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

Gender Recognition Bill [HL]


Gender Recognition Bill [HL]

6

 

11      

Marriage

Schedule 4 (amendments of marriage law) has effect.

12      

Parenthood

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.

14      

Discrimination

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

effect.

15      

Succession etc.

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

16      

Peerages etc.

The fact that a person’s gender has become the acquired gender under this

Act—

(a)   

does not affect the descent of any peerage or dignity or title of honour,

and

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

property).

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

without notice.

 

 

Gender Recognition Bill [HL]

7

 

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

of the property.

(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.

19      

Sport

(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

Act.

(2)   

This subsection is satisfied if the prohibition or restriction is necessary to

secure—

(a)   

fair competition, or

30

(b)   

the safety of competitors,

   

at the event or events.

(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).

 

 

Gender Recognition Bill [HL]

8

 

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

activity.

10

(3)   

The conditions are—

(a)   

that the offence may be committed only by a person of a particular

gender, and

(b)   

that the offence may be committed only on, or in relation to, a person of

a particular gender,

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

Kingdom.

(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

female.

(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

United Kingdom,

(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.

 

 

Gender Recognition Bill [HL]

9

 

Supplementary

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

section 5(2) or 6(1), or

(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

acquires it—

(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

voluntary organisation,

(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

prospective 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

relating to a person if—

(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

Northern Ireland,

35

(h)   

the disclosure is made for the purposes of the social security system or

a pension scheme,

(i)   

the disclosure is in accordance with provision made by an order under

subsection (5), or

(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

under this section.

(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.

 

 

Gender Recognition Bill [HL]

10

 

(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,

or

(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

or

(b)   

any description of such persons.

(4)   

In subsection (3)—

   

“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.

 

 

Gender Recognition Bill [HL]

11

 

(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

the Scottish Parliament.

(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.))).

25      

Interpretation

In this Act—

“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

certificate,

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).

26      

Commencement

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—

 

 

Gender Recognition Bill [HL]

12

 

(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

of gender dysphoria.

(2)   

Where the application is based on the applicant having or having had

gender dysphoria—

(a)   

the reference in subsection (1) to a registered medical

20

practitioner is to one practising in the field of gender dysphoria,

and

(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

the applicant,

   

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).

28      

Extent

(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—

(a)   

section 24(5),

(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.

 

 

 
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