong to say that the Gender Recognition Act intended for GRCs to change sex for all purposes or to imply that clarifying this ambiguity is contrary to the purpose of the GRA. It was clearly envisaged that issues might arise such as this. That’s why s23 exists."