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Other Bills before Parliament

Gender Recognition Bill [HL]


Gender Recognition Bill [HL]

1

 

A

Bill

To

Make provision for and in connection with change of gender.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Applications for gender recognition certificate

1       

Applications

(1)   

A person of either gender who is aged at least 18 may make an application for

a gender recognition certificate on the basis of—

(a)   

living in the other gender, or

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(b)   

having changed gender under the law of a country or territory outside

the United Kingdom.

(2)   

In this Act “the acquired gender”, in relation to a person by whom an

application under subsection (1) is or has been made, means—

(a)   

in the case of an application under paragraph (a) of that subsection, the

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gender in which the person is living, or

(b)   

in the case of an application under paragraph (b) of that subsection, the

gender to which the person has changed under the law of the country

or territory concerned.

(3)   

An application under subsection (1) is to be determined by a Gender

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Recognition Panel.

(4)   

Schedule 1 (Gender Recognition Panels) has effect.

2       

Determination of applications

(1)   

In the case of an application under section 1(1)(a), the Panel must grant the

application if satisfied that the applicant—

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(a)   

has or has had gender dysphoria,

(b)   

has lived in the acquired gender throughout the period of two years

ending with the date on which the application is made,

 
Bill 5653/3
 
 

Gender Recognition Bill [HL]

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(c)   

intends to continue to live in the acquired gender until death, and

(d)   

complies with the requirements imposed by and under section 3.

(2)   

In the case of an application under section 1(1)(b), the Panel must grant the

application if satisfied—

(a)   

that the country or territory under the law of which the applicant has

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changed gender is an approved country or territory, and

(b)   

that the applicant complies with the requirements imposed by and

under section 3.

(3)   

The Panel must reject an application under section 1(1) if not required by

subsection (1) or (2) to grant it.

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(4)   

In this Act “approved country or territory” means a country or territory

prescribed by order made by the Secretary of State after consulting the Scottish

Ministers and the Department of Finance and Personnel in Northern Ireland.

3       

Evidence

(1)   

An application under section 1(1)(a) must include either—

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(a)   

a report made by a registered medical practitioner practising in the

field of gender dysphoria and a report made by another registered

medical practitioner (who may, but need not, practise in that field), or

(b)   

a report made by a chartered psychologist practising in that field and a

report made by a registered medical practitioner (who may, but need

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not, practise in that field).

(2)   

But subsection (1) is not complied with unless a report required by that

subsection and made by—

(a)   

a registered medical practitioner, or

(b)   

a chartered psychologist,

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practising in the field of gender dysphoria includes details of the diagnosis of

the applicant’s gender dysphoria.

(3)   

And subsection (1) is not complied with in a case where—

(a)   

the applicant has undergone or is undergoing treatment for the

purpose of modifying sexual characteristics, or

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(b)   

treatment for that purpose has been prescribed or planned for the

applicant,

   

unless at least one of the reports required by that subsection includes details of

it.

(4)   

An application under section 1(1)(a) must also include a statutory declaration

35

by the applicant that the applicant meets the conditions in section 2(1)(b) and

(c).

(5)   

An application under section 1(1)(b) must include evidence that the applicant

has changed gender under the law of an approved country or territory.

(6)   

Any application under section 1(1) must include—

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(a)   

a statutory declaration as to whether or not the applicant is married,

(b)   

any other information or evidence required by an order made by the

Secretary of State, and

(c)   

any other information or evidence which the Panel which is to

determine the application may require,

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Gender Recognition Bill [HL]

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and may include any other information or evidence which the applicant wishes

to include.

(7)   

The Secretary of State may not make an order under subsection (6)(b) without

consulting the Scottish Ministers and the Department of Finance and Personnel

in Northern Ireland.

5

(8)   

If the Panel which is to determine the application requires information or

evidence under subsection (6)(c) it must give reasons for doing so.

4       

Successful applications

(1)   

If a Gender Recognition Panel grants an application under section 1(1) it must

issue a gender recognition certificate to the applicant.

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(2)   

Unless the applicant is married, the certificate is to be a full gender recognition

certificate.

(3)   

If the applicant is married, the certificate is to be an interim gender recognition

certificate.

(4)   

Schedule 2 (annulment or dissolution of marriage after issue of interim gender

15

recognition certificate) has effect.

(5)   

The Secretary of State may, after consulting the Scottish Ministers and the

Department of Finance and Personnel in Northern Ireland, specify the content

and form of gender recognition certificates.

5       

Subsequent issue of full certificates

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(1)   

A court which—

(a)   

makes absolute a decree of nullity granted on the ground that an

interim gender recognition certificate has been issued to a party to the

marriage, or

(b)   

(in Scotland) grants a decree of divorce on that ground,

25

   

must, on doing so, issue a full gender recognition certificate to that party and

send a copy to the Secretary of State.

(2)   

If an interim gender recognition certificate has been issued to a person and

either—

(a)   

the person’s marriage is dissolved or annulled (otherwise than on the

30

ground mentioned in subsection (1)) in proceedings instituted during

the period of six months beginning with the day on which it was issued,

or

(b)   

the person’s spouse dies within that period,

   

the person may make an application for a full gender recognition certificate at

35

any time within the period specified in subsection (3) (unless the person is

again married).

(3)   

That period is the period of six months beginning with the day on which the

marriage is dissolved or annulled or the death occurs.

(4)   

An application under subsection (2) must include evidence of the dissolution

40

or annulment of the marriage and the date on which proceedings for it were

instituted, or of the death of the spouse and the date on which it occurred.

 

 

Gender Recognition Bill [HL]

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(5)   

An application under subsection (2) is to be determined by a Gender

Recognition Panel.

(6)   

The Panel—

(a)   

must grant the application if satisfied that the applicant is not married,

and

5

(b)   

otherwise must reject it.

(7)   

If the Panel grants the application it must issue a full gender recognition

certificate to the applicant.

6       

Errors in certificates

(1)   

Where a gender recognition certificate has been issued to a person, the person

10

or the Secretary of State may make an application for a corrected certificate on

the ground that the certificate which has been issued contains an error.

(2)   

If the certificate was issued by a court the application is to be determined by

the court but in any other case it is to be determined by a Gender Recognition

Panel.

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(3)   

The court or Panel—

(a)   

must grant the application if satisfied that the gender recognition

certificate contains an error, and

(b)   

otherwise must reject it.

(4)   

If the court or Panel grants the application it must issue a corrected gender

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recognition certificate to the applicant.

7       

Applications: supplementary

(1)   

An application to a Gender Recognition Panel under section 1(1), 5(2) or 6(1)

must be made in a form and manner specified by the Secretary of State after

consulting the Scottish Ministers and the Department of Finance and Personnel

25

in Northern Ireland.

(2)   

The applicant must pay to the Secretary of State a non-refundable fee of an

amount prescribed by order made by the Secretary of State unless the

application is made in circumstances in which, in accordance with provision

made by the order, no fee is payable; and fees of different amounts may be

30

prescribed for different circumstances.

8       

Appeals etc.

(1)   

An applicant to a Gender Recognition Panel under section 1(1), 5(2) or 6(1) may

appeal to the High Court or Court of Session on a point of law against a

decision by the Panel to reject the application.

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(2)   

An appeal under subsection (1) must be heard in private if the applicant so

requests.

(3)   

On such an appeal the court must—

(a)   

allow the appeal and issue the certificate applied for,

(b)   

allow the appeal and refer the matter to the same or another Panel for

40

re-consideration, or

(c)   

dismiss the appeal.

 

 

Gender Recognition Bill [HL]

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(4)   

If an application under section 1(1) is rejected, the applicant may not make

another application before the end of the period of six months beginning with

the date on which it is rejected.

(5)   

If an application under section 1(1), 5(2) or 6(1) is granted but the Secretary of

State considers that its grant was secured by fraud, the Secretary of State may

5

refer the case to the High Court or Court of Session.

(6)   

On a reference under subsection (5) the court—

(a)   

must either quash or confirm the decision to grant the application, and

(b)   

if it quashes it, must revoke the gender recognition certificate issued on

the grant of the application and may make any order which it considers

10

appropriate in consequence of, or otherwise in connection with, doing

so.

Consequences of issue of gender recognition certificate etc.

9       

General

(1)   

Where a full gender recognition certificate is issued to a person, the person’s

15

gender becomes for all purposes the acquired gender (so that, if the acquired

gender is the male gender, the person’s sex becomes that of a man and, if it is

the female gender, the person’s sex becomes that of a woman).

(2)   

Subsection (1) does not affect things done, or events occurring, before the

certificate is issued; but it does operate for the interpretation of enactments

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passed, and instruments and other documents made, before the certificate is

issued (as well as those passed or made afterwards).

(3)   

Subsection (1) is subject to provision made by this Act or any other enactment

or any subordinate legislation.

10      

Registration

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(1)   

Where there is a UK birth register entry in relation to a person to whom a full

gender recognition certificate is issued, the Secretary of State must send a copy

of the certificate to the appropriate Registrar General.

(2)   

In this Act “UK birth register entry”, in relation to a person to whom a full

gender recognition certificate is issued, means—

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(a)   

an entry of which a certified copy is kept by a Registrar General, or

(b)   

an entry in a register so kept,

   

containing a record of the person’s birth or adoption (or, if there would

otherwise be more than one, the most recent).

(3)   

“The appropriate Registrar General” means whichever of—

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(a)   

the Registrar General for England and Wales,

(b)   

the Registrar General for Scotland, or

(c)   

the Registrar General for Northern Ireland,

   

keeps a certified copy of the person’s UK birth register entry or the register

containing that entry.

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(4)   

Schedule 3 (provisions about registration) has effect.

 

 

 
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