|
| |
|
(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 |
| |
| |
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). |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(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 |
(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. |
| |
| 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. |
| |
|
| |
|
| |
|
| |
| |
| |
| |
| “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 |
| |
(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 |
| |
| |
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— |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
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 |
| |
| 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. |
| |
|
| |
|
| |
|
| |
| |
| |
| |
| “the Registrar General” means the Registrar General for Northern |
| 5 |
| |
| “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 |
| |
| |
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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
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 |
| |
| 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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
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). |
| |
| 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. |
| |
| |
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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
(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 |
| |
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. |
| |
|
| |
|