S.C.A.
Amendment Paper as at
Tuesday 16th March 2004
STANDING COMMITTEE A
GENDER RECOGNITION BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [9th March].
Schedule 4
Amendment (42) proposed, in page 26, line 27, leave out from 'clergyman' to 'reasonably' in line 28 and insert 'or any minister of a recognised religious body is not obliged to permit the marriage of a person to be solemnised in the church, chapel or other religious building of which he or she is a minister, if the minister'.—(Mr Andrew Selous.)
Question proposed, That the Amendment be made.
Mr Andrew Selous
43
Schedule 4, page 26, line 34, at end insert—
| '(3) | A registrar of births, marriages and deaths is not obliged to solemnise the marriage of a person if the registrar reasonably believes that the person's gender has become the acquired gender under the Gender Recognitition Act 2004.'. |
Mr Tim Boswell
Mr Andrew Selous
27
Schedule 5, page 28, line 15, at end insert 'provided that it shall be possible for any individual whether or not personally in receipt of a gender recognition certificate, but as a consequence of the issue of such a certificate to any person, to apply to the High Court or Court of Session for an order on the ground of detriment to his present or future income, and the court may, if it is satisfied that it is just to do so, make in relation to any person benefiting such arrangements for the reallocation of income between the interested parties as it may deem appropriate.'.
Lynne Jones
Dr Evan Harris
53
Schedule 5, page 29, line 37, at end insert—
'(2A) But sub-paragraphs (1) and (2) do not apply to a person who was aged not less than 59 years on the date of Royal Assent of this Act and who was a woman immediately before the certificate is issued, and the rights of that person to a Category A retirement pension are to be decided as if the certificate had not been issued.'.
Mr Tim Boswell
Mr Andrew Selous
20
Schedule 5, page 32, line 11, at end insert—
| 13A | In any case where the Secretary of State judges that the ending of an entitlement to state benefit under this Schedule may give rise to hardship or to excessive administrative cost he may provide for the continuing payment of benefit as if the certificate had never been issued.'. |
Lynne Jones
Dr Evan Harris
50
Page 7, line 22, leave out Clause 19.
Dr Evan Harris
72
Clause 21, page 8, line 19, leave out from '(1)' to 'a' in line 22.
Dr Evan Harris
73
Clause 21, page 8, line 42, at end insert—
'(6) Subsections (1) to (5) shall not apply to persons who have had gender recognition under the law of an approved country or territory and who have entered into a foreign post-recognition marriage.'.
Mr Tim Boswell
21
Clause 22, page 9, line 3, leave out 'in an official capacity'.
Mr Tim Boswell
22
Clause 22, page 9, line 15, leave out 'or of a voluntary organisation'.
Lynne Jones
Dr Evan Harris
51
Clause 22, page 9, line 31, at end insert 'where prior application for disclosure has been made to the court or tribunal, the court has ruled that such disclosure is relevant and reasonable.'.
Mr Tim Boswell
23
Clause 22, page 9, line 37, at end insert 'or'.
Mr Andrew Selous
45
Clause 22, page 9, line 37, at end insert—
'( ) the disclosure is made within the context of a recognised religious body for the purpose of maintaining its procedures, practices, ethos and beliefs.'.
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.'.
