Amendments proposed to the Gender Recognition Bill [Lords] - continued | House of Commons |
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Mr Tim Boswell 24 Clause 22, page 9, line 39, leave out from '(5)' to end of line 41.
Mr Hugh Bayley 32 Clause 25, page 11, line 29, at end insert'"live together as partners" means
Mr Hugh Bayley 33 Clause 25, page 11, line 29, at end insert'( ) Two people may live together as partners irrespective of whether
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
Mr Andrew Selous 37 Clause 27, page 12, line 20, leave out paragraph (a) and insert
Mr David Lammy 70 Clause 29, page 13, line 13, leave out subsection (2).
NEW CLAUSESMarriage between transsexual persons
Mr Tim Boswell NC1 To move the following Clause:
Application following issue of an interim gender recognition certificate
Mr Hugh Bayley 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
(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 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
Criminal Records Bureau checks
Mr Tim Boswell 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 NS1 To move the following Schedule:
'Retained benefits following issue of interim gender recognition certificate:
|
1 | 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, |
2 | 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, |
3 | 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. |
4 | 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. |
5 | 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. |
6 | An appeal against any award made under paragraphs 1 or 2 of this schedule shall be heard by the court. |
7 | An appeal under paragraph 6 must show that the circumstances set out in paragraph 4 cease to apply. |
8 | 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. |
9 | 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.'. |
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©Parliamentary copyright 2004 | Prepared 11 Mar 2004 |