|
| |
|
| |
Schedule 4 (amendments of marriage law) has effect. |
| |
| |
The fact that a person’s gender has become the acquired gender under this Act |
| |
does not affect the status of the person as the father or mother of a child. |
| 5 |
13 | Social security benefits and pensions |
| |
Schedule 5 (entitlement to benefits and pensions) has effect. |
| |
| |
Schedule 6 (amendments of Sex Discrimination Act 1975 (c. 65) and Sex |
| |
Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))) has |
| 10 |
| |
| |
The fact that a person’s gender has become the acquired gender under this Act |
| |
does not affect the disposal or devolution of property under a will or other |
| |
instrument made before the appointed day. |
| 15 |
| |
The fact that a person’s gender has become the acquired gender under this |
| |
| |
(a) | does not affect the descent of any peerage or dignity or title of honour, |
| |
| 20 |
(b) | does not affect the devolution of any property limited (expressly or not) |
| |
by a will or other instrument to devolve (as nearly as the law permits) |
| |
along with any peerage or dignity or title of honour unless an intention |
| |
that it should do so is expressed in the will or other instrument. |
| |
17 | Trustees and personal representatives |
| 25 |
(1) | A trustee or personal representative is not under a duty, by virtue of the law |
| |
relating to trusts or the administration of estates, to enquire, before conveying |
| |
or distributing any property, whether a full gender recognition certificate has |
| |
been issued to any person or revoked (if that fact could affect entitlement to the |
| |
| 30 |
(2) | A trustee or personal representative is not liable to any person by reason of a |
| |
conveyance or distribution of the property made without regard to whether a |
| |
full gender recognition certificate has been issued to any person or revoked if |
| |
the trustee or personal representative has not received notice of the fact before |
| |
the conveyance or distribution. |
| 35 |
(3) | This section does not prejudice the right of a person to follow the property, or |
| |
any property representing it, into the hands of another person who has |
| |
received it unless that person has purchased it for value in good faith and |
| |
| |
|
| |
|
| |
|
18 | Orders where expectations defeated |
| |
(1) | This section applies where the disposition or devolution of any property under |
| |
a will or other instrument (made on or after the appointed day) is different |
| |
from what it would be but for the fact that a person’s gender has become the |
| |
acquired gender under this Act. |
| 5 |
(2) | A person may apply to the High Court or Court of Session for an order on the |
| |
ground of being adversely affected by the different disposition or devolution |
| |
| |
(3) | The court may, if it is satisfied that it is just to do so, make in relation to any |
| |
person benefiting from the different disposition or devolution of the property |
| 10 |
such order as it considers appropriate. |
| |
(4) | An order may, in particular, make provision for— |
| |
(a) | the payment of a lump sum to the applicant, |
| |
(b) | the transfer of property to the applicant, |
| |
(c) | the settlement of property for the benefit of the applicant, |
| 15 |
(d) | the acquisition of property and either its transfer to the applicant or its |
| |
settlement for the benefit of the applicant. |
| |
(5) | An order may contain consequential or supplementary provisions for giving |
| |
effect to the order or for ensuring that it operates fairly as between the |
| |
applicant and the other person or persons affected by it; and an order may, in |
| 20 |
particular, confer powers on trustees. |
| |
| |
(1) | A body responsible for regulating the participation of persons as competitors |
| |
in an event or events involving a gender-affected sport may, if subsection (2) is |
| |
satisfied, prohibit or restrict the participation as competitors in the event or |
| 25 |
events of persons whose gender has become the acquired gender under this |
| |
| |
(2) | This subsection is satisfied if the prohibition or restriction is necessary to |
| |
| |
| 30 |
(b) | the safety of competitors, |
| |
| |
(3) | “Sport” means a sport, game or other activity of a competitive nature. |
| |
(4) | A sport is a gender-affected sport if the physical strength, stamina or physique |
| |
of average persons of one gender would put them at a disadvantage to average |
| 35 |
persons of the other gender as competitors in events involving the sport. |
| |
(5) | This section does not affect— |
| |
(a) | section 44 of the Sex Discrimination Act 1975 (c. 65) (exception from |
| |
Parts 2 to 4 of that Act for acts related to sport), or |
| |
(b) | Article 45 of the Sex Discrimination (Northern Ireland) Order 1976 (S.I. |
| 40 |
1976/1042 (N.I. 15)) (corresponding provision for Northern Ireland). |
| |
|
| |
|
| |
|
20 | Gender-specific offences |
| |
(1) | Where (apart from this subsection) a relevant gender-specific offence could be |
| |
committed or attempted only if the gender of a person to whom a full gender |
| |
recognition certificate has been issued were not the acquired gender, the fact |
| |
that the person’s gender has become the acquired gender does not prevent the |
| 5 |
offence being committed or attempted. |
| |
(2) | An offence is a “relevant gender-specific offence” if— |
| |
(a) | either or both of the conditions in subsection (3) are satisfied, and |
| |
(b) | the commission of the offence involves the accused engaging in sexual |
| |
| 10 |
| |
(a) | that the offence may be committed only by a person of a particular |
| |
| |
(b) | that the offence may be committed only on, or in relation to, a person of |
| |
| 15 |
| and the references to a particular gender include a gender identified by |
| |
reference to the gender of the other person involved. |
| |
21 | Foreign gender change and marriage |
| |
(1) | A person’s gender is not to be regarded as having changed by reason only that |
| |
it has changed under the law of a country or territory outside the United |
| 20 |
| |
(2) | Accordingly, a person is not to be regarded as being married by reason of |
| |
having entered into a foreign post-recognition marriage. |
| |
(3) | But if a full gender recognition certificate is issued to a person who has entered |
| |
into a foreign post-recognition marriage, after the issue of the certificate the |
| 25 |
marriage is no longer to be regarded as being void on the ground that (at the |
| |
time when it was entered into) the parties to it were not respectively male and |
| |
| |
(4) | However, subsection (3) does not apply to a foreign post-recognition marriage |
| |
if a party to it has entered into a later (valid) marriage before the issue of the |
| 30 |
full gender recognition certificate. |
| |
(5) | For the purposes of this section a person has entered into a foreign post- |
| |
recognition marriage if (and only if)— |
| |
(a) | the person has entered into a marriage in accordance with the law of a |
| |
country or territory outside the United Kingdom, |
| 35 |
(b) | before the marriage was entered into the person had changed gender |
| |
under the law of that or any other country or territory outside the |
| |
| |
(c) | the other party to the marriage was not of the gender to which the |
| |
person had changed under the law of that country or territory, and |
| 40 |
(d) | by virtue of subsection (1) the person’s gender was not regarded as |
| |
having changed under the law of any part of the United Kingdom. |
| |
|
| |
|
| |
|
| |
22 | Prohibition on disclosure of information |
| |
(1) | It is an offence for a person who has acquired protected information in an |
| |
official capacity to disclose the information to any other person. |
| |
(2) | “Protected information” means information which relates to a person who has |
| 5 |
made an application under section 1(1) and which— |
| |
(a) | concerns that application or any application by the person under |
| |
| |
(b) | if the application under section 1(1) is granted, otherwise concerns the |
| |
person’s gender before it becomes the acquired gender. |
| 10 |
(3) | A person acquires protected information in an official capacity if the person |
| |
| |
(a) | in connection with the person’s functions as a member of the civil |
| |
service, a constable or the holder of any other public office or in |
| |
connection with the functions of a local or public authority or of a |
| 15 |
| |
(b) | as an employer, or prospective employer, of the person to whom the |
| |
information relates or as a person employed by such an employer or |
| |
| |
(c) | in the course of, or otherwise in connection with, the conduct of |
| 20 |
business or the supply of professional services. |
| |
(4) | But it is not an offence under this section to disclose protected information |
| |
| |
(a) | the information does not enable that person to be identified, |
| |
(b) | that person has agreed to the disclosure of the information, |
| 25 |
(c) | the information is protected information by virtue of subsection (2)(b) |
| |
and the person by whom the disclosure is made does not know or |
| |
believe that a full gender recognition certificate has been issued, |
| |
(d) | the disclosure is in accordance with an order of a court or tribunal, |
| |
(e) | the disclosure is for the purpose of instituting, or otherwise for the |
| 30 |
purposes of, proceedings before a court or tribunal, |
| |
(f) | the disclosure is for the purpose of preventing or investigating crime, |
| |
(g) | the disclosure is made to the Registrar General for England and Wales, |
| |
the Registrar General for Scotland or the Registrar General for |
| |
| 35 |
(h) | the disclosure is made for the purposes of the social security system or |
| |
| |
(i) | the disclosure is in accordance with provision made by an order under |
| |
| |
(j) | the disclosure is in accordance with any provision of, or made by virtue |
| 40 |
of, an enactment other than this section. |
| |
(5) | The Secretary of State may by order make provision prescribing circumstances |
| |
in which the disclosure of protected information is not to constitute an offence |
| |
| |
(6) | The power conferred by subsection (5) is exercisable by the Scottish Ministers |
| 45 |
(rather than the Secretary of State) where the provision to be made is within the |
| |
legislative competence of the Scottish Parliament. |
| |
|
| |
|
| |
|
(7) | An order under subsection (5) may make provision permitting— |
| |
(a) | disclosure to specified persons or persons of a specified description, |
| |
(b) | disclosure for specified purposes, |
| |
(c) | disclosure of specified descriptions of information, or |
| |
(d) | disclosure by specified persons or persons of a specified description. |
| 5 |
(8) | A person guilty of an offence under this section is liable on summary |
| |
conviction to a fine not exceeding level 5 on the standard scale. |
| |
23 | Power to modify statutory provisions |
| |
(1) | The Secretary of State may by order make provision for modifying the |
| |
operation of any enactment or subordinate legislation in relation to— |
| 10 |
(a) | persons whose gender has become the acquired gender under this Act, |
| |
| |
(b) | any description of such persons. |
| |
(2) | The power conferred by subsection (1) is exercisable by the Scottish Ministers |
| |
(rather than the Secretary of State) where the provision to be made is within the |
| 15 |
legislative competence of the Scottish Parliament. |
| |
(3) | The appropriate Northern Ireland department may by order make provision |
| |
for modifying the operation of any enactment or subordinate legislation which |
| |
deals with a transferred matter in relation to— |
| |
(a) | persons whose gender has become the acquired gender under this Act, |
| 20 |
| |
(b) | any description of such persons. |
| |
| |
| “the appropriate Northern Ireland department”, in relation to any |
| |
enactment or subordinate legislation which deals with a transferred |
| 25 |
matter, means the Northern Ireland department which has |
| |
responsibility for that matter, |
| |
| “deals with” is to be construed in accordance with section 98(2) and (3) of |
| |
the Northern Ireland Act 1998 (c. 47), and |
| |
| “transferred matter” has the meaning given by section 4(1) of that Act. |
| 30 |
(5) | Before an order is made under this section, appropriate consultation must be |
| |
undertaken with persons likely to be affected by it. |
| |
24 | Orders and regulations |
| |
(1) | Any power of the Secretary of State, the Chancellor of the Exchequer, the |
| |
Scottish Ministers or a Northern Ireland department to make an order under |
| 35 |
this Act includes power to make any appropriate incidental, supplementary, |
| |
consequential or transitional provision or savings. |
| |
(2) | Any power of the Secretary of State, the Chancellor of the Exchequer or the |
| |
Scottish Ministers to make an order under this Act, and any power of the |
| |
Registrar General for England and Wales or the Registrar General for Scotland |
| 40 |
to make regulations under this Act, is exercisable by statutory instrument. |
| |
(3) | No order may be made under section 2 or paragraph 11 of Schedule 3 unless a |
| |
draft of the statutory instrument containing the order has been laid before, and |
| |
approved by a resolution of, each House of Parliament. |
| |
|
| |
|
| |
|
(4) | A statutory instrument containing an order made by the Secretary of State |
| |
under section 7, 22 or 23 is subject to annulment in pursuance of a resolution of |
| |
either House of Parliament. |
| |
(5) | A statutory instrument containing an order made by the Scottish Ministers |
| |
under section 22 or 23 is subject to annulment in pursuance of a resolution of |
| 5 |
| |
(6) | Any power of a Northern Ireland department to make an order or regulations |
| |
under this Act is exercisable by statutory rule for the purposes of the Statutory |
| |
Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). |
| |
(7) | Orders and regulations made by a Northern Ireland department under this Act |
| 10 |
are subject to negative resolution (within the meaning of section 41(6) of the |
| |
Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))). |
| |
| |
| |
| “the acquired gender” is to be construed in accordance with section 1(2), |
| 15 |
| “approved country or territory” has the meaning given by section 2(4), |
| |
| “the appointed day” means the day appointed by order under section 26, |
| |
| “chartered psychologist” means a person for the time being listed in the |
| |
British Psychological Society’s Register of Chartered Psychologists, |
| |
| “enactment” includes an enactment contained in an Act of the Scottish |
| 20 |
Parliament or in any Northern Ireland legislation, |
| |
| “full gender recognition certificate” and “interim gender recognition |
| |
certificate” mean the certificates issued as such under section 4 or 5 and |
| |
“gender recognition certificate” means either of those sorts of |
| |
| 25 |
| “gender dysphoria” means the disorder variously referred to as gender |
| |
dysphoria, gender identity disorder and transsexualism, |
| |
| “Gender Recognition Panel” (and “Panel”) is to be construed in |
| |
accordance with Schedule 1, |
| |
| “subordinate legislation” means an Order in Council, an order, rules, |
| 30 |
regulations, a scheme, a warrant, bye-laws or any other instrument |
| |
made under an enactment, and |
| |
| “UK birth register entry” has the meaning given by section 10(2). |
| |
| |
Apart from sections 23 to 25, this section and sections 28 and 29, this Act does |
| 35 |
not come into force until such day as the Secretary of State may appoint by |
| |
order made after consulting the Scottish Ministers and the Department of |
| |
Finance and Personnel in Northern Ireland. |
| |
27 | Applications within two years of commencement |
| |
(1) | This section applies where applications are made under section 1(1)(a) during |
| 40 |
the period of two years beginning with the appointed day (“the initial period”). |
| |
(2) | Section 2(1)(a) has effect as if there were inserted at the end “or has undergone |
| |
surgical treatment for the purpose of modifying sexual characteristics,”. |
| |
(3) | In the case of an application which— |
| |
|
| |
|
| |
|
(a) | is made during the first six months of the initial period, or |
| |
(b) | is made during the rest of the initial period and is based on the |
| |
applicant having undergone surgical treatment for the purpose of |
| |
modifying sexual characteristics, |
| |
| section 2(1)(b) has effect as if for “two” there were substituted “six”. |
| 5 |
(4) | Subsections (5) and (6) apply in the case of an application to which subsection |
| |
(3) applies and in the case of an application— |
| |
(a) | made during the rest of the initial period, |
| |
(b) | based on the applicant having or having had gender dysphoria, and |
| |
(c) | including a statutory declaration by the applicant that the applicant has |
| 10 |
lived in the acquired gender throughout the period of six years ending |
| |
with the date on which the application is made. |
| |
(5) | Section 3 has effect as if for subsections (1) to (3) there were substituted— |
| |
“(1) | An application under section 1(1)(a) must include either— |
| |
(a) | a report made by a registered medical practitioner, or |
| 15 |
(b) | a report made by a chartered psychologist practising in the field |
| |
| |
(2) | Where the application is based on the applicant having or having had |
| |
| |
(a) | the reference in subsection (1) to a registered medical |
| 20 |
practitioner is to one practising in the field of gender dysphoria, |
| |
| |
(b) | that subsection is not complied with unless the report includes |
| |
details of the diagnosis of the applicant’s gender dysphoria. |
| |
(3) | Subsection (1) is not complied with in a case where— |
| 25 |
(a) | the applicant has undergone or is undergoing treatment for the |
| |
purpose of modifying sexual characteristics, or |
| |
(b) | treatment for that purpose has been prescribed or planned for |
| |
| |
| unless the report required by that subsection includes details of it.” |
| 30 |
(6) | Paragraph 4(2) of Schedule 1 has effect with the omission of paragraph (b). |
| |
| |
(1) | The following provisions extend only to England and Wales— |
| |
(a) | Part 1 of Schedule 2, |
| |
(b) | Part 1 of Schedule 3, and |
| 35 |
(c) | Part 1 of Schedule 4. |
| |
(2) | The following provisions extend only to Scotland— |
| |
| |
(b) | Part 2 of Schedule 2, |
| |
(c) | Part 2 of Schedule 3, and |
| 40 |
(d) | Part 2 of Schedule 4. |
| |
(3) | The following provisions extend only to England and Wales and Scotland— |
| |
(a) | paragraphs 12, 14 and 16 of Schedule 5, and |
| |
(b) | Part 1 of Schedule 6. |
| |
|
| |
|