23. (1) Where (apart from this subsection) a relevant gender-specific sexual offence could be committed or attempted only if the gender of the person to whom a gender recognition certificate is issued were not the preferred gender, the fact that the person’s gender has become the preferred gender does not prevent the sexual offence being committed or attempted.

(2) An offence is a relevant gender-specific sexual offence if a condition specified in subsection (3) is satisfied.

(3) The following conditions are referred to in subsection (2):

(a) that the offence may only be committed by a person of a particular gender;

(b) that the offence may only be committed against, or in relation to, a person of a particular gender.

(4) A part of the body surgically constructed (in particular through gender assignment surgery) is the same, for the purposes of a sexual offence, as a part of the body not so surgically constructed.

(5) In this section “sexual offence” means an offence specified in the Schedule to the Sex Offenders Act 2001.