Amendments proposed to the Gender Recognition Bill - continued House of Commons

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Application following issue of an interim gender recognition certificate

   

Mr Hugh Bayley
Mr Frank Field

NC2

To move the following Clause:—

    '(1)   The petitioner for annulment or dissolution of a marriage under section 12(g) of the Matrimonial Causes Act 1973 may apply to the Secretary of State for all rights and benefits of the marriage to be maintained if the petitioner and respondent can show to the satisfaction of the Secretary of State that they intend to live together as partners.

    (2)   In this Act a couple "live together as partners" if—

      (a) none of the provisions of sections 1, 11 or 12(a) to 12(f) of the Matrimonial Causes Act 1973 apply;

      (b) the couple live together;

      (c) the couple retain their responsibilities in relation to any existing dependants;

      (d) the couple maintain existing financial support for one another.

    (3)   Two people may live together as partners irrespective of whether they have been legally married.

    (4)   Two people may live together as partners irrespective of whether either of them has been issued with an interim gender recognition certificate or a gender recognition certificate.'.


Retained pension rights

   

Mr Hugh Bayley
Mr Frank Field

NC3

To move the following Clause:—

    '(1)   The Secretary of State may by order make regulations to allow a couple following annulment or dissolution of marriage under the provisions of Schedule 2 of this Act to retain the pension rights and benefits from any private pension scheme of which either party was a pre-existing member at the time of the issue of an interim gender recognition certificate, provided that both parties show that they intend to live together as partners following the divorce and that none of the circumstances provided for sections 1,11 or 12(a) to 12(f) of the Matrimonial Causes Act 1973 apply.

    (2)   For the purposes of subsection (1) above a private pension means—

      (a) an occupational pension scheme,

      (b) a personal pension scheme, or

      (c) a stakeholder pension scheme.'.


Criminal Records Bureau checks

   

Mr Tim Boswell
Mr Andrew Selous

NC4

To move the following Clause:—

       'A certified copy of an entry in the Gender Recognition Register must be made available by the person to whom a gender recognition certificate has been issued to those employers and voluntary organisations whose work with children enforces obligations under the Protection of Children Act 1999 and the Court Services Act 2000 to permit searches against all previous identities of prospective employees and volunteers in order to conform with the requirements of the Criminal Records Bureau; and such persons as are furnished with such a copy shall be bound by section 22 of this Act.'.


Religious bodies

   

Mr Andrew Selous

NC5

To move the following Clause:—

       'Nothing in this Act shall prejudice the rights of individual recognised religious bodies to regulate their procedures and practices in accordance with their ethos and beliefs.'.


NEW SCHEDULES

   

Mr Hugh Bayley
Mr Frank Field

NS1

To move the following Schedule:—

'Retained benefits following issue of interim gender recognition certificate:
living together as partners

     A person who is—

      (a) married, and

      (b) a member of a private pension scheme, and

      (c) has been issued with an interim gender recognition certificate,

       may apply to the court to order that all rights and benefits of the pension scheme should continue to apply following the annulment or dissolution of marriage if the person can satisfy the court that both parties to the existing marriage intend to live together as partners.

     A person who is married to a person who—

      (a) is a member of a private pension scheme, and

      (b) has been issued with an interim gender recognition certificate,

       may apply to the court to order that all rights and benefits of the pension scheme should continue to apply following the annulment or dissolution of marriage if the person can satisfy the court that both parties to the existing marriage intend to live together as partners.

     In this Schedule—

       "private pension scheme" has the same meaning as in section [Retained pension rights](2);

       "court" means the court bearing the petition for divorce.

     In this Act a couple "live together as partners" if—

      (a) none of the provisions of sections 1, 11 or 12(a) to 12(f) of the Matrimonial Causes Act 1973 apply;

      (b) they intend to live together; and

      (c) they intend to retain their responsibilities in relation to any existing dependants.

     Any award made under paragraphs 1 or 2 of this schedule shall be void if the circumstances set out in paragraph 4 cease to apply.

     An appeal against any award made under paragraphs 1 or 2 of this schedule shall be heard by the court.

     An appeal under paragraph 6 must show that the circumstances set out in paragraph 4 cease to apply.

     Any person may show cause why an award under this schedule should not be made by reason of material facts not having been brought before the court; and in such a case the court may—

      (a) notwithstanding anything in paragraphs 5 or 6 above, make the award;

      (b) rescind the award;

      (c) require further inquiry; or

      (d) otherwise deal with the case as it thinks fit.

     An application for an award under this schedule may only be made—

      (a) after the issue of an interim gender recognition certificate; and

      (b) before the issue of a gender recognition certificate.'.


   

Mr Hugh Bayley
Mr Frank Field

NS2

To move the following Schedule:—

'Retained benefits following issue of interim gender recognition certificate:
not living together as partners

     A person—

      (a) who is married to a person who—

      (i) is a member of a private pension scheme, and

      (ii) has been issued with an interim gender recognition certificate, and

      (b) who intends not to live together as a partner with that person, may apply to the court to make an order.

     An order under paragraph 1 above may direct the administrators of the pension scheme that—

      (a) the applicant for the order shall retain no less than 50 per cent. of the combined pension entitlement payable to the couple under the pension scheme following the annulment or dissolution of marriage, or

      (b) that the level of pension entitlement payable to the applicant for the order shall be no less than 50 per cent. of the entitlement that the couple would have received under the pension scheme had they remained married, or

      (c) the total value of the pension entitlement payable to both parties following the annulment or dissolution of marriage shall be no less than that entitlement that the couple would have received under the pension scheme had they remained married.

     In this Schedule—

       "private pension scheme" has the same meaning as in section [Retained pension rights](2);

       "court" means the court hearing the petition for divorce.

     In this Act—

       "not to live together as partners" means—

      (a) any of the provisions of sections 1, 11 or 12(a) to 12(f) of the Matrimonial Causes Act 1973 apply;

      (b) the couple do not intend to live together;

      (c) the couple do not intend to retain their responsibilities in relation to any existing dependants.

     Any award made under paragraph 2 of this schedule shall be void if the circumstances set out in paragraph 4 do not, or cease to apply.

     An appeal against any award made under paragraph 2 of this schedule shall be heard by the court.

     An appeal under paragraph 6 must show that the circumstances set out in paragraph 4 do not, or cease to apply.

     Any person may show cause why an award under this schedule should not be made by reason of material facts not having been brought before the court; and in such a case the court may—

      (a) notwithstanding anything in paragraphs 5 or 6 above, make the award;

      (b) rescind the award;

      (c) require further inquiry; or

      (d) otherwise deal with the case as it thinks fit.

     An application for an award under this schedule may only be made—

      (a) after the issue of an interim gender recognition certificate; and

      (b) before the issue of a gender recognition certificate.'.


ORDER OF THE HOUSE [23rd FEBRUARY 2004]

That the following provisions shall apply to the Gender Recognition Bill [Lords]:

Committal

    1.   The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

    2.   Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on 16th March 2004.

    3.   The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

    4.   Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

    5.   Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on the day on which proceedings on consideration are commenced.

    6.   Sessional Order B (programming committees) made on 28th June 2001 shall not apply to proceedings on consideration and Third Reading.

Other proceedings

    7.   Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further message from the Lords) may be programmed.


 
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