The phrases ‘non-binary person’ and ‘person who cross-dresses’ are not specifically defined in the Bill because it is not considered necessary for those phrases to be given any special definitions for the purposes of the Bill.
There is already a statutory aggravation where an offence is aggravated by prejudice relating to transgender identity. This is in the Offences (Aggravation by Prejudice) (Scotland) Act 2009, which is to be repealed by the Bill. In that 2009 Act, there is a definition of transgender identity which includes the terms ‘transsexualism’ and ‘transvestitism’. Those terms are not used in the Bill because the Bill seeks to use more modern language. The term ‘person who cross-dresses’ is used in the Bill to ensure that the protection provided by the word ‘transvestitism’ is not lost.
The term ‘non-binary people’ is also used as modern language referring to a group currently protected by the definition in the 2009 Act. The definition of transgender identity in the 2009 Act includes ‘any other gender identity that is not standard male or female gender identity’.