NICOLA Sturgeon is not expected to launch a legal challenge over blocked gender reforms in her final weeks as First Minister, her office has said.
The Scottish Government will also suspend publication of its independence prospectus until a new leader is chosen next month, meaning a gap of half a year since the last part.
It means whoever replaces Ms Sturgeon faces some hugely controversial early decisions on the issues which have most divided the SNP, trans rights and independence.
The Scottish Parliament passed the Gender Recognition Reform (Scotland) Bill just before Christmas despite strong public opposition to key elements of it.
The Bill is intended to simplify the process for someone to change their legal gender, replacing a medical diagnosis with self-identification, and lowering the age from 18 to 16.
Advocates say it is a long overdue reform for a system that is cruel and inhumane to transgender people.
Critics warn it makes it too easy to get a gender recognition certificate, empowering potential male predators and making it easier for them to act women-only spaces.
In January, the UK Government took the unprecedented step of stopping the Bill from getting Royal Assent and becoming law using an order under Section 35 of the 1998 Scotland Act.
Scottish Secretary Alister Jack said he had taken the step as the Bill potentially clashed with UK-wide equality law and urged the Scottish Government to rewrite it.
Ms Sturgeon said at the time that it was a “full frontal attack” on the democratically elected parliament and predicted a court challenge was inevitable.
The first step would be for the Scottish Goverment to apply to the Court of Session, Scotland’s highest court, for a judicial review to have the Section 35 order set aside.
The case could ultimately be appealed to the UK Supreme Court.
The deadline to apply for a judicial review is mid-April, after the SNP leadership contest.
Nominations close tomorrow, voting finishes on March 27, and the winner would be sworn in as First Minister a few days later.
Frontrunner Humza Yousaf has backed a legal challenge, while Kate Forbes and Ash Regan, who oppose the GRR Bill, are against one.
Asked today whether Ms Sturgeon would launch a legal action before she left office, her official spokesman said: “Mid-April would obviously give enough leeway [for the next FM]. “I’m not giving you any indication that there’s anything imminent on that, put it that way.”
In June last year, Ms Sturgeon began publishing instalments of her updated independence prospectus, Building sa New Scotland.
A second part appeared in July and a third in October. There has been nothing since.
Asked about another instalment under Ms Sturgeon, her spokesman said: “The prospectus papers are work in progress and that work continues.
"But clearly it’s for the new FM to take forward a policy programme as they see fit. It’s for the new FM to take forward their policy agenda.”
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