Gender Recognition Bill [HL]

House of Lords

Session 2003 - 04
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Other Bills before Parliament

Gender Recognition Bill [HL]

Gender Recognition Bill [HL]
11

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Commencement
Apart from sections 22 to 24, this section and sections 27 and 28, this Act does
not come into force until such day as the Secretary of State may appoint by
order made after consulting the Scottish Ministers and the Department of
Finance and Personnel in Northern Ireland.
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Applications within six months of commencement
(1)
This section applies in the case of any application under section 1(1)(a) made
during the period of six months beginning with the appointed day.
(2)
Section 2 has effect as if for paragraphs (a) and (b) of subsection (1) there were
substituted—
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“(a)
either has or has had gender dysphoria, or has undergone
surgical treatment for the purpose of modifying sexual
characteristics,
(b)
has lived in the acquired gender throughout the period of six
years ending with the date on which the application is made,”.
15
(3)
Section 3 has effect as if for subsections (1) to (3) there were substituted—
“(1)
An application under section 1(1)(a) must include either—
(a)
a report made by a registered medical practitioner, or
(b)
a report made by a chartered psychologist practising in the field
of gender dysphoria.
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(2)
Where the application is based on the applicant having or having had
gender dysphoria—
(a)
the reference in subsection (1) to a registered medical
practitioner is to one practising in the field of gender dysphoria,
and
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(b)
that subsection is not complied with unless the report includes
details of the diagnosis of the applicant’s gender dysphoria.
(3)
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 the report required by that subsection includes details of it.”
(4)
Paragraph 4(2) of Schedule 1 has effect with the omission of paragraph (b).
27
Extent
35
(1)
The following provisions extend only to England and Wales—
(a)
Part 1 of Schedule 2,
(b)
Part 1 of Schedule 3, and
(c)
Part 1 of Schedule 4.
(2)
The following provisions extend only to Scotland—
40
(a)
section 19,
(b)
section 23(4),
(c)
Part 2 of Schedule 2,

Gender Recognition Bill [HL]
12

(d)
Part 2 of Schedule 3, and
(e)
Part 2 of Schedule 4.
(3)
The following provisions extend only to England and Wales and Scotland—
(a)
paragraphs 12, 14 and 16 of Schedule 5, and
(b)
Part 1 of Schedule 6.
5
(4)
The following provisions extend only to Northern Ireland—
(a)
section 22(3) and (4),
(b)
section 23(5) and (6),
(c)
Part 3 of Schedule 2,
(d)
Part 3 of Schedule 3,
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(e)
Part 3 of Schedule 4,
(f)
paragraphs 13, 15 and 17 of Schedule 5, and
(g)
Part 2 of Schedule 6.
(5)
Subject to subsections (1) to (4), this Act extends to Northern Ireland (as well as
to England and Wales and Scotland).
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28
Short title
This Act may be cited as the Gender Recognition Act 2004.

Gender Recognition Bill [HL]
Schedule 1 — Gender Recognition Panels
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Schedules
Schedule 1
Section 1

Gender Recognition Panels
List of persons eligible to sit
1     (1)
The Lord Chancellor must, after consulting the Scottish Ministers and the
5
Department of Finance and Personnel in Northern Ireland, make
appointments to a list of persons eligible to sit as members of Gender
Recognition Panels.
      (2)
The only persons who may be appointed to the list are persons who—
(a)
have a relevant legal qualification (“legal members”), or
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(b)
are registered medical practitioners or chartered psychologists
(“medical members”).
      (3)
The following have a relevant legal qualification—
(a)
a person who has a 7 year general qualification within the meaning
of section 71 of the Courts and Legal Services Act 1990 (c. 41),
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(b)
an advocate or solicitor in Scotland of at least seven years’ standing,
and
(c)
a member of the Bar of Northern Ireland or solicitor of the Supreme
Court of Northern Ireland of at least seven years’ standing.
President
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2     (1)
The Lord Chancellor must, after consulting the Scottish Ministers and the
Department of Finance and Personnel in Northern Ireland—
(a)
appoint one of the legal members to be the President of Gender
Recognition Panels (“the President”), and
(b)
appoint another of the legal members to be the Deputy President of
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Gender Recognition Panels (“the Deputy President”).
      (2)
The Deputy President has the functions of the President—
(a)
if the President is unavailable, and
(b)
during any vacancy in the office of President.
Tenure of persons appointed to list
30
3
Persons on the list—
(a)
hold and vacate their appointments in accordance with the terms on
which they are appointed, and
(b)
are eligible for re-appointment at the end of their period of
appointment.
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Gender Recognition Bill [HL]
Schedule 1 — Gender Recognition Panels
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Membership of Panels
4     (1)
The President must make arrangements for determining the membership of
Panels.
      (2)
The arrangements must ensure that a Panel determining an application
under section 1(1)(a) includes—
5
(a)
at least one legal member, and
(b)
at least one medical member.
5
The arrangements must ensure that a Panel determining an application
under section 1(1)(b), 5(2) or 6(1) includes at least one legal member.
Procedure
10
6     (1)
Where a Panel consists of more than one member, either the President or
Deputy President or another legal member nominated by the President must
preside.
      (2)
Decisions of a Panel consisting of more than one member may be taken by
majority vote (and, if its members are evenly split, the member presiding has
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a casting vote).
      (3)
Panels are to determine applications in private.
      (4)
A Panel must determine an application without a hearing unless the Panel
considers that a hearing is necessary.
      (5)
The President may, after consulting the Council on Tribunals, give
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directions about the practice and procedure of Panels.
      (6)
Panels must give reasons for their decisions.
      (7)
Where a Panel has determined an application, the Secretary of State must
communicate to the applicant the Panel’s decision and its reasons for
making its decision.
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Staff and facilities
7
The Secretary of State may make staff and other facilities available to Panels.
Money
8     (1)
The Secretary of State may pay sums by way of remuneration, allowances
and expenses to members of Panels.
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      (2)
The Secretary of State may pay compensation to a person who ceases to be
on the list if the Secretary of State thinks it appropriate to do so because of
special circumstances.
Disqualification
9
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
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(c. 24) (offices disqualifying person from membership of House of
Commons), at the appropriate place insert—

“Person on the list of those eligible to sit as members of a Gender
Recognition Panel.”

Gender Recognition Bill [HL]
Schedule 2 — Interim certificates: marriage
Part 2 — Scotland
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10
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (c. 25) (offices disqualifying persons from membership of Northern
Ireland Assembly), at the appropriate place insert—

“Person on the list of those eligible to sit as members of a Gender
Recognition Panel.”
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Schedule 2
Section 4

Interim certificates: marriage
Part 1
England and Wales
1
The Matrimonial Causes Act 1973 (c. 18) is amended as follows.
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2
In section 12 (grounds on which a marriage celebrated after 31st July 1971 is
voidable), after paragraph (f) insert—
“(g)
that an interim gender recognition certificate under the
Gender Recognition Act 2004 has, after the time of the
marriage, been issued to either party to the marriage;”.
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3
In section 13 (bars to relief), after subsection (2) insert—
“(2A)
Without prejudice to subsection (1) above, the court shall not grant a
decree of nullity by virtue of section 12 above on the ground
mentioned in paragraph (g) of that section unless it is satisfied that
proceedings were instituted within the period of six months from the
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date of issue of the interim gender recognition certificate.”
4     (1)
Paragraph 11 of Schedule 1 (grounds on which a marriage celebrated before
1st August 1971 is voidable) is amended as follows.
      (2)
In sub-paragraph (1), after paragraph (d) insert “or
(e)
that an interim gender recognition certificate under the
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Gender Recognition Act 2004 has been issued to either
party to the marriage;”.
      (3)
After sub-paragraph (3) insert—
“(3A)
The court shall not grant a decree of nullity in a case falling within
sub-paragraph (1)(e) above unless it is satisfied that proceedings
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were instituted within six months from the date of issue of the
interim gender recognition certificate.”
Part 2
Scotland
5
The Divorce (Scotland) Act 1976 (c. 39) is amended as follows.
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6     (1)
In subsection (1) of section 1 (grounds on which decree of divorce may be
granted)—
(a)
the words “the marriage has broken down irretrievably” become
paragraph (a), and

Gender Recognition Bill [HL]
Schedule 2 — Interim certificates: marriage
Part 3 — Northern Ireland
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(b)
after that paragraph insert “or
(b)
an interim gender recognition certificate under the
Gender Recognition Act 2004 has, after the date of the
marriage, been issued to either party to the marriage.”
      (2)
Accordingly, the title of that section becomes “Grounds of divorce”.
5
7
In section 2(1) (encouragement of reconciliation), for “in an action for
divorce” substitute “under paragraph (a) of section 1(1)”.
Part 3
Northern Ireland
8
The Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I.
10
15)) is amended as follows.
9
In Article 14 (grounds on which a marriage celebrated after the
commencement of that Article is voidable), after paragraph (f) insert—
“(g)
that an interim gender recognition certificate under the
Gender Recognition Act 2004 has, after the time of the
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marriage, been issued to either party to the marriage;”.
10
In Article 16 (bars to relief), after paragraph (2) insert—
“(2A)
Without prejudice to paragraph (1), the court shall not grant a decree
of nullity by virtue of Article 14 on the ground mentioned in
paragraph (g) of that Article unless it is satisfied that proceedings
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were instituted within the period of six months from the date of issue
of the interim gender recognition certificate.”
11    (1)
Paragraph 18 of Schedule 3 (grounds on which a marriage celebrated before
the commencement of Article 14 is voidable) is amended as follows.
      (2)
In sub-paragraph (1), after paragraph (d) insert “or
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(e)
that an interim gender recognition certificate under the
Gender Recognition Act 2004 has been issued to either
party to the marriage;”.
      (3)
After sub-paragraph (4) insert—
“(4A)
The court shall not grant a decree of nullity in a case falling within
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sub-paragraph (1)(e) unless it is satisfied that proceedings were
instituted within six months from the date of issue of the interim
gender recognition certificate.”