Gender Recognition Bill [HL]

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

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.

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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),
15
(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
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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
25
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.
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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
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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.
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      (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
35
(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.”
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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
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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
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(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
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Part 1
England and Wales
Introductory
1
In this Part—

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