London Daily

Focus on the big picture.
Thursday, Nov 13, 2025

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
UK Upholds Firm Rules on Stablecoins to Shield Financial System
Brussels Divided as UK-EU Reset Stalls Over Budget Access
Prince Harry’s Remembrance Day Essay Expresses Strong Regret at Leaving Britain
UK Unemployment Hits 5% as Wage Growth Slows, Paving Way for Bank of England Rate Cut
Starmer Warns of Resurgent Racism in UK Politics as He Vows Child-Poverty Reforms
UK Grocery Inflation Slows to 4.7% as Supermarkets Launch Pre-Christmas Promotions
UK Government Backs the BBC amid Editing Scandal and Trump Threat of Legal Action
UK Assessment Mis-Estimated Fallout From Palestine Action Ban, Records Reveal
UK Halts Intelligence Sharing with US Amid Lethal Boat-Strike Concerns
King Charles III Leads Britain in Remembrance Sunday Tribute to War Dead
UK Retail Sales Growth Slows as Households Hold Back Ahead of Black Friday and Budget
Shell Pulls Out of Two UK Floating Wind Projects Amid Renewables Retreat
Viagogo Hit With £15 Million Tax Bill After HMRC Transfer-Pricing Inquiry
Jaguar Land Rover Cyberattack Pinches UK GDP, Bank of England Says
UK and Germany Sound Alarm on Russian-Satellite Threat to Critical Infrastructure
Former Prince Andrew Faces U.S. Congressional Request for Testimony Amid Brexit of Royal Title
BBC Director-General Tim Davie and News CEO Deborah Turness Resign Amid Editing Controversy
Tom Cruise Arrives by Helicopter at UK Scientology Fundraiser Amid Local Protests
Prince Andrew and Sarah Ferguson Face Fresh UK Probes Amid Royal Fallout
Mothers Link Teen Suicides to AI Chatbots in Growing Legal Battle
UK Government to Mirror Denmark’s Tough Immigration Framework in Major Policy Shift
UK Government Turns to Denmark-Style Immigration Reforms to Overhaul Border Rules
UK Chancellor Warned Against Cutting Insulation Funding as Budget Looms
UK Tenant Complaints Hit Record Levels as Rental Sector Faces Mounting Pressure
Apple to Pay Google About One Billion Dollars Annually for Gemini AI to Power Next-Generation Siri
UK Signals Major Shift as Nuclear Arms Race Looms
BBC’s « Celebrity Traitors UK » Finale Breaks Records with 11.1 Million Viewers
UK Spy Case Collapse Highlights Implications for UK-Taiwan Strategic Alignment
On the Road to the Oscars? Meghan Markle to Star in a New Film
A Vote Worth a Trillion Dollars: Elon Musk’s Defining Day
AI Researchers Claim Human-Level General Intelligence Is Already Here
President Donald Trump Challenges Nigeria with Military Options Over Alleged Christian Killings
Nancy Pelosi Finally Announces She Will Not Seek Re-Election, Signalling End of Long Congressional Career
UK Pre-Budget Blues and Rate-Cut Concerns Pile Pressure on Pound
ITV Warns of Nine-Per-Cent Drop in Q4 Advertising Revenue Amid Budget Uncertainty
National Grid Posts Slightly Stronger-Than-Expected Half-Year Profit as Regulatory Investments Drive Growth
UK Business Lobby Urges Reeves to Break Tax Pledges and Build Fiscal Headroom
UK to Launch Consultation on Stablecoin Regulation on November 10
UK Savers Rush to Withdraw Pension Cash Ahead of Budget Amid Tax-Change Fears
Massive Spoilers Emerge from MAFS UK 2025: Couple Swaps, Dating App Leaks and Reunion Bombshells
Kurdish-led Crime Network Operates UK Mini-Marts to Exploit Migrants and Sell Illicit Goods
UK Income Tax Hike Could Trigger £1 Billion Cut to Scotland’s Budget, Warns Finance Secretary
Tommy Robinson Acquitted of Terror-related Charge After Phone PIN Dispute
Boris Johnson Condemns Western Support for Hamas at Jewish Community Conference
HII Welcomes UK’s Westley Group to Strengthen AUKUS Submarine Supply Chain
Tragedy in Serbia: Coach Mladen Žižović Collapses During Match and Dies at 44
Diplo Says He Dated Katy Perry — and Justin Trudeau
Dick Cheney, Former U.S. Vice President, Dies at 84
Trump Calls Title Removal of Andrew ‘Tragic Situation’ Amid Royal Fallout
UK Bonds Rally as Chancellor Reeves Briefs Markets Ahead of November Budget
×