In relation to amendments voted down in respect to sexual offenders (please note that all but 40 - 42 were voted down) -
'Group 2 is on applicants with criminal charges or convictions. Amendment 18, in the name of Russell Findlay, is grouped with amendments 22, 28, 39, 39A, 39B, 39C, 40, 40A, 40B, 40C, 40D, 40E, 41, 42, 50, 52 and 53.'
Amendment 22 (Russell Findlay)
After section 3, insert—
<Notification requirements
In section 84 of the Sexual Offences Act 2003, after subsection (1)(f) insert—
“( ) his submitting an application under sections 8A(1), 8F(1), 8J(1),
8K(1) or 8O(1) of the Gender Recognition Act 2004.”.>
Amendment 28 (Russell Findlay)
In section 4, page 3, line 23, after <particular,> insert—
<( ) is not subject to the notification requirements of Part 2 of the Sexual
Offences Act 2003, or has obtained an order under section 8PB (order
authorising application),>
Amendment 39 (Michelle Thomson, supported by Russell Findlay)
After section 4, insert—
<Paused applications
After section 8C of the 2004 Act (inserted by section 4) insert—
“8CA Paused applications
5 (1) This section applies where an application under section 8A(1) is made by a person who has been charged with a sexual offence listed in Schedule 3 of the Sexual Offences Act 2003.
(2) Where subsection (1) applies, the Registrar General for Scotland must not grant an application under section 8A(1) until such time as the case against the applicant has been disposed of.”.>
Amendment 39A - 39C (Russell Findlay)
39A
As an amendment to amendment 39, line 6, after <with> insert <—
<( )>
39B
As an amendment to amendment 39, line 7, at end insert—
<( ) an offence aggravated as described in section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.>
39C
As an amendment to amendment 39, line 7, at end insert—
<( ) fraud.>
Amendment 40 (Gillian Martin, supported by Jamie Greene)
After section 6A, insert—
<Notification by chief constable in connection with applications by certain offenders
After section 8EA of the 2004 Act (inserted by section 6A) insert—
“8EB
5
Notification by chief constable in connection with applications by certain
offenders (Scotland)
(1) Subsection (2) applies where the chief constable makes an application for a sexual harm prevention order or a sexual offences prevention order which, if made, would prevent a person from making an application for a gender recognition certificate.
(2) The chief constable must notify the Registrar General for Scotland of—
10 (a) the making of the application for the order,
1 (b) the making of any interim order preventing the person from making an application for a gender recognition certificate,
(c) the outcome of the application for the order, when the application has been finally determined,
(d) where an order preventing the person from making an application for a gender recognition certificate is made—
(i) the terms of the order, and
(ii) any subsequent variation, renewal or discharge of the order.
(3)
20
An application for a gender recognition certificate made in breach of an order mentioned in subsection (2)(b) or (d) is of no effect (and, accordingly, is to be treated by the Registrar General as if it had never been made).
(4) Subsections (5) and (6) apply where—
(a) the chief constable makes an application for a sexual harm prevention order or a sexual offences prevention order in relation to a person who has made an application for a gender recognition certificate (“the applicant”),
(b) the application for the certificate has not yet been determined by the Registrar General, and
(c) the order would, if made, require the applicant to withdraw that application.
(5) The chief constable must notify the Registrar General of—
30 (a) the making of the application for the order,
(b) the outcome of that application, when the application has been finally determined.
(6) Where the Registrar General receives notification under subsection (5)(a), the Registrar General must not take any further steps in relation to the application for the certificate unless the chief constable notifies the Registrar General under subsection (5)(b) that either—
(a) no order has been made, or
(b) an order has been made, but it does not require the applicant to withdraw the application for the certificate.
40 (7) For the purposes of this section, an application for a sexual harm prevention order or a sexual offences prevention order is finally determined when—
(a) any appeal in respect of the application is finally determined or withdrawn,
or
(b)the period for making such an appeal expires with no appeal having been made.
(8) In this section—
“application for a gender recognition certificate” means an application under section 8A(1), 8F(1), 8J(1) or 8K(1) for a gender recognition certificate or under section 8O(1) for a confirmatory gender recognition certificate,
50 “chief constable” means the chief constable of the Police Service of Scotland,
“sexual harm prevention order” and “interim sexual harm prevention order” have the meanings given by section 25(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, “sexual offences prevention order” and “interim sexual offences prevention order” have the meanings given by section 133(1) of the Sexual Offences Act 2003.”.>
Amendment 41 (Gillian Martin, Jamie Greene)
In section 7, page 6, line 40, leave out <8EA> and insert <8EB>
Amendment 42 (Gillian Martin, supported by Jamie Greene)
In section 7, page 6, line 40, leave out <6A> and insert <(Notification by chief constable in connection with applications by certain offenders)>
Amendment 50 (Russell Findlay)
After section 8A, insert—
<Order authorising application
After section 8PA of the 2004 Act (inserted by section 8A) insert—
8PB Order authorising application
(1) A sheriff may, on the application of a person intending to apply for a gender recognition certificate (“P”), order the Registrar General for Scotland to accept the application if—
(a) P is not permitted to apply by virtue of section 8A(1)(ab) and,
(b) the sheriff considers it manifestly unfair in the circumstances to prohibit P from applying.
(2) In determining whether it is manifestly unfair in the circumstances to prohibit P from applying, the sheriff must consider, in particular—
(a) the nature of the offences that has made P subject to notification requirements,
(b) the seriousness of those offences,
(c) any relationship between those offences and the obtaining of a gender recognition certificate,
(d) any other matter that the Scottish Ministers specify in regulations.”>
Amendment 52 (Russell Findlay)
In section 9, page 15, line 39, at end insert <,or
(d) the person to whom the certificate was issued has, since the certificate issued,
been convicted of—
(i) rape,
(ii) sexual assault involving the perpetrator’s genitalia of sex at birth,>
Amendment 53 (Russell Findlay)
In section 9, page 16, line 3, at end insert—
<( ) The sheriff may make an order on an application under subsection (1)(d) if satisfied that it would be unreasonable in the circumstances for the person to whom the certificate was issued to continue to hold a certificate.>
Taken from -
https://www.parliament.scot/bills-and-laws/bills/s6/gender-recognition-reform-scotland-bill
This includes minutes and reports of the various debates and the voting record.
See also -
https://www.holyrood.com/news/view,gender-recognition-reform-msps-reject-amendment-following-government-concerns-about-competence
(Apologies for any typos etc, it's very dense information to look through!)