Hold the champagne! The Times article is misleading. Adult Gender Identity Clinics are not being forced to share any information right now - and might never be.
“The Gender Recognition (Disclosure of Information) (England) Order 2026” is enabling, not prescriptive, does not require sharing of information and ethical approval for the study has not yet been granted.
Once approval has been granted then, depending on timing, it will be up to NHS England or the DHSC and the Secretary of State for Health and Social Care to male sure that the data is actually shared.
Data Linkage Study
Statement made on 26 February 2026
Statement UIN HCWS1369
Statement made by
Wes Streeting
Secretary of State for Health and Social Care
Labour
Today, I have laid “The Gender Recognition (Disclosure of Information) (England) Order 2026” in Parliament. The Order will come into force on 20 March 2026.
This government has always made clear that anyone accessing gender services deserves high quality, evidence-based care and support. Laying this order will facilitate delivery of the data linkage study and is another step to achieving our manifesto commitment to implement recommendations of the independent Cass Review.
The study was planned to take place during the lifespan of the Cass Review, and a statutory instrument was brought forward in 2022 to protect those disclosing protected information for the study. However, it is well documented that some clinics did not share data to allow the study to commence and the study was therefore not completed as planned. Further to this, it is the government's view that the 2022 order now needs to be updated to sufficiently protect those who will now be sharing information for the purposes of the study.
This Order will revoke the 2022 order and will ensure that information that may otherwise be protected under the Gender Recognition Act 2004 can be lawfully disclosed for the specific purpose of the data linkage study. This Order makes technical changes to reflect that NHS England is now delivering the study, that the study is being completed as a recommendation (rather than during the lifetime) of the “Cass Review”, and to update the list of organisations contributing to the study.
The data linkage study is a retrospective study based on an analysis of routine data collected for a cohort of adults who, as children, were referred into a former model of NHS gender care, the Gender Identity Development Service (GIDS). The study requires no active patient participation and instead relies on an analysis of information already held within health records and other nationally held databases. The study aims to learn more about the needs of individuals referred to GIDS, their healthcare experience, and associations identifiable in the data which may tell us more about the intermediate outcomes for this cohort.
Since assuming responsibility for the data linkage study, NHS England has taken time to undertake due diligence work on the data sources critical to the study, and to work with organisations to refine the planned approach to data sharing. Some small but important improvements have been proposed in the study design that will better support the collaboration of organisations on whom the study team will be reliant for data, including adult gender clinics. It is my clear expectation that all relevant organisations will now provide the data required to complete this study.
Alongside the laying of this Order, updated data linkage study research approvals are also in progress. As with usual research practice, the finalised data linkage study protocol will be made public once independent research and ethical approvals have been appropriately secured, at which point the study can begin.
We are determined to continue our work to improve the lives and healthcare of transgender people in this country. We will continue to implement the recommendations of the Cass Review.
https://questions-statements.parliament.uk/written-statements/detail/2026-02-26/hcws1369
The Gender Recognition (Disclosure of Information) (England) Order 2026
Statutory Instruments
2026 No. 173
GENDER RECOGNITION, ENGLAND
The Gender Recognition (Disclosure of Information) (England) Order 2026
Made 25th February 2026
Laid before Parliament 26th February 2026
Coming into force 20th March 2026
The Secretary of State makes this Order in exercise of the powers conferred by sections 22(5) and (7) and 24(1) of the Gender Recognition Act 2004(1).
Citation, commencement, expiry, extent and application
1.—(1) This Order may be cited as the Gender Recognition (Disclosure of Information) (England) Order 2026 and shall come into force on 20th March 2026.
(2) This Order ceases to have effect at the end of 20th March 2029.
(3) This Order—
(a)extends to England and Wales, and
(b)applies in relation to England only.
Disclosure for the purposes of the data linkage study
2.—(1) It is not an offence under section 22(1) of the Gender Recognition Act 2004 for an authorised person to disclose protected information to another authorised person where the disclosure is—
(a) made by and to an authorised person in England, and
(b) for the purposes of facilitating, assisting with or undertaking the data linkage study.
(2) In this article—
(a) an “authorised person” is a person employed by or authorised in writing to act on behalf of a body listed in the Schedule;
(b) “GIDS” means Gender Identity Development Service formerly operated by the Tavistock and Portman NHS Foundation Trust(2);
(c) “data linkage study” means the observational study, originally commissioned for the purposes of the independent review into gender identity services for children and young people(3). The study links and analyses GIDS data, adult gender clinic data, and other nationally available healthcare data, in relation to any individual who was—
(i) referred to the GIDS, and
(ii) below the age of 18 at the time of their referral.
Revocation and savings
3.—(1) The Gender Recognition (Disclosure of Information) (England) Order 2022 (“the 2022 Order”)(4) is revoked.
(2) Despite the revocation in paragraph (1) the 2022 Order continues to have effect in relation to a person who disclosed information in accordance with that Order.
Wes Streeting Secretary of StateDepartment of Health and Social Care
25th February 2026
Article 2(2)
Schedule
Authorised persons
Chelsea and Westminster Hospital National Health Service Foundation Trust(5)
Cumbria, Northumberland, Tyne and Wear National Health Service Foundation Trust(6)
Devon Partnership National Health Service Trust(7)
GTD Healthcare Limited(8)
LGBT Foundation Ltd(9)
NHS England(10)
Leeds and York Partnership National Health Service Foundation Trust(11)
Leeds Teaching Hospitals National Health Service Trust(12)
Mersey Care National Health Service Foundation Trust(13)
Northamptonshire Healthcare National Health Service Foundation Trust(14)
Nottinghamshire Healthcare National Health Service Foundation Trust(15)
Sheffield Health Partnership University National Health Service Foundation Trust(16)
Tavistock and Portman National Health Service Foundation Trust(17)
University College London Hospitals National Health Service Foundation Trust(18)
The Department of Health and Social Care
Explanatory Note
(This note is not part of the Order)
Section 22 of the Gender Recognition Act 2004 (“the Act”) provides that it is an offence for a person who has acquired protected information in an official capacity to disclose the information to any other person. This Order prescribes circumstances where disclosure of protected information will not amount to an offence under the Act.
Section 22(2) of the Act defines protected information as information relating to a person who has applied for a gender recognition certificate under the Act, and which concerns that application (or a subsequent application by them), or their gender prior to being granted a full gender recognition certificate. Section 22(4) sets out certain circumstances where disclosure of protected information does not constitute an offence.
This Order provides for an additional circumstance where the disclosure of protected information does not constitute an offence. Article 2(1) provides that this is where protected information is disclosed between authorised persons for the purposes of facilitating, assisting or undertaking research for the purposes of the data linkage study. To benefit from the exception, both the authorised person disclosing the information and the authorised person receiving it must be in England when the disclosure is made. Article 2(2) provides the definitions of authorised person, GIDS and the data linkage study.
Article 3 revokes the Gender Recognition (Disclosure of Information) (England) Order 2022.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
https://www.legislation.gov.uk/uksi/2026/173/made
PDF version:
https://www.legislation.gov.uk/uksi/2026/173/made/data.pdf
Wes Streeting said on 26 Feb: "This Order makes technical changes to reflect that NHS England is now delivering the study,"
However, NHS England is being abolished and functions will be moved to the DHSC, ie. responsible to the Secretary of State for Health and Social Care, currently Wes Streeting.
Oral statement to Parliament
NHS England: Health and Social Care Secretary's statement
The Health and Social Care Secretary made a statement to the House of Commons on plans to abolish NHS England.
From:
Department of Health and Social Care and The Rt Hon Wes Streeting MP
Published
13 March 2025
"Work has already begun to strip out the duplication between the 2 organisations and bring many of NHS England’s functions into the department.
NHS England will have a much clearer focus over this transformation period.
It will be in charge of holding local providers to account for the outcomes that really matter, cutting waiting times and managing their finances responsibly."
"Over the next 2 years, NHS England will be brought into the department entirely."
"Today, we are abolishing the biggest quango in the world."
https://www.gov.uk/government/speeches/nhs-england-health-and-social-care-secretarys-statement