The Bill removes the definition of “woman” from the Gender Representation on Public Boards (Scotland) Act 2018.
This is a Government bill
The Bill became an Act on 1 August 2024
This Bill was passed and is now an Act of the Scottish Parliament.
The Gender Representation on Public Boards (Scotland) Act 2018 (“the 2018 Act”) introduced a requirement that 50% of the non-executive members of public boards should be women. Public boards supervise the activities and performance of the public bodies that deliver functions like health and social care, utilities and transport in Scotland.
Section 2 of the 2018 Act defined a “woman” as including: “a person who has the protected characteristic of gender reassignment (within the meaning of section 7 of the Equality Act 2010) if, and only if, the person is living as a woman and is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of becoming female”.
This Bill removes that definition of “woman” from the 2018 Act.
In 2022, the Court of Session decided that the definition of “woman” in section 2 of the 2018 Act was outside the legislative powers of the Scottish Parliament and was therefore not law.
The Bill has been introduced by the Scottish Government following that decision.
Gender Representation on Public Boards (Amendment) (Scotland) Bill as introduced (175KB, pdf) posted 07 November 2023
Explanatory Notes (173KB, pdf) posted 07 November 2023
Policy Memorandum (184KB, pdf) posted 07 November 2023
Financial Memorandum (117KB, pdf) posted 07 November 2023
Statements on legislative competence (109KB, pdf) posted 07 November 2023
Explanatory Notes (277KB, pdf) posted 07 November 2023
Policy Memorandum (237KB, pdf) posted 07 November 2023
Financial Memorandum (156KB, pdf) posted 07 November 2023
Statements on legislative competence (160KB, pdf) posted 07 November 2023
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Research briefing on the Gender Representation on Public Boards (Amendment) (Scotland) Bill
The Bill was introduced on 7 November 2023
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The Parliament agreed that consideration of the Bill at Stage 1 be completed by 29 March 2024.
The lead committee for this Bill is the Equalities, Human Rights and Civil Justice Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The Equalities, Human Rights and Civil Justice Committee held a call for views to help inform its examination of the Bill.
Read the Official Report of the meeting
Letter from the Cabinet Secretary for Social Justice to the Convener of the Equalities, Human Rights and Civil Justice Committee, 19 March 2024
The Equalities, Human Rights and Civil Justice Committee published its report on 15 March 2024.
Gender Representation on Public Boards (Amendment) (Scotland) Bill Stage 1 Report
The Committee received the following response to its report:
A Stage 1 debate took place on 26 March 2024 to consider and decide on the general principles of the Bill.
See further details of the motion
The Bill ended Stage 1 on 26 March 2024
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
Read the agenda, papers and minutes for this meeting
No amendments were made to the Bill at Stage 2.
The Bill as Introduced remained the current version of the Bill.
The Bill ended Stage 2 on 30 April 2024
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
MSPs debate whether to pass the Bill.
See further details of the motion
The Bill ended Stage 3 on 20 June 2024
The Bill was passed on 20 June 2024 and became an Act on 1 August 2024.
Gender Representation on Public Boards (Amendment) (Scotland) Act 2024