Prohibition of Conversion Therapy (Scotland) Act 2018 1

MODEL
SCOTTISH PARLIAMENT

Prohibition of Conversion Therapy (Scotland) Bill

SP Bill 38

(as introduced)

An Act of the Scottish Parliament to prohibit treatments intended to alter the sexual orientation or
gender identity of a person; and for connected purposes.

1 Meaning of conversion therapy

(1) For the purposes of this Act, conversion therapy is any therapy, treatment, or action which
a person administers to or performs on another person (“P”) with a view to—
(a) altering P’s sexual orientation, or
(b) altering P’s gender identity.
(2) In subsection (1)—
“sexual orientation” has the meaning given in section 12 of the Equality Act 2010;
“gender identity”, in relation to P, means the gender in which P is living.
(3) The Scottish Ministers may by regulations amend—
(a) the list in subsection (1) so as to vary which therapies, treatments, and actions are
to be considered conversion therapy, and
(b) the definitions in subsection (2) consequent to an amendment under paragraph (a).
(4) Regulations under subsection (3) are subject to the affirmative procedure.

2 Offence of administering conversion therapy

A person who administers conversion therapy to another person commits an offence.

3 Offence of aiding and abetting the administration of conversion therapy

A person who aids, abets, counsels, procures, or incites—
(a) a person to commit an offence under section 2;
(b) another person to administer conversion therapy to that other person’s self;
(c) a person who is not a United Kingdom national or United Kingdom resident to
administer conversion therapy outside the United Kingdom,
commits an offence.
2 Prohibition of Conversion Therapy (Scotland) Act 2018

4 Extension to extra-territorial acts

(1) Sections 2 and 3 extend to any act done outside the United Kingdom by a United Kingdom
national or United Kingdom resident.
(2) If an offence under this Act is committed outside the United Kingdom—
(a) it may be treated as having been committed in any place in Scotland, and
(b) proceedings may be taken accordingly.

5 Penalties
A person who commits an offence under this Act is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months;
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

6 United Kingdom nationals and residents

In this Act—
“United Kingdom national” means an individual who is—
(a) a British citizen, a British Overseas Territories citizen, a British National
(Overseas), or a British Overseas citizen;
(b) a person who, under the British Nationality Act 1981, is a British subject; or
(c) a British protected person within the meaning of that Act;
“United Kingdom resident” means an individual who is habitually resident in the United
Kingdom.

7 Repeals
The Conversion Therapy Act 2017 (c. 36) is repealed.

8 Commencement
This Act comes into force on the day after Royal Assent.

9 Short title
The short title of this Act is the Prohibition of Conversion Therapy (Scotland) Act 2018.