House of Commons portcullis
House of Commons
Session 2003 - 04
Internet Publications
Other Bills before Parliament

Gender Recognition Bill [HL]


Gender Recognition Bill [HL]
Schedule 4 — Effect on marriage
Part 1 — England and Wales

26

 

Schedule 4

Section 11

 

Effect on marriage

Part 1

England and Wales

Marriage Act 1949 (c. 76)

5

1          

The Marriage Act 1949 is amended as follows.

2          

In section 1 (restrictions on marriage), insert at the end—

“(6)   

Subsection (5) of this section and Parts 2 and 3 of the First Schedule

to this Act have effect subject to the following modifications in the

case of a party to a marriage whose gender has become the acquired

10

gender under the Gender Recognition Act 2004 (“the relevant

person”).

(7)   

Any reference in those provisions to a former wife or former

husband of the relevant person includes (respectively) any former

husband or former wife of the relevant person.

15

(8)   

And—

(a)   

the reference in paragraph (b) of subsection (5) of this section

to the relevant person’s son’s mother is to the relevant

person’s son’s father if the relevant person is the son’s

mother; and

20

(b)   

the reference in paragraph (d) of that subsection to the

relevant person’s daughter’s father is to the relevant person’s

daughter’s mother if the relevant person is the daughter’s

father.”

3          

After section 5A insert—

25

“5B     

Marriages involving person of acquired gender

(1)   

A clergyman is not obliged to solemnise the marriage of a person if

the clergyman reasonably believes that the person’s gender has

become the acquired gender under the Gender Recognition Act 2004.

(2)   

A clerk in Holy Orders of the Church in Wales is not obliged to

30

permit the marriage of a person to be solemnised in the church or

chapel of which the clerk is the minister if the clerk reasonably

believes that the person’s gender has become the acquired gender

under that Act.”

Matrimonial Causes Act 1973 (c. 18)

35

4          

The Matrimonial Causes Act 1973 is amended as follows.

5          

In section 12 (grounds on which a marriage celebrated after 31st July 1971 is

voidable), insert at the end—

“(h)   

that the respondent is a person whose gender at the time of

the marriage had become the acquired gender under the

40

Gender Recognition Act 2004.”

 

 

Gender Recognition Bill [HL]
Schedule 4 — Effect on marriage
Part 3 — Northern Ireland

27

 

6          

In section 13(2), (3) and (4) (bars to relief), for “or (f)” substitute “, (f) or (h)”.

Part 2

Scotland

Marriage (Scotland) Act 1977 (c. 15)

7          

In section 2 of the Marriage (Scotland) Act 1977 (marriage of related

5

persons), insert at the end—

“(6)   

Subsections (1A) and (1B) above and paragraphs 2 and 2A of

Schedule 1 to this Act have effect subject to the following

modifications in the case of a party to a marriage whose gender has

become the acquired gender under the Gender Recognition Act 2004

10

(“the relevant person”).

(7)   

Any reference in those provisions to a former wife or former

husband of the relevant person includes (respectively) any former

husband or former wife of the relevant person.

(8)   

And—

15

(a)   

the reference in paragraph (b) of subsection (1B) above to the

relevant person’s son’s mother is to the relevant person’s

son’s father if the relevant person is the son’s mother; and

(b)   

the reference in paragraph (d) of that subsection to the

relevant person’s daughter’s father is to the relevant person’s

20

daughter’s mother if the relevant person is the daughter’s

father.”

Part 3

Northern Ireland

Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 (S.I. 1984/1984 (N.I.

25

14))

8          

In Article 18 of the Family Law (Miscellaneous Provisions) (Northern

Ireland) Order 1984 (restrictions on marriage), after paragraph (2D) insert—

“(2DA)   

Paragraph (2D) and Parts 2 and 3 of the Table in paragraph (1) have

effect subject to the following modifications in the case of a party to

30

a marriage whose gender has become the acquired gender under the

Gender Recognition Act 2004 (“the relevant person”).

(2DB)   

Any reference in those provisions to a former wife or former

husband of the relevant person includes (respectively) any former

husband or former wife of the relevant person.

35

(2DC)   

And—

(a)   

the reference in paragraph (2D)(b) to the relevant person’s

son’s mother is to the relevant person’s son’s father if the

relevant person is the son’s mother, and

(b)   

the reference in paragraph (2D)(d) to the relevant person’s

40

daughter’s father is to the relevant person’s daughter’s

mother if the relevant person is the daughter’s father.”

 

 

Gender Recognition Bill [HL]
Schedule 5 — Benefits and pensions
Part 2 — State benefits

28

 

Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15))

9          

The Matrimonial Causes (Northern Ireland) Order 1978 is amended as

follows.

10         

In Article 14 (grounds on which a marriage celebrated after the

commencement of that Article is voidable), insert at the end—

5

“(h)   

that the respondent is a person whose gender at the time of

the marriage had become the acquired gender under the

Gender Recognition Act 2004.”

11         

In Article 16(2), (3) and (4) (bars to relief), for “or (f)” substitute “, (f) or (h)”.

Schedule 5

10

Section 13

 

Benefits and pensions

Part 1

Introductory

1          

This Schedule applies where a full gender recognition certificate is issued to

a person.

15

Part 2

State benefits

Introductory

2     (1)  

In this Part of this Schedule “the 1992 Act” means—

(a)   

in England and Wales and Scotland, the Social Security

20

Contributions and Benefits Act 1992 (c. 4), and

(b)   

in Northern Ireland, the Social Security Contributions and Benefits

(Northern Ireland) Act 1992 (c. 7).

      (2)  

In this Part of this Schedule “the Administration Act” means—

(a)   

in England and Wales and Scotland, the Social Security

25

Administration Act 1992 (c. 5), and

(b)   

in Northern Ireland, the Social Security Administration (Northern

Ireland) Act 1992 (c. 8).

      (3)  

Expressions used in this Part of this Schedule and in Part 2 of the 1992 Act

have the same meaning in this Part of this Schedule as in Part 2 of the 1992

30

Act.

Widowed mother’s allowance

3     (1)  

If (immediately before the certificate is issued) the person is, or but for

section 1 of the Administration Act would be, entitled to a widowed

mother’s allowance under section 37 of the 1992 Act (allowance for woman

35

whose husband died before 9th April 2001)—

(a)   

the person is not entitled to that allowance afterwards, but

 

 

Gender Recognition Bill [HL]
Schedule 5 — Benefits and pensions
Part 2 — State benefits

29

 

(b)   

(instead) subsections (2) to (5) of section 39A of the 1992 Act

(widowed parent’s allowance) apply in relation to the person.

      (2)  

If (immediately before the certificate is issued) the person is (actually)

entitled to a widowed mother’s allowance, the entitlement to widowed

parent’s allowance conferred by sub-paragraph (1) is not subject to section 1

5

of the Administration Act.

Widow’s pension

4          

If (immediately before the certificate is issued) the person is entitled to a

widow’s pension under section 38 of the 1992 Act (pension for woman

whose husband died before 9th April 2001), the person is not entitled to that

10

pension afterwards.

Widowed parent’s allowance

5          

If (immediately before the certificate is issued) the person is, or but for

section 1 of the Administration Act would be, entitled to a widowed parent’s

allowance by virtue of subsection (1)(b) of section 39A of the 1992 Act

15

(allowance for man whose wife died before 9th April 2001), subsections (2)

to (5) of that section continue to apply in relation to the person afterwards.

Long-term incapacity benefit etc.

6          

If (immediately before the certificate is issued) the person is entitled to

incapacity benefit, or a Category A retirement pension, under—

20

(a)   

section 40 of the 1992 Act (long-term incapacity benefit etc. for

woman whose husband died before 9th April 2001), or

(b)   

section 41 of the 1992 Act (long-term incapacity benefit etc. for man

whose wife died before that date),

           

the person is not so entitled afterwards.

25

Category A retirement pension

7     (1)  

Any question—

(a)   

whether the person is entitled to a Category A retirement pension

(under section 44 of the 1992 Act) for any period after the certificate

is issued, and

30

(b)   

(if so) the rate at which the person is so entitled for the period,

           

is to be decided as if the person’s gender had always been the acquired

gender.

      (2)  

Accordingly, if (immediately before the certificate is issued) the person—

(a)   

is a woman entitled to a Category A retirement pension, but

35

(b)   

has not attained the age of 65,

           

the person ceases to be so entitled when it is issued.

      (3)  

And, conversely, if (immediately before the certificate is issued) the

person—

(a)   

is a man who has attained the age at which a woman of the same age

40

attains pensionable age, but

(b)   

has not attained the age of 65,

           

the person is to be treated for the purposes of section 44 of the 1992 Act as

attaining pensionable age when it is issued.

 

 

Gender Recognition Bill [HL]
Schedule 5 — Benefits and pensions
Part 2 — State benefits

30

 

      (4)  

But sub-paragraph (1) does not apply if and to the extent that the decision of

any question to which it refers is affected by—

(a)   

the payment or crediting of contributions, or the crediting of

earnings, in respect of a period ending before the certificate is issued,

or

5

(b)   

preclusion from regular employment by responsibilities at home for

such a period.

      (5)  

Paragraph 10 makes provision about deferment of Category A retirement

pensions.

Category B retirement pension etc.

10

8     (1)  

Any question whether the person is entitled to—

(a)   

a Category B retirement pension (under section 48A, 48B, 48BB or 51

of the 1992 Act), or

(b)   

an increase in a Category A retirement pension under section 51A or

52 of the 1992 Act (increase in Category A retirement pension by

15

reference to amount of Category B retirement pension),

           

for any period after the certificate is issued is (in accordance with section

9(1)) to be decided as if the person’s gender were the acquired gender (but

subject to sub-paragraph (4)).

      (2)  

Accordingly, if (immediately before the certificate is issued) the person is a

20

woman entitled to—

(a)   

a Category B retirement pension, or

(b)   

an increase in a Category A retirement pension under section 51A or

52 of the 1992 Act,

           

the person may cease to be so entitled when it is issued.

25

      (3)  

And, conversely, if (immediately before the certificate is issued) the

person—

(a)   

is a man who has attained the age at which a woman of the same age

attains pensionable age, but

(b)   

has not attained the age of 65,

30

           

the person is to be treated for the purposes of sections 48A, 48B and 48BB of

the 1992 Act as attaining pensionable age when it is issued.

      (4)  

But a person who is a man (immediately before the certificate is issued) is not

entitled to a Category B retirement pension under section 48B of the 1992 Act

for any period after it is issued if the person—

35

(a)   

attains (or has attained) the age of 65 before 6th April 2010, and

(b)   

would not have been entitled to a Category B retirement pension

under section 51 of the 1992 Act for that period if still a man.

      (5)  

Paragraph 10 makes provision about deferment of Category B retirement

pensions.

40

Shared additional pension

9     (1)  

Any question—

(a)   

whether the person is entitled to a shared additional pension (under

section 55A of the 1992 Act) for any period after the certificate is

issued, and

45

(b)   

(if so) the rate at which the person is so entitled for the period,

 

 

Gender Recognition Bill [HL]
Schedule 5 — Benefits and pensions
Part 2 — State benefits

31

 

           

is to be decided on the basis of the person attaining pensionable age on the

same date as someone of the acquired gender (and the same age).

      (2)  

Accordingly, if (immediately before the certificate is issued) the person—

(a)   

is a woman entitled to a shared additional pension, but

(b)   

has not attained the age of 65,

5

           

the person ceases to be so entitled when it is issued.

      (3)  

And, conversely, if (immediately before the certificate is issued) the

person—

(a)   

is a man who has attained the age at which a woman of the same age

attains pensionable age, but

10

(b)   

has not attained the age of 65,

           

the person is to be treated for the purposes of section 55A of the 1992 Act as

attaining pensionable age when it is issued.

      (4)  

Paragraph 10 makes provision about deferment of shared additional

pensions.

15

Deferment of pensions

10    (1)  

The person’s entitlement to—

(a)   

a Category A retirement pension,

(b)   

a Category B retirement pension, or

(c)   

a shared additional pension,

20

           

is not to be taken to have been deferred for any period ending before the

certificate is issued unless the condition in sub-paragraph (2) is satisfied.

      (2)  

The condition is that the entitlement both—

(a)   

was actually deferred during the period, and

(b)   

would have been capable of being so deferred had the person’s

25

gender been the acquired gender.

Category C retirement pension for widows

11         

If (immediately before the certificate is issued) the person is entitled to a

Category C retirement pension under section 78(2) of the 1992 Act, the

person is not entitled to that pension afterwards.

30

Graduated retirement benefit: Great Britain

12    (1)  

The provision that may be made by regulations under paragraph 15 of

Schedule 3 to the Social Security (Consequential Provisions) Act 1992 (c. 6)

(power to retain provisions repealed by Social Security Act 1973 (c. 38), with

or without modification, for transitional purposes) includes provision

35

modifying the preserved graduated retirement benefit provisions in

consequence of this Act.

      (2)  

“The preserved graduated retirement benefit provisions” are the provisions

of the National Insurance Act 1965 (c. 51) relating to graduated retirement

benefit continued in force, with or without modification, by regulations

40

having effect as if made under that paragraph.

 

 

Gender Recognition Bill [HL]
Schedule 5 — Benefits and pensions
Part 3 — Occupational pension schemes

32

 

Graduated retirement benefit: Northern Ireland

13    (1)  

The provision that may be made by regulations under paragraph 15 of

Schedule 3 to the Social Security (Consequential Provisions) (Northern

Ireland) Act 1992 (c. 9) (corresponding power for Northern Ireland) includes

provision modifying the Northern Ireland preserved graduated retirement

5

benefit provisions in consequence of this Act.

      (2)  

“The Northern Ireland preserved graduated retirement benefit provisions”

are the provisions of the National Insurance Act (Northern Ireland) 1966

(1966 c. 6 (N.I.)) relating to graduated retirement benefit continued in force,

with or without modification, by regulations having effect as if made under

10

that paragraph.

Part 3

Occupational pension schemes

Guaranteed minimum pensions etc.: Great Britain

14    (1)  

In this paragraph “the 1993 Act” means the Pension Schemes Act 1993 (c. 48);

15

and expressions used in this paragraph and in that Act have the same

meaning in this paragraph as in that Act.

      (2)  

The fact that the person’s gender has become the acquired gender does not

affect the operation of section 14 of the 1993 Act (guaranteed minimum) in

relation to the person, except to the extent that its operation depends on

20

section 16 of the 1993 Act (revaluation); and sub-paragraphs (3) and (5) have

effect subject to that.

      (3)  

If (immediately before the certificate is issued) the person is a woman who

is entitled to a guaranteed minimum pension but has not attained the age of

65—

25

(a)   

the person is for the purposes of section 13 of the 1993 Act and the

guaranteed minimum pension provisions to be treated after it is

issued as not having attained pensionable age (so that the

entitlement ceases) but as attaining pensionable age on subsequently

attaining the age of 65, and

30

(b)   

in a case where the person’s guaranteed minimum pension has

commenced before the certificate is issued, it is to be treated for the

purposes of Chapter 3 of Part 4 of the 1993 Act (anti-franking) as if it

had not.

      (4)  

But sub-paragraph (3)(a) does not—

35

(a)   

affect any pension previously paid to the person, or

(b)   

prevent section 15 of the 1993 Act (increase of guaranteed minimum

where commencement of guaranteed minimum pension postponed)

operating to increase the person’s guaranteed minimum by reason of

a postponement of the commencement of the person’s guaranteed

40

minimum pension for a period ending before the certificate is issued.

      (5)  

If (immediately before the certificate is issued) the person is a man who—

(a)   

has attained the age of 60, but

(b)   

has not attained the age of 65,

           

the person is to be treated for the purposes of section 13 of the 1993 Act and

45

the guaranteed minimum pension provisions as attaining pensionable age

when it is issued.

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2004
Revised 12 February 2004