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Gender Recognition Bill [HL]


Gender Recognition Bill [HL]

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(4)   

The following provisions extend only to Northern Ireland—

(a)   

section 23(3) and (4),

(b)   

section 24(6) and (7),

(c)   

Part 3 of Schedule 2,

(d)   

Part 3 of Schedule 3,

5

(e)   

Part 3 of Schedule 4,

(f)   

paragraphs 13, 15 and 17 of Schedule 5, and

(g)   

Part 2 of Schedule 6.

(5)   

Subject to subsections (1) to (4), this Act extends to Northern Ireland (as well as

to England and Wales and Scotland).

10

29      

Short title

(1)   

This Act may be cited as the Gender Recognition Act 2004.

(2)   

Nothing in this Act shall impose any charge on the people or on public funds,

or vary the amount or incidence of or otherwise alter any such charge in any

manner, or affect the assessment, levying, administration or application of any

15

money raised by any such charge.

 

 

14

Gender Recognition Bill [HL]
Schedule 1 — Gender Recognition Panels

 

Schedules

Schedule 1

Section 1

 

Gender Recognition Panels

List of persons eligible to sit

1     (1)  

The Lord Chancellor must, after consulting the Scottish Ministers and the

5

Department of Finance and Personnel in Northern Ireland, make

appointments to a list of persons eligible to sit as members of Gender

Recognition Panels.

      (2)  

The only persons who may be appointed to the list are persons who—

(a)   

have a relevant legal qualification (“legal members”), or

10

(b)   

are registered medical practitioners or chartered psychologists

(“medical members”).

      (3)  

The following have a relevant legal qualification—

(a)   

a person who has a 7 year general qualification within the meaning

of section 71 of the Courts and Legal Services Act 1990 (c. 41),

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(b)   

an advocate or solicitor in Scotland of at least seven years’ standing,

and

(c)   

a member of the Bar of Northern Ireland or solicitor of the Supreme

Court of Northern Ireland of at least seven years’ standing.

President

20

2     (1)  

The Lord Chancellor must, after consulting the Scottish Ministers and the

Department of Finance and Personnel in Northern Ireland—

(a)   

appoint one of the legal members to be the President of Gender

Recognition Panels (“the President”), and

(b)   

appoint another of the legal members to be the Deputy President of

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Gender Recognition Panels (“the Deputy President”).

      (2)  

The Deputy President has the functions of the President—

(a)   

if the President is unavailable, and

(b)   

during any vacancy in the office of President.

Tenure of persons appointed to list

30

3          

Persons on the list—

(a)   

hold and vacate their appointments in accordance with the terms on

which they are appointed, and

(b)   

are eligible for re-appointment at the end of their period of

appointment.

35

 

 

Gender Recognition Bill [HL]
Schedule 1 — Gender Recognition Panels

15

 

Membership of Panels

4     (1)  

The President must make arrangements for determining the membership of

Panels.

      (2)  

The arrangements must ensure that a Panel determining an application

under section 1(1)(a) includes—

5

(a)   

at least one legal member, and

(b)   

at least one medical member.

5          

The arrangements must ensure that a Panel determining an application

under section 1(1)(b), 5(2) or 6(1) includes at least one legal member.

Procedure

10

6     (1)  

Where a Panel consists of more than one member, either the President or

Deputy President or another legal member nominated by the President must

preside.

      (2)  

Decisions of a Panel consisting of more than one member may be taken by

majority vote (and, if its members are evenly split, the member presiding has

15

a casting vote).

      (3)  

Panels are to determine applications in private.

      (4)  

A Panel must determine an application without a hearing unless the Panel

considers that a hearing is necessary.

      (5)  

The President may, after consulting the Council on Tribunals, give

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directions about the practice and procedure of Panels.

      (6)  

Panels must give reasons for their decisions.

      (7)  

Where a Panel has determined an application, the Secretary of State must

communicate to the applicant the Panel’s decision and its reasons for

making its decision.

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Staff and facilities

7          

The Secretary of State may make staff and other facilities available to Panels.

Money

8     (1)  

The Secretary of State may pay sums by way of remuneration, allowances

and expenses to members of Panels.

30

      (2)  

The Secretary of State may pay compensation to a person who ceases to be

on the list if the Secretary of State thinks it appropriate to do so because of

special circumstances.

Disqualification

9          

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975

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(c. 24) (offices disqualifying person from membership of House of

Commons), at the appropriate place insert—

           

“Person on the list of those eligible to sit as members of a Gender

Recognition Panel.”

10         

In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification

40

 

 

Gender Recognition Bill [HL]
Schedule 2 — Interim certificates: marriage
Part 2 — Scotland

16

 

Act 1975 (c. 25) (offices disqualifying persons from membership of Northern

Ireland Assembly), at the appropriate place insert—

           

“Person on the list of those eligible to sit as members of a Gender

Recognition Panel.”

Schedule 2

5

Section 4

 

Interim certificates: marriage

Part 1

England and Wales

1          

The Matrimonial Causes Act 1973 (c. 18) is amended as follows.

2          

In section 12 (grounds on which a marriage celebrated after 31st July 1971 is

10

voidable), after paragraph (f) insert—

“(g)   

that an interim gender recognition certificate under the

Gender Recognition Act 2004 has, after the time of the

marriage, been issued to either party to the marriage;”.

3          

In section 13 (bars to relief), after subsection (2) insert—

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“(2A)   

Without prejudice to subsection (1) above, the court shall not grant a

decree of nullity by virtue of section 12 above on the ground

mentioned in paragraph (g) of that section unless it is satisfied that

proceedings were instituted within the period of six months from the

date of issue of the interim gender recognition certificate.”

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4     (1)  

Paragraph 11 of Schedule 1 (grounds on which a marriage celebrated before

1st August 1971 is voidable) is amended as follows.

      (2)  

In sub-paragraph (1), after paragraph (d) insert “or

(e)   

that an interim gender recognition certificate under the

Gender Recognition Act 2004 has been issued to either

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party to the marriage;”.

      (3)  

After sub-paragraph (3) insert—

“(3A)      

The court shall not grant a decree of nullity in a case falling within

sub-paragraph (1)(e) above unless it is satisfied that proceedings

were instituted within six months from the date of issue of the

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interim gender recognition certificate.”

Part 2

Scotland

5          

The Divorce (Scotland) Act 1976 (c. 39) is amended as follows.

6     (1)  

In subsection (1) of section 1 (grounds on which decree of divorce may be

35

granted)—

(a)   

the words “the marriage has broken down irretrievably” become

paragraph (a), and

 

 

Gender Recognition Bill [HL]
Schedule 3 — Registration
Part 1 — England and Wales

17

 

(b)   

after that paragraph insert “or

(b)   

an interim gender recognition certificate under the

Gender Recognition Act 2004 has, after the date of the

marriage, been issued to either party to the marriage.”

      (2)  

Accordingly, the title of that section becomes “Grounds of divorce”.

5

7          

In section 2(1) (encouragement of reconciliation), for “in an action for

divorce” substitute “under paragraph (a) of section 1(1)”.

Part 3

Northern Ireland

8          

The Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I.

10

15)) is amended as follows.

9          

In Article 14 (grounds on which a marriage celebrated after the

commencement of that Article is voidable), after paragraph (f) insert—

“(g)   

that an interim gender recognition certificate under the

Gender Recognition Act 2004 has, after the time of the

15

marriage, been issued to either party to the marriage;”.

10         

In Article 16 (bars to relief), after paragraph (2) insert—

“(2A)   

Without prejudice to paragraph (1), the court shall not grant a decree

of nullity by virtue of Article 14 on the ground mentioned in

paragraph (g) of that Article unless it is satisfied that proceedings

20

were instituted within the period of six months from the date of issue

of the interim gender recognition certificate.”

11    (1)  

Paragraph 18 of Schedule 3 (grounds on which a marriage celebrated before

the commencement of Article 14 is voidable) is amended as follows.

      (2)  

In sub-paragraph (1), after paragraph (d) insert “or

25

(e)   

that an interim gender recognition certificate under the

Gender Recognition Act 2004 has been issued to either

party to the marriage;”.

      (3)  

After sub-paragraph (4) insert—

“(4A)      

The court shall not grant a decree of nullity in a case falling within

30

sub-paragraph (1)(e) unless it is satisfied that proceedings were

instituted within six months from the date of issue of the interim

gender recognition certificate.”

Schedule 3

Section 10

 

Registration

35

Part 1

England and Wales

Introductory

1          

In this Part—

 

 

Gender Recognition Bill [HL]
Schedule 3 — Registration
Part 1 — England and Wales

18

 

           

“the Registrar General” means the Registrar General for England and

Wales, and

           

“the 1953 Act” means the Births and Deaths Registration Act 1953

(c. 20).

Gender Recognition Register

5

2     (1)  

The Registrar General must maintain, in the General Register Office, a

register to be called the Gender Recognition Register.

      (2)  

In this Part “the Gender Recognition Register” means the register

maintained under sub-paragraph (1).

      (3)  

The form in which the Gender Recognition Register is maintained is to be

10

determined by the Registrar General.

      (4)  

The Gender Recognition Register is not to be open to public inspection or

search.

Entries in Gender Recognition Register and marking of existing birth register entries

3     (1)  

If the Registrar General receives under section 10(1) a copy of a full gender

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recognition certificate issued to a person, the Registrar General must—

(a)   

make an entry in the Gender Recognition Register containing such

particulars as may be prescribed in relation to the person’s birth and

any other prescribed matter,

(b)   

secure that the UK birth register entry is marked in such manner as

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may be prescribed, and

(c)   

make traceable the connection between the entry in the Gender

Recognition Register and the UK birth register entry.

      (2)  

Sub-paragraph (1) does not apply if the certificate was issued after an

application under section 6(1) and that sub-paragraph has already been

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complied with in relation to the person.

      (3)  

No certified copy of the UK birth register entry and no short certificate of

birth compiled from that entry is to include anything marked by virtue of

sub-paragraph (1)(b).

      (4)  

Information kept by the Registrar General for the purposes of sub-

30

paragraph (1)(c) is not to be open to public inspection or search.

      (5)  

“Prescribed” means prescribed by regulations made by the Registrar

General with the approval of the Chancellor of the Exchequer.

Indexing of entries in Gender Recognition Register

4     (1)  

The Registrar General must make arrangements for each entry made in the

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Gender Recognition Register to be included in the relevant index kept in the

General Register Office.

      (2)  

Any right to search the relevant index includes the right to search entries

included in it by virtue of sub-paragraph (1).

      (3)  

Where by virtue of sub-paragraph (1) an index includes entries in the

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Gender Recognition Register, the index must not disclose that fact.

      (4)  

“The relevant index”, in relation to an entry made in the Gender Recognition

Register in relation to a person, means the index of the certified copies of

 

 

Gender Recognition Bill [HL]
Schedule 3 — Registration
Part 1 — England and Wales

19

 

entries in registers, or of entries in registers, which includes the person’s UK

birth register entry.

Certified copies of entries in Gender Recognition Register

5     (1)  

Anyone who may have a certified copy of the UK birth register entry of a

person issued with a full gender recognition certificate may have a certified

5

copy of the entry made in relation to the person in the Gender Recognition

Register.

      (2)  

Any fee which would be payable for a certified copy of the person’s UK birth

register entry is payable for a certified copy of the entry made in relation to

the person in the Gender Recognition Register.

10

      (3)  

If the person’s UK birth register entry is an entry in the Gender Recognition

Register, sub-paragraph (1) applies as if the person’s UK birth register entry

were the most recent entry within section 10(2)(a) or (b) containing a record

of the person’s birth or adoption which is not an entry in the Gender

Recognition Register.

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      (4)  

A certified copy of an entry in the Gender Recognition Register must not

disclose the fact that the entry is contained in the Gender Recognition

Register.

      (5)  

A certified copy of an entry in the Gender Recognition Register must be

sealed or stamped with the seal of the General Register Office.

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Short certificates of birth compiled from Gender Recognition Register

6          

Where a short certificate of birth under section 33 of the 1953 Act is compiled

from the Gender Recognition Register, the certificate must not disclose that

fact.

Gender Recognition Register: re-registration

25

7     (1)  

Section 10A of the 1953 Act (re-registration where parents not married)

applies where an entry relating to a person’s birth has been made in the

Gender Recognition Register as where the birth of a child has been

registered under that Act.

      (2)  

In its application by virtue of sub-paragraph (1) section 10A has effect—

30

(a)   

as if the reference to the registrar in subsection (1) were to the

Registrar General, and

(b)   

with the omission of subsection (2).

      (3)  

Sections 14 and 14A of the 1953 Act (re-registration in cases of legitimation

and after declaration of parentage) apply where an entry relating to a

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person’s birth has been made in the Gender Recognition Register as if the

references in those sections to the Registrar General authorising re-

registration of the person’s birth were to the Registrar General’s re-

registering it.

Correction etc. of Gender Recognition Register

40

8     (1)  

Any power or duty of the Registrar General or any other person to correct,

alter, amend, mark or cancel the marking of a person’s UK birth register

entry is exercisable, or falls to be performed, by the Registrar General in

relation to an entry in the Gender Recognition Register which—

 

 

 
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