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Gender Recognition Bill [HL]


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

20

 

(a)   

relates to that person, and

(b)   

under paragraph 4(1) is included in the index which includes the

person’s UK birth register entry.

      (2)  

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

Register, the references in sub-paragraph (1) to the person’s UK birth

5

register entry are to 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.

      (3)  

The Registrar General may correct the Gender Recognition Register by entry

in the margin (without any alteration of the original entry) in consequence

10

of the issue of a full gender recognition certificate after an application under

section 6(1).

Revocation of gender recognition certificate etc.

9     (1)  

This paragraph applies if, after an entry has been made in the Gender

Recognition Register in relation to a person, the High Court or the Court of

15

Session makes an order under section 8(6) quashing the decision to grant the

person’s application under section 1(1) or 5(2).

      (2)  

The High Court or the Court of Session must inform the Registrar General.

      (3)  

Subject to any appeal, the Registrar General must—

(a)   

cancel the entry in the Gender Recognition Register, and

20

(b)   

cancel, or secure the cancellation, of any marking of an entry relating

to the person made by virtue of paragraph 3(1)(b).

Evidence

10    (1)  

Section 34(5) of the 1953 Act (certified copy of entry in register under that Act

deemed to be true copy) applies in relation to the Gender Recognition

25

Register as if it were a register under that Act.

      (2)  

A certified copy of an entry made in the Gender Recognition Register in

relation to a person is to be received, without further or other proof, as

evidence—

(a)   

if the relevant index is the index of the Adopted Children Register, of

30

the matters of which a certified copy of an entry in that Register is

evidence,

(b)   

if the relevant index is the index of the Parental Order Register, of the

matters of which a certified copy of an entry in that Register is

evidence, and

35

(c)   

otherwise, of the person’s birth.

      (3)  

And any certified copy which is receivable in evidence of any matter in

Northern Ireland by virtue of paragraph 31(2)(a) or (b) of this Schedule is

also receivable as evidence of that matter in England and Wales.

Regulatory reform

40

11         

The Chancellor of the Exchequer may by order amend this Part in

consequence of any order under section 1 of the Regulatory Reform Act 2001

(c. 6) which includes provision relating to the system of registration of births

and adoptions in England and Wales.

 

 

Gender Recognition Bill [HL]
Schedule 3 — Registration
Part 2 — Scotland

21

 

Part 2

Scotland

Introductory

12         

In this Part—

           

“the Registrar General” means the Registrar General for Scotland, and

5

           

“the 1965 Act” means the Registration of Births, Deaths and Marriages

(Scotland) Act 1965 (c. 49).

Gender Recognition Register

13    (1)  

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

Births, Deaths and Marriages in Scotland, a register to be called the Gender

10

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

determined by the Registrar General.

15

      (4)  

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

search.

Entries in Gender Recognition Register

14    (1)  

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

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

20

(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, and

(b)   

otherwise than by annotating in any way the birth register, make

traceable the connection between the UK birth register entry and the

25

entry in the Gender Recognition Register.

      (2)  

Sub-paragraph (1) does not apply if the gender recognition certificate was

issued after an application under section 6(1) and that sub-paragraph has

already been complied with in relation to the person.

      (3)  

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

30

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

      (4)  

“Prescribed” means prescribed by regulations made by the Registrar

General with the approval of the Scottish Ministers.

Indexing of entries in Gender Recognition Register

15    (1)  

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

35

Gender Recognition Register to be included in an index of such entries kept

in the General Register Office of Births, Deaths and Marriages in Scotland.

      (2)  

Whenever the Registrar General causes a search to be made under

subsection (2)(a) of section 38 of the 1965 Act (search of indexes of entries in

the registers of births, deaths and marriages) on behalf of any person, he

40

must also, without payment of any fee additional to the fee or fees

prescribed under that section—

 

 

Gender Recognition Bill [HL]
Schedule 3 — Registration
Part 2 — Scotland

22

 

(a)   

cause a search to be made of the index of entries in the Gender

Recognition Register on behalf of that person, and

(b)   

issue to that person an extract of any such entry provided that

(disregarding, for the purposes of subsection (4)(j) of section 22, this

paragraph) disclosure of the entry to the person would not constitute

5

an offence under that section.

Extracts of entries in Gender Recognition Register

16    (1)  

This paragraph applies in respect of an extract issued under paragraph

15(2)(b).

      (2)  

Except as regards the sex and name of the person to whom it relates, the

10

extract must have the form and content it would have had had it been an

extract from the register of births of the entry relating to that person.

      (3)  

The extract must not disclose the fact that the entry is contained in the

Gender Recognition Register.

Abbreviated certificates of birth compiled from Gender Recognition Register

15

17         

Where an abbreviated certificate of birth under section 40 of the 1965 Act is

compiled from the Gender Recognition Register, the certificate must not

disclose that fact.

Gender Recognition Register: correction, re-registration etc.

18         

Section 18A(2) (decrees of parentage and non-parentage), section 20(1) and

20

(3) (re-registration in certain cases), section 42(1) and (5) (correction of

errors), section 43(1), (2) and (5) to (9) (recording change of name or

surname) and section 44 (Register of Corrections etc.) of the 1965 Act apply

in relation to the Gender Recognition Register as they apply in relation to the

register of births.

25

Revocation of gender recognition certificate etc.

19    (1)  

This paragraph applies if, after an entry has been made in the Gender

Recognition Register in relation to a person, the High Court or the Court of

Session makes an order under section 8(6) quashing the decision to grant the

person’s application under section 1(1) or 5(2).

30

      (2)  

The High Court or the Court of Session must inform the Registrar General.

      (3)  

Subject to any appeal, the Registrar General must cancel the entry in the

Gender Recognition Register.

Authentication and admissibility

20         

Section 41 of the 1965 Act (authentication of extracts etc. and their

35

admissibility as evidence) applies in relation to the Gender Recognition

Register as in relation to the registers kept under the provisions of that Act.

 

 

Gender Recognition Bill [HL]
Schedule 3 — Registration
Part 3 — Northern Ireland

23

 

Part 3

Northern Ireland

Introductory

21         

In this Part—

           

“the Registrar General” means the Registrar General for Northern

5

Ireland, and

           

“the 1976 Order” means the Births and Deaths Registration (Northern

Ireland) Order 1976 (S.I. 1976/1041 ( N.I. 14)).

Gender Recognition Register

22    (1)  

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

10

Northern Ireland, 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

determined by the Registrar General.

15

      (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

23    (1)  

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

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

20

(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

may be prescribed, and

25

(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 gender recognition certificate was

issued after an application under section 6(1) and that sub-paragraph has

already been complied with in relation to the person.

30

      (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-

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

35

      (5)  

“Prescribed” means prescribed by regulations made by the Department of

Finance and Personnel.

Indexing of entries in Gender Recognition Register

24    (1)  

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

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

40

General Register Office in Northern Ireland.

 

 

Gender Recognition Bill [HL]
Schedule 3 — Registration
Part 3 — Northern Ireland

24

 

      (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

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

      (4)  

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

5

Register in relation to a person, means the index of the entries in registers

which includes the UK birth register entry.

Certified copies of entries in Gender Recognition Register

25    (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

10

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.

15

      (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.

20

      (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 in Northern

25

Ireland.

Short certificates of birth compiled from Gender Recognition Register

26         

Where a short certificate of birth under Article 40 of the 1976 Order is

compiled from the Gender Recognition Register, the certificate must not

disclose that fact.

30

Gender Recognition Register: re-registration

27         

Articles 18, 19 and 19A of the 1976 Order (re-registration of births) apply

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

Recognition Register as if the references in those Articles to the Registrar

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

35

Registrar General’s re-registering it.

Correction of errors in Gender Recognition Register

28    (1)  

Any power or duty of the Registrar General 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

40

Gender Recognition Register which—

(a)   

relates to that person, and

(b)   

under paragraph 24(1) is included in the index which includes the

person’s UK birth register entry.

 

 

Gender Recognition Bill [HL]
Schedule 3 — Registration
Part 3 — Northern Ireland

25

 

      (2)  

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

Register, the references in sub-paragraph (1) to the person’s UK birth

register entry are to 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.

5

      (3)  

The Registrar General may correct the Gender Recognition Register by entry

in the margin (without any alteration of the original entry) in consequence

of the issue of a full gender recognition certificate after an application under

section 6(1).

Revocation of gender recognition certificate etc.

10

29    (1)  

This paragraph applies if, after an entry has been made in the Gender

Recognition Register in relation to a person, the High Court or the Court of

Session makes an order under section 8(6) quashing the decision to grant the

person’s application under section 1(1) or 5(2).

      (2)  

The High Court or the Court of Session must inform the Registrar General.

15

      (3)  

Subject to any appeal, the Registrar General must—

(a)   

cancel the entry in the Gender Recognition Register, and

(b)   

cancel, or secure the cancellation of, any marking of an entry relating

to the person made by virtue of paragraph 23(1)(b).

Change of name

20

30         

Paragraphs (4) to (6) of Article 37 of the 1976 Order (change of name) apply

in relation to the Gender Recognition Register as they apply in relation to a

register under that Order.

Evidence

31    (1)  

Article 42 of the 1976 Order (proof of age or death) applies in relation to the

25

Gender Recognition Register as it applies in relation to a register under that

Order.

      (2)  

A certified copy of an entry made in the Gender Recognition Register in

relation to a person is to be received, without further or other proof, as

evidence—

30

(a)   

if the relevant index is the index of the Adopted Children Register, of

the matters of which a certified copy of an entry in that Register is

evidence,

(b)   

if the relevant index is the index of the Parental Order Register, of the

matters of which a certified copy of an entry in that Register is

35

evidence, and

(c)   

otherwise, of the person’s birth.

      (3)  

And any certified copy which is receivable in evidence of any matter in

England and Wales by virtue of paragraph 10(2)(a) or (b) of this Schedule is

also receivable as evidence of that matter in Northern Ireland.

40

Fees

32         

Article 47 of the 1976 Order (fees for searches, certificates etc.) applies in

relation to the Gender Recognition Register as it applies in relation to a

register under that Order.

 

 

 
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