Earlier this week, the Scottish Government was granted permission to challenge the UK Government’s decision to block the Gender Recognition Reform (Scotland) Bill.

The case will be heard between September 19th – 21st.

https://www.bbc.co.uk/news/uk-scotland-66033943.amp

The Scottish Government is taking the UK Government’s decision to “judicial review”. A judicial review is:

a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.

In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.

It is not really concerned with the conclusions of that process and whether those were ‘right’, as long as the right procedures have been followed. The court will not substitute what it thinks is the ‘correct’ decision.

(Courts and Tribunals Judiciary)

What does this mean?

 

It means that the Court will be deciding if the UK Government acted within the powers it has in the Scotland Act 1998 when it blocked the Bill. This will involve considering the reasons it has given for blocking the Bill.

 

It will not be deciding if reforming the Gender Recognition Act is the right thing to do.

Read more about the section 35 order, and background to the UK Government’s block of the Gender Recognition Reform (Scotland) Bill here