The Gender Recognition (Disclosure of Information) (England) Order 2022

Citation, commencement, expiry, extent and application

1.—(1) This Order may be cited as the Gender Recognition (Disclosure of Information) (England) Order 2022 and shall come into force on 28th July 2022.

(2) This Order ceases to have effect at the end of 27th July 2027.

(3) This Order—

(a) extends to England and Wales, and

(b) applies in relation to England only.

Disclosure for the purposes of the Cass Review

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) necessary for the purposes of facilitating, assisting or undertaking relevant research.

(2) In this article—

(a) an “authorised person” is a person listed in the Schedule;

(b) “the Cass Review” means the independent review into gender identity services for children and young people, for which terms of reference were published in Appendix 1 of its interim report as submitted to NHS England and dated February 2022(1)

(c) “relevant research” means research requested by NHS England—

(i) for the purposes of the Cass Review, and

(ii) in respect of a person who —

(aa) has been referred to Tavistock and Portman NHS Foundation Trust’s Gender Identity Development Service for assessment or treatment, and

(bb) was under the age of 18 years at the date of their referral.

Sajid Javid

Secretary of State,

Department of Health and Social Care

At 1.16 p.m. on 30th June 2022