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(4) | The following provisions extend only to Northern Ireland— |
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(a) | section 23(3) and (4), |
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(b) | section 24(6) and (7), |
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(c) | Part 3 of Schedule 2, |
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(d) | Part 3 of Schedule 3, |
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(e) | Part 3 of Schedule 4, |
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(f) | paragraphs 13, 15 and 17 of Schedule 5, and |
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(g) | Part 2 of Schedule 6. |
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(5) | Subject to subsections (1) to (4), this Act extends to Northern Ireland (as well as |
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to England and Wales and Scotland). |
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(1) | This Act may be cited as the Gender Recognition Act 2004. |
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(2) | Nothing in this Act shall impose any charge on the people or on public funds, |
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or vary the amount or incidence of or otherwise alter any such charge in any |
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manner, or affect the assessment, levying, administration or application of any |
| 15 |
money raised by any such charge. |
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|
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|
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Gender Recognition Panels |
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List of persons eligible to sit |
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1 (1) | The Lord Chancellor must, after consulting the Scottish Ministers and the |
| 5 |
Department of Finance and Personnel in Northern Ireland, make |
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appointments to a list of persons eligible to sit as members of Gender |
| |
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(2) | The only persons who may be appointed to the list are persons who— |
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(a) | have a relevant legal qualification (“legal members”), or |
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(b) | are registered medical practitioners or chartered psychologists |
| |
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(3) | The following have a relevant legal qualification— |
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(a) | a person who has a 7 year general qualification within the meaning |
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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, |
| |
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(c) | a member of the Bar of Northern Ireland or solicitor of the Supreme |
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Court of Northern Ireland of at least seven years’ standing. |
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2 (1) | The Lord Chancellor must, after consulting the Scottish Ministers and the |
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Department of Finance and Personnel in Northern Ireland— |
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(a) | appoint one of the legal members to be the President of Gender |
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Recognition Panels (“the President”), and |
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(b) | appoint another of the legal members to be the Deputy President of |
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Gender Recognition Panels (“the Deputy President”). |
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(2) | The Deputy President has the functions of the President— |
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(a) | if the President is unavailable, and |
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(b) | during any vacancy in the office of President. |
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Tenure of persons appointed to list |
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(a) | hold and vacate their appointments in accordance with the terms on |
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which they are appointed, and |
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(b) | are eligible for re-appointment at the end of their period of |
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|
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|
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|
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4 (1) | The President must make arrangements for determining the membership of |
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(2) | The arrangements must ensure that a Panel determining an application |
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under section 1(1)(a) includes— |
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(a) | at least one legal member, and |
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(b) | at least one medical member. |
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5 | The arrangements must ensure that a Panel determining an application |
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under section 1(1)(b), 5(2) or 6(1) includes at least one legal member. |
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6 (1) | Where a Panel consists of more than one member, either the President or |
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Deputy President or another legal member nominated by the President must |
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(2) | Decisions of a Panel consisting of more than one member may be taken by |
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majority vote (and, if its members are evenly split, the member presiding has |
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(3) | Panels are to determine applications in private. |
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(4) | A Panel must determine an application without a hearing unless the Panel |
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considers that a hearing is necessary. |
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(5) | The President may, after consulting the Council on Tribunals, give |
| 20 |
directions about the practice and procedure of Panels. |
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(6) | Panels must give reasons for their decisions. |
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(7) | Where a Panel has determined an application, the Secretary of State must |
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communicate to the applicant the Panel’s decision and its reasons for |
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7 | The Secretary of State may make staff and other facilities available to Panels. |
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8 (1) | The Secretary of State may pay sums by way of remuneration, allowances |
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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 |
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on the list if the Secretary of State thinks it appropriate to do so because of |
| |
| |
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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 |
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Commons), at the appropriate place insert— |
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| “Person on the list of those eligible to sit as members of a Gender |
| |
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10 | In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification |
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|
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|
| |
|
Act 1975 (c. 25) (offices disqualifying persons from membership of Northern |
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Ireland Assembly), at the appropriate place insert— |
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| “Person on the list of those eligible to sit as members of a Gender |
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Interim certificates: marriage |
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1 | The Matrimonial Causes Act 1973 (c. 18) is amended as follows. |
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2 | In section 12 (grounds on which a marriage celebrated after 31st July 1971 is |
| 10 |
voidable), after paragraph (f) insert— |
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“(g) | that an interim gender recognition certificate under the |
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Gender Recognition Act 2004 has, after the time of the |
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marriage, been issued to either party to the marriage;”. |
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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 |
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decree of nullity by virtue of section 12 above on the ground |
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mentioned in paragraph (g) of that section unless it is satisfied that |
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proceedings were instituted within the period of six months from the |
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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 |
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1st August 1971 is voidable) is amended as follows. |
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(2) | In sub-paragraph (1), after paragraph (d) insert “or |
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(e) | that an interim gender recognition certificate under the |
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Gender Recognition Act 2004 has been issued to either |
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(3) | After sub-paragraph (3) insert— |
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“(3A) | The court shall not grant a decree of nullity in a case falling within |
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sub-paragraph (1)(e) above unless it is satisfied that proceedings |
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were instituted within six months from the date of issue of the |
| 30 |
interim gender recognition certificate.” |
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| |
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5 | The Divorce (Scotland) Act 1976 (c. 39) is amended as follows. |
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6 (1) | In subsection (1) of section 1 (grounds on which decree of divorce may be |
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(a) | the words “the marriage has broken down irretrievably” become |
| |
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|
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|
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|
(b) | after that paragraph insert “or |
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(b) | an interim gender recognition certificate under the |
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Gender Recognition Act 2004 has, after the date of the |
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marriage, been issued to either party to the marriage.” |
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(2) | Accordingly, the title of that section becomes “Grounds of divorce”. |
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7 | In section 2(1) (encouragement of reconciliation), for “in an action for |
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divorce” substitute “under paragraph (a) of section 1(1)”. |
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| |
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8 | The Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. |
| 10 |
15)) is amended as follows. |
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9 | In Article 14 (grounds on which a marriage celebrated after the |
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commencement of that Article is voidable), after paragraph (f) insert— |
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“(g) | that an interim gender recognition certificate under the |
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Gender Recognition Act 2004 has, after the time of the |
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marriage, been issued to either party to the marriage;”. |
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10 | In Article 16 (bars to relief), after paragraph (2) insert— |
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“(2A) | Without prejudice to paragraph (1), the court shall not grant a decree |
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of nullity by virtue of Article 14 on the ground mentioned in |
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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 |
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of the interim gender recognition certificate.” |
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11 (1) | Paragraph 18 of Schedule 3 (grounds on which a marriage celebrated before |
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the commencement of Article 14 is voidable) is amended as follows. |
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(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 |
| |
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(3) | After sub-paragraph (4) insert— |
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“(4A) | The court shall not grant a decree of nullity in a case falling within |
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sub-paragraph (1)(e) unless it is satisfied that proceedings were |
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instituted within six months from the date of issue of the interim |
| |
gender recognition certificate.” |
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| |
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|
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|
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|
| “the Registrar General” means the Registrar General for England and |
| |
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| “the 1953 Act” means the Births and Deaths Registration Act 1953 |
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Gender Recognition Register |
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2 (1) | The Registrar General must maintain, in the General Register Office, a |
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register to be called the Gender Recognition Register. |
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(2) | In this Part “the Gender Recognition Register” means the register |
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maintained under sub-paragraph (1). |
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(3) | The form in which the Gender Recognition Register is maintained is to be |
| 10 |
determined by the Registrar General. |
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(4) | The Gender Recognition Register is not to be open to public inspection or |
| |
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Entries in Gender Recognition Register and marking of existing birth register entries |
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3 (1) | If the Registrar General receives under section 10(1) a copy of a full gender |
| 15 |
recognition certificate issued to a person, the Registrar General must— |
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(a) | make an entry in the Gender Recognition Register containing such |
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particulars as may be prescribed in relation to the person’s birth and |
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any other prescribed matter, |
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(b) | secure that the UK birth register entry is marked in such manner as |
| 20 |
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(c) | make traceable the connection between the entry in the Gender |
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Recognition Register and the UK birth register entry. |
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(2) | Sub-paragraph (1) does not apply if the certificate was issued after an |
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application under section 6(1) and that sub-paragraph has already been |
| 25 |
complied with in relation to the person. |
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(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 |
| |
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(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. |
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(5) | “Prescribed” means prescribed by regulations made by the Registrar |
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General with the approval of the Chancellor of the Exchequer. |
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Indexing of entries in Gender Recognition Register |
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4 (1) | The Registrar General must make arrangements for each entry made in the |
| 35 |
Gender Recognition Register to be included in the relevant index kept in the |
| |
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(2) | Any right to search the relevant index includes the right to search entries |
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included in it by virtue of sub-paragraph (1). |
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(3) | Where by virtue of sub-paragraph (1) an index includes entries in the |
| 40 |
Gender Recognition Register, the index must not disclose that fact. |
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(4) | “The relevant index”, in relation to an entry made in the Gender Recognition |
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Register in relation to a person, means the index of the certified copies of |
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|
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|
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|
entries in registers, or of entries in registers, which includes the person’s UK |
| |
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Certified copies of entries in Gender Recognition Register |
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5 (1) | Anyone who may have a certified copy of the UK birth register entry of a |
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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 |
| |
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(2) | Any fee which would be payable for a certified copy of the person’s UK birth |
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register entry is payable for a certified copy of the entry made in relation to |
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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 |
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of the person’s birth or adoption which is not an entry in the Gender |
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(4) | A certified copy of an entry in the Gender Recognition Register must not |
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disclose the fact that the entry is contained in the Gender Recognition |
| |
| |
(5) | A certified copy of an entry in the Gender Recognition Register must be |
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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 |
| |
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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. |
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(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 |
| |
| |
(b) | with the omission of subsection (2). |
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(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 |
| 35 |
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- |
| |
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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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|
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|