Gender Recognition Bill [HL]

House of Lords

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Gender Recognition Bill [HL]

Gender Recognition Bill [HL]
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A
Bill
To
Make provision for and in connection with change of gender.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Applications for gender recognition certificate
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Applications
(1)
A person of either gender who is aged at least 18 may make an application for
a gender recognition certificate on the basis of—
(a)
living in the other gender, or
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(b)
having changed gender under the law of a country or territory outside
the United Kingdom.
(2)
In this Act “the acquired gender”, in relation to a person by whom an
application under subsection (1) is or has been made, means—
(a)
in the case of an application under paragraph (a) of that subsection, the
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gender in which the person is living, or
(b)
in the case of an application under paragraph (b) of that subsection, the
gender to which the person has changed under the law of the country
or territory concerned.
(3)
An application under subsection (1) is to be determined by a Gender
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Recognition Panel.
(4)
Schedule 1 (Gender Recognition Panels) has effect.
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Determination of applications
(1)
In the case of an application under section 1(1)(a), the Panel must grant the
application if satisfied that the applicant—
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(a)
has or has had gender dysphoria,
(b)
has lived in the acquired gender throughout the period of two years
ending with the date on which the application is made,

HL Bill 4 53/3

Gender Recognition Bill [HL]
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(c)
intends to continue to live in the acquired gender until death, and
(d)
complies with the requirements imposed by and under section 3.
(2)
In the case of an application under section 1(1)(b), the Panel must grant the
application if satisfied—
(a)
that the country or territory under the law of which the applicant has
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changed gender is an approved country or territory, and
(b)
that the applicant complies with the requirements imposed by and
under section 3.
(3)
The Panel must reject an application under section 1(1) if not required by
subsection (1) or (2) to grant it.
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(4)
In this Act “approved country or territory” means a country or territory
prescribed by order made by the Secretary of State after consulting the Scottish
Ministers and the Department of Finance and Personnel in Northern Ireland.
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Evidence
(1)
An application under section 1(1)(a) must include either—
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(a)
a report made by a registered medical practitioner practising in the
field of gender dysphoria and a report made by another registered
medical practitioner (who may, but need not, practise in that field), or
(b)
a report made by a chartered psychologist practising in that field and a
report made by a registered medical practitioner (who may, but need
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not, practise in that field).
(2)
But subsection (1) is not complied with unless a report required by that
subsection and made by—
(a)
a registered medical practitioner, or
(b)
a chartered psychologist,
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practising in the field of gender dysphoria includes details of the diagnosis of
the applicant’s gender dysphoria.
(3)
And subsection (1) is not complied with in a case where—
(a)
the applicant has undergone or is undergoing treatment for the
purpose of modifying sexual characteristics, or
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(b)
treatment for that purpose has been prescribed or planned for the
applicant,

unless at least one of the reports required by that subsection includes details of
it.
(4)
An application under section 1(1)(a) must also include a statutory declaration
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by the applicant that the applicant meets the conditions in section 2(1)(b) and
(c).
(5)
An application under section 1(1)(b) must include evidence that the applicant
has changed gender under the law of an approved country or territory.
(6)
Any application under section 1(1) must include—
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(a)
a statutory declaration as to whether or not the applicant is married,
(b)
any other information or evidence required by the Secretary of State,
and
(c)
any other information or evidence which the Panel which is to
determine the application may require,
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Gender Recognition Bill [HL]
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and may include any other information or evidence which the applicant wishes
to include.
(7)
The Secretary of State may not impose a requirement under subsection (6)(b)
without consulting the Scottish Ministers and the Department of Finance and
Personnel in Northern Ireland.
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Successful applications
(1)
If a Gender Recognition Panel grants an application under section 1(1) it must
issue a gender recognition certificate to the applicant.
(2)
Unless the applicant is married, the certificate is to be a full gender recognition
certificate.
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(3)
If the applicant is married, the certificate is to be an interim gender recognition
certificate.
(4)
Schedule 2 (annulment or dissolution of marriage after issue of interim gender
recognition certificate) has effect.
(5)
The Secretary of State may, after consulting the Scottish Ministers and the
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Department of Finance and Personnel in Northern Ireland, specify the content
and form of gender recognition certificates.
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Subsequent issue of full certificates
(1)
A court which—
(a)
makes absolute a decree of nullity granted on the ground that an
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interim gender recognition certificate has been issued to a party to the
marriage, or
(b)
(in Scotland) grants a decree of divorce on that ground,

must, on doing so, issue a full gender recognition certificate to that party and
send a copy to the Secretary of State.
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(2)
If an interim gender recognition certificate has been issued to a person and
either—
(a)
the person’s marriage is dissolved or annulled (otherwise than on the
ground mentioned in subsection (1)) in proceedings instituted during
the period of six months beginning with the day on which it was issued,
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or
(b)
the person’s spouse dies within that period,

the person may make an application for a full gender recognition certificate at
any time within the period specified in subsection (3) (unless the person is
again married).
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(3)
That period is the period of six months beginning with the day on which the
marriage is dissolved or annulled or the death occurs.
(4)
An application under subsection (2) must include evidence of the dissolution
or annulment of the marriage and the date on which proceedings for it were
instituted, or of the death of the spouse and the date on which it occurred.
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(5)
An application under subsection (2) is to be determined by a Gender
Recognition Panel.
(6)
The Panel—

Gender Recognition Bill [HL]
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(a)
must grant the application if satisfied that the applicant is not married,
and
(b)
otherwise must reject it.
(7)
If the Panel grants the application it must issue a full gender recognition
certificate to the applicant.
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Errors in certificates
(1)
Where a gender recognition certificate has been issued to a person, the person
or the Secretary of State may make an application for a corrected certificate on
the ground that the certificate which has been issued contains an error.
(2)
If the certificate was issued by a court the application is to be determined by
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the court but in any other case it is to be determined by a Gender Recognition
Panel.
(3)
The court or Panel—
(a)
must grant the application if satisfied that the gender recognition
certificate contains an error, and
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(b)
otherwise must reject it.
(4)
If the court or Panel grants the application it must issue a corrected gender
recognition certificate to the applicant.
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Applications: supplementary
(1)
An application to a Gender Recognition Panel under section 1(1), 5(2) or 6(1)
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must be made in a form and manner specified by the Secretary of State after
consulting the Scottish Ministers and the Department of Finance and Personnel
in Northern Ireland.
(2)
The applicant must pay to the Secretary of State a non-refundable fee of an
amount specified by the Secretary of State unless the application is made in
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circumstances in which the Secretary of State has determined that no fee is
payable; and fees of different amounts may be specified for different
circumstances.
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Appeals etc.
(1)
An applicant to a Gender Recognition Panel under section 1(1), 5(2) or 6(1) may
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appeal to the High Court or Court of Session on a point of law against a
decision by the Panel to reject the application.
(2)
An appeal under subsection (1) must be heard in private if the applicant so
requests.
(3)
On such an appeal the court must—
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(a)
allow the appeal and issue the certificate applied for,
(b)
allow the appeal and refer the matter to the same or another Panel for
re-consideration, or
(c)
dismiss the appeal.
(4)
If an application under section 1(1) is rejected, the applicant may not make
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another application before the end of the period of six months beginning with
the date on which it is rejected.

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(5)
If an application under section 1(1), 5(2) or 6(1) is granted but the Secretary of
State considers that its grant was secured by fraud, the Secretary of State may
refer the case to the High Court or Court of Session.
(6)
On a reference under subsection (5) the court—
(a)
must either quash or confirm the decision to grant the application, and
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(b)
if it quashes it, must revoke the gender recognition certificate issued on
the grant of the application and may make any order which it considers
appropriate in consequence of, or otherwise in connection with, doing
so.
Consequences of issue of gender recognition certificate etc.
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General
(1)
Where a full gender recognition certificate is issued to a person, the person’s
gender becomes for all purposes the acquired gender (so that, if the acquired
gender is the male gender, the person’s sex becomes that of a man and, if it is
the female gender, the person’s sex becomes that of a woman).
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(2)
Subsection (1) does not affect things done, or events occurring, before the
certificate is issued; but it does operate for the interpretation of enactments
passed, and instruments and other documents made, before the certificate is
issued (as well as those passed or made afterwards).
(3)
Subsection (1) is subject to provision made by this Act or any other enactment
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or any subordinate legislation.
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Registration
(1)
Where there is a UK birth register entry in relation to a person to whom a full
gender recognition certificate is issued, the Secretary of State must send a copy
of the certificate to the appropriate Registrar General.
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(2)
In this Act “UK birth register entry”, in relation to a person to whom a full
gender recognition certificate is issued, means—
(a)
an entry of which a certified copy is kept by a Registrar General, or
(b)
an entry in a register so kept,

containing a record of the person’s birth or adoption (or, if there would
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otherwise be more than one, the most recent).
(3)
“The appropriate Registrar General” means whichever of—
(a)
the Registrar General for England and Wales,
(b)
the Registrar General for Scotland, or
(c)
the Registrar General for Northern Ireland,
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keeps a certified copy of the person’s UK birth register entry or the register
containing that entry.
(4)
Schedule 3 (provisions about registration) has effect.
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Marriage
Schedule 4 (amendments of marriage law) has effect.
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