Gender Recognition Bill [HL]

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

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.