London Daily

Focus on the big picture.
Friday, Mar 13, 2026

UK government may challenge Scottish gender change law

UK government may challenge Scottish gender change law

A new law is set to be passed by the Scottish Parliament which will simplify the legal process for anyone in Scotland who wants to change their gender.

But the signs are that the UK government could refuse to recognise it, causing huge issues for people affected who want to relocate elsewhere in the UK.

Since 1998 some laws which apply in Scotland are made by MSPs in Edinburgh, while others are made by MPs at Westminster.

Legislation now in the Scottish Parliament will shorten the timescale for anyone who wants to obtain a gender recognition certificate, a document allowing someone to change their gender on their birth certificate.

Gender recognition certificates allow people to change certain legal documents, and can affect areas such as entitlement to benefits and pensions.

The legislation is currently making its way through the Scottish Parliament and is likely to pass later this month.

UK government ministers are responsible for the law in this area in England and Wales, and have no plans to move in the same direction as the Scottish government.


Legal challenge


But they may go further by refusing to recognise documentation issued under the new Scottish system in other parts of the UK.

A UK government source close to the process told the BBC this was "absolutely" possible.

The Westminster government is also not ruling out the prospect of a legal challenge once the legislation is passed by MSPs - it believes the new law may have an impact on areas where policy is decided in London.

Asked if there could be a legal challenge to the Scottish legislation, the source told the BBC "nothing can be ruled out".

Scottish government ministers have said they are happy to meet their UK counterparts to discuss their concerns - and officials in Edinburgh said they had tried to set up talks in October, without any response.

The SNP-led government believes the bill involves powers held solely in Edinburgh, so the UK government would not have grounds to mount a legal challenge.

Equalities Secretary Kemi Badenoch has written to the Scottish government expressing concerns about the Scottish legislation, and has offered to meet Scottish ministers to discuss it.


'Nasty Westminster'


A UK government source told the BBC that they had concerns people from elsewhere in the UK may relocate to Scotland to change gender.

And they claimed Scottish ministers wanted to paint Scotland as a "haven of inclusivity" in comparison to a "nasty Westminster".

The source described the Scottish legislation as a "test case scenario" of how a bill passed by the Scottish Parliament could "undermine Westminster competencies" - in other words, handing Holyrood powers outside Scotland.

A separate UK government official told the BBC there was "genuine concern" about the impact the legislation could have across the rest of the UK. They added that they hoped a legal battle could be avoided.

Scottish Social Justice Secretary Shona Robison has said she would be "happy to meet with Ms Badenoch" to discuss the issue.

Newsletter

Related Articles

0:00
0:00
Close
Weak Growth Signals UK Economy Was Faltering Even Before Middle East Energy Shock
Marks & Spencer Tops UK Fashion Retail Rankings as Most Considered Brand
United States Launches Trade Investigation Into Allies Over Forced Labour Practices
United States Launches Trade Investigation Into Allies Over Forced Labour Practices
Russia Accuses Britain Over Storm Shadow Strike as London Reaffirms Ukraine’s Right to Self-Defence
Russia Accuses Britain Over Storm Shadow Strike as London Reaffirms Ukraine’s Right to Self-Defence
Royal Navy to Acquire Twenty Uncrewed Surface Vessels for Autonomous Warfare Testing
Russia Summons British and French Envoys After Ukrainian Storm Shadow Strike on Strategic Facility
Starmer Confirms Britain Will Maintain Sanctions on Russia Despite U.S. Policy Shift
UK Moves to Refine AI Definition in Investment Security Reform
UK Economy Stalls in January as Growth Unexpectedly Falls to Zero
Asian Energy Security Tested as Strait of Hormuz Disruption Threatens Oil Supplies
Iran Sets Three Conditions for Ending Regional War as Diplomatic Efforts Intensify
Tesla Secures Approval to Supply Electricity Directly to Homes Across Britain
Prince William Delivers Tribute to Australia’s Naval Alliance Amid Renewed Royal Spotlight on the Country
UK Foreign Secretary Travels to Saudi Arabia to Reinforce Support for Regional Allies
Putin’s ‘Hidden Hand’ May Be Assisting Iran in Conflict With Trump, UK Defence Secretary Warns
UK Sets April Deadline for Tech Platforms to Strengthen Online Protections for Children
Elon Musk Moves Into Britain’s Energy Market as Tesla Wins Licence to Supply Power
UK Watchdog Warns Fuel Retailers Against Profiteering Amid Iran War Price Surge
Report Claims Iran Used UK Charity Network to Expand Influence
United States and United Kingdom Establish Joint Standards for Counter-Drone Technology
Iran May Be Laying Naval Mines in Strait of Hormuz, UK Warns Amid Escalating Gulf Tensions
US Deploys Bunker-Buster Bombs to UK Airbase as Iran Conflict Intensifies
British Troops in Iraq Intercept Iranian Drones Targeting Coalition Base
Release of Mandelson Files Raises Tensions as UK Seeks Stable Relations With Donald Trump
UK Documents Reveal Starmer Was Warned About Mandelson’s Epstein Links Before Ambassador Appointment
Nearly Five Hundred UK Mortgage Deals Withdrawn in Two Days as Market Volatility Forces Lenders to Reprice
Three Cargo Ships Hit Near Iran as Attacks Spread to Strategic Strait of Hormuz
Why British Police Repeatedly Declined to Investigate Jeffrey Epstein’s UK Links
UK Parliament Ends Hereditary Seats in House of Lords, Closing Chapter on Centuries of Aristocratic Lawmaking
EU and UK Urge Israel to Act Against Rising West Bank Settler Violence Amid Regional Tensions
US Senator John Kennedy Says Keir Starmer Should Not Be Trusted for Military Advice Amid Iran War Debate
UK High Court Rejects Attempt to Revive Terrorism Charge Against Kneecap Rapper
Revolut Secures Full UK Banking Licence After Multi-Year Regulatory Wait
Kentucky’s Bench Boost Powers Wildcats Past LSU in SEC Tournament Opener
British Couple Die After Being Pulled From Water at Australian Beach During Family Visit
Global Energy Agency Announces Record Release of 400 Million Barrels to Stabilize Oil Markets Amid Hormuz Disruption
British Airways Suspends UK Repatriation Flights as Middle East Travel Disruption Deepens
US Forces Prepare Ordnance at RAF Fairford as Strategic Bombers Deploy for Middle East Operations
Nigel Farage Faces Criticism After Saying Britain Should Stay Out of Iran War
Landmark UK Trial Begins Over Sony’s PlayStation Store Pricing
UK High Court Rejects Bid to Challenge Britain’s Chagos Islands Agreement With Mauritius
Finnish Duo Triumphs in England’s Annual Wife-Carrying Race, Winning a Barrel of Ale
How U.S. and UK National Security Strategies Are Reshaping the Global Business Landscape
Green Party Gains Momentum as Labour Shifts Toward the Political Centre
Royal Navy Destroyer HMS Dragon Sets Sail for Eastern Mediterranean as Regional Tensions Rise
UK Homebuilder Persimmon Warns Iran Conflict Could Dent Property Buyer Confidence
Roman Abramovich Signals Legal Fight if UK Seeks to Seize Chelsea Sale Funds
UK Ready to Back Emergency Oil Reserve Release as Middle East Conflict Pushes Prices Higher
×