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

back to previous text
   

Mr Tim Boswell

24

Clause     22,     page     9,     line     39,     leave out from '(5)' to end of line 41.


   

Mr Hugh Bayley
Mr Frank Field

32

Clause     25,     page     11,     line     29,     at end insert—

       '"live together as partners" means—

      (a) none of the provision 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; and

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

   

Mr Hugh Bayley
Mr Frank Field

33

Clause     25,     page     11,     line     29,     at end insert—

    '( )   Two people may live together as partners irrespective of whether—

      (a) they have been or remain for the time being legally married, or

      (b) either of them has been issued with an interim gender recognition certificate or a gender recognition certificate.'.


   

Mr Tim Boswell

25

Clause     26,     page     11,     line     38,     at end add '; but the Secretary of State shall not make such an order until he is satisfied that legislation has been enacted to introduce civil partnerships for those persons whose marriage has been annulled by this Act and that such legislation is in force'.


   

Mr Andrew Selous

36

Clause     27,     page     12,     leave out lines 15 to 17 and insert—

      '(a) a report made by a registered medical practitioner recognised as currently practising in the field of gender dysphoria in the United Kingdom, and

      (b) a report by a registered medical practitioner who has an entry in the specialist register held by the General Medical Council which confers their eligibility to practise as a consultant psychiatrist within the National Health Service.'.

   

Mr Andrew Selous

37

Clause     27,     page     12,     line     20,     leave out paragraph (a) and insert—

      '(a) the reference in subsection (1) to a registered medical practitioner is to one recognised as currently practising in the field of gender dysphoria in the United Kingdom.'.


   

Mr David Lammy

70

Clause     29,     page     13,     line     13,     leave out subsection (2).


NEW CLAUSES

Marriage between transsexual persons

   

Mr Tim Boswell

NC1

To move the following Clause:—

    '(1) This section shall have effect in connection with marriages between two persons both of whom have applied for and received a gender recognition certificate under section 4 (3) of this Act.

    (2) Both parties to a marriage who have received a certificate under subsection (1) of this section may make a joint application to the Registrar-General for that part of the United Kingdom who holds their record of marriage, or in the case of a marriage conducted under the law of another country, that part of the United Kingdom where they currently reside, for—

            (a)   the issue of a full gender recognition certificate to each of the parties severally, and

            (b)   the issue of a modified certificate of marriage differing only from the original in respect of the gender of each party to that marriage, and any consequential modifications of name having regard to the gender change.

    (3) The Registrar-General may request such additional information as he requires to satisfy himself that the marriage is valid and continuing; and shall make such arrangements for the recording of the issue of a modified certificate of marriage as may be appropriate, having regard to section 22 of this Act.

    (4) Nothing done under this section shall be deemed to affect things done or events occurring before the issuance of certificates under subsection (2) above, nor anything under the marriage laws of the several parts of the United Kingdom.'.


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.'.


Changing and washing facilities

   

Mr Andrew Selous

NC6

To move the following Clause:—

       'Nothing in this Act shall prejudice the rights of the management of facilities where there are gender specific changing and washing areas, such as showers and public baths, to regulate their procedures as they see fit, providing reasonable provision is made for transsexuals.'.


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.'.

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page Search page Enquiries index

©Parliamentary copyright 2004
Prepared 11 Mar 2004