Gender Recognition Bill [HL]

House of Lords

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Gender Recognition Bill [HL]

Gender Recognition Bill [HL]
Schedule 3 — Registration
Part 1 — England and Wales
17

Schedule 3
Section 10

Registration
Part 1
England and Wales
Introductory
5
1
In this Part—

“the Registrar General” means the Registrar General for England and
Wales, and

“the 1953 Act” means the Births and Deaths Registration Act 1953
(c. 20).
10
Gender Recognition Register
2     (1)
The Registrar General must maintain, in the General Register Office, a
register to be called the Gender Recognition Register.
      (2)
In this Part “the Gender Recognition Register” means the register
maintained under sub-paragraph (1).
15
      (3)
The form in which the Gender Recognition Register is maintained is to be
determined by the Registrar General.
      (4)
The Gender Recognition Register is not to be open to public inspection or
search.
Entries in Gender Recognition Register and marking of existing birth register entries
20
3     (1)
If the Registrar General receives under section 10(1) a copy of a full gender
recognition certificate issued to a person, the Registrar General must—
(a)
make an entry in the Gender Recognition Register containing such
particulars as may be prescribed in relation to the person’s birth and
any other prescribed matter,
25
(b)
secure that the UK birth register entry is marked in such manner as
may be prescribed, and
(c)
make traceable the connection between the entry in the Gender
Recognition Register and the UK birth register entry.
      (2)
Sub-paragraph (1) does not apply if the certificate was issued after an
30
application under section 6(1) and that sub-paragraph has already been
complied with in relation to the person.
      (3)
No certified copy of the UK birth register entry and no short certificate of
birth compiled from that entry is to include anything marked by virtue of
sub-paragraph (1)(b).
35
      (4)
Information kept by the Registrar General for the purposes of sub-
paragraph (1)(c) is not to be open to public inspection or search.
      (5)
“Prescribed” means prescribed by regulations made by the Registrar
General with the approval of the Chancellor of the Exchequer.

Gender Recognition Bill [HL]
Schedule 3 — Registration
Part 1 — England and Wales
18

Indexing of entries in Gender Recognition Register
4     (1)
The Registrar General must make arrangements for each entry made in the
Gender Recognition Register to be included in the relevant index kept in the
General Register Office.
      (2)
Any right to search the relevant index includes the right to search entries
5
included in it by virtue of sub-paragraph (1).
      (3)
Where by virtue of sub-paragraph (1) an index includes entries in the
Gender Recognition Register, the index must not disclose that fact.
      (4)
“The relevant index”, in relation to an entry made in the Gender Recognition
Register in relation to a person, means the index of the certified copies of
10
entries in registers, or of entries in registers, which includes the person’s UK
birth register entry.
Certified copies of entries in Gender Recognition Register
5     (1)
Anyone who may have a certified copy of the UK birth register entry of a
person issued with a full gender recognition certificate may have a certified
15
copy of the entry made in relation to the person in the Gender Recognition
Register.
      (2)
Any fee which would be payable for a certified copy of the person’s UK birth
register entry is payable for a certified copy of the entry made in relation to
the person in the Gender Recognition Register.
20
      (3)
If the person’s UK birth register entry is an entry in the Gender Recognition
Register, sub-paragraph (1) applies as if the person’s UK birth register entry
were the most recent entry within section 10(2)(a) or (b) containing a record
of the person’s birth or adoption which is not an entry in the Gender
Recognition Register.
25
      (4)
A certified copy of an entry in the Gender Recognition Register must not
disclose the fact that the entry is contained in the Gender Recognition
Register.
      (5)
A certified copy of an entry in the Gender Recognition Register must be
sealed or stamped with the seal of the General Register Office.
30
Short certificates of birth compiled from Gender Recognition Register
6
Where a short certificate of birth under section 33 of the 1953 Act is compiled
from the Gender Recognition Register, the certificate must not disclose that
fact.
Gender Recognition Register: re-registration
35
7     (1)
Section 10A of the 1953 Act (re-registration where parents not married)
applies where an entry relating to a person’s birth has been made in the
Gender Recognition Register as where the birth of a child has been
registered under that Act.
      (2)
In its application by virtue of sub-paragraph (1) section 10A has effect—
40
(a)
as if the reference to the registrar in subsection (1) were to the
Registrar General, and
(b)
with the omission of subsection (2).

Gender Recognition Bill [HL]
Schedule 3 — Registration
Part 1 — England and Wales
19

      (3)
Sections 14 and 14A of the 1953 Act (re-registration in cases of legitimation
and after declaration of parentage) apply where an entry relating to a
person’s birth has been made in the Gender Recognition Register as if the
references in those sections to the Registrar General authorising re-
registration of the person’s birth were to the Registrar General’s re-
5
registering it.
Correction etc. of Gender Recognition Register
8     (1)
Any power or duty of the Registrar General or any other person to correct,
alter, amend, mark or cancel the marking of a person’s UK birth register
entry is exercisable, or falls to be performed, by the Registrar General in
10
relation to an entry in the Gender Recognition Register which—
(a)
relates to that person, and
(b)
under paragraph 4(1) is included in the index which includes the
person’s UK birth register entry.
      (2)
If the person’s UK birth register entry is an entry in the Gender Recognition
15
Register, the references in sub-paragraph (1) to the person’s UK birth
register entry are to the most recent entry within section 10(2)(a) or (b)
containing a record of the person’s birth or adoption which is not an entry
in the Gender Recognition Register.
      (3)
The Registrar General may correct the Gender Recognition Register by entry
20
in the margin (without any alteration of the original entry) in consequence
of the issue of a full gender recognition certificate after an application under
section 6(1).
Revocation of gender recognition certificate etc.
9     (1)
This paragraph applies if, after an entry has been made in the Gender
25
Recognition Register in relation to a person, the High Court or the Court of
Session makes an order under section 8(6) quashing the decision to grant the
person’s application under section 1(1) or 5(2).
      (2)
The High Court or the Court of Session must inform the Registrar General.
      (3)
Subject to any appeal, the Registrar General must—
30
(a)
cancel the entry in the Gender Recognition Register, and
(b)
cancel, or secure the cancellation, of any marking of an entry relating
to the person made by virtue of paragraph 3(1)(b).
Evidence
10    (1)
Section 34(5) of the 1953 Act (certified copy of entry in register under that Act
35
deemed to be true copy) applies in relation to the Gender Recognition
Register as if it were a register under that Act.
      (2)
A certified copy of an entry made in the Gender Recognition Register in
relation to a person is to be received, without further or other proof, as
evidence—
40
(a)
if the relevant index is the index of the Adopted Children Register, of
the matters of which a certified copy of an entry in that Register is
evidence,

Gender Recognition Bill [HL]
Schedule 3 — Registration
Part 2 — Scotland
20

(b)
if the relevant index is the index of the Parental Order Register, of the
matters of which a certified copy of an entry in that Register is
evidence, and
(c)
otherwise, of the person’s birth.
      (3)
And any certified copy which is receivable in evidence of any matter in
5
Northern Ireland by virtue of paragraph 31(2)(a) or (b) of this Schedule is
also receivable as evidence of that matter in England and Wales.
Regulatory reform
11
An order under section 1 of the Regulatory Reform Act 2001 (c. 6) (power by
order to make provision reforming law which imposes burdens) may reform
10
the law contained in this Part of this Schedule even if—
(a)
the order is made less than two years after this Act is passed, and
(b)
no proposals about this Part have been consulted on under section 5,
or included in a document laid before Parliament under section 6, of
that Act.
15
Part 2
Scotland
Introductory
12
In this Part—

“the Registrar General” means the Registrar General for Scotland, and
20

“the 1965 Act” means the Registration of Births, Deaths and Marriages
(Scotland) Act 1965 (c. 49).
Gender Recognition Register
13    (1)
The Registrar General must maintain, in the General Register Office of
Births, Deaths and Marriages in Scotland, a register to be called the Gender
25
Recognition Register.
      (2)
In this Part “the Gender Recognition Register” means the register
maintained under sub-paragraph (1).
      (3)
The form in which the Gender Recognition Register is maintained is to be
determined by the Registrar General.
30
      (4)
The Gender Recognition Register is not to be open to public inspection or
search.
Entries in Gender Recognition Register
14    (1)
If the Registrar General receives under section 10(1) a copy of a full gender
recognition certificate issued to a person, the Registrar General must—
35
(a)
make an entry in the Gender Recognition Register containing such
particulars as may be prescribed in relation to the person’s birth and
any other prescribed matter, and
(b)
otherwise than by annotating in any way the birth register, make
traceable the connection between the UK birth register entry and the
40
entry in the Gender Recognition Register.

Gender Recognition Bill [HL]
Schedule 3 — Registration
Part 2 — Scotland
21

      (2)
Sub-paragraph (1) does not apply if the gender recognition certificate was
issued after an application under section 6(1) and that sub-paragraph has
already been complied with in relation to the person.
      (3)
Information kept by the Registrar General for the purposes of sub-
paragraph (1)(b) is not to be open to public inspection or search.
5
      (4)
“Prescribed” means prescribed by regulations made by the Registrar
General with the approval of the Scottish Ministers.
Indexing of entries in Gender Recognition Register
15    (1)
The Registrar General must make arrangements for each entry made in the
Gender Recognition Register to be included in an index of such entries kept
10
in the General Register Office of Births, Deaths and Marriages in Scotland.
      (2)
Whenever the Registrar General causes a search to be made under
subsection (2)(a) of section 38 of the 1965 Act (search of indexes of entries in
the registers of births, deaths and marriages) on behalf of any person, he
must also, without payment of any fee additional to the fee or fees
15
prescribed under that section—
(a)
cause a search to be made of the index of entries in the Gender
Recognition Register on behalf of that person, and
(b)
issue to that person an extract of any such entry provided that
(disregarding, for the purposes of subsection (4)(j) of section 21, this
20
paragraph) disclosure of the entry to the person would not constitute
an offence under that section.
Extracts of entries in Gender Recognition Register
16    (1)
This paragraph applies in respect of an extract issued under paragraph
15(2)(b).
25
      (2)
Except as regards the sex and name of the person to whom it relates, the
extract must have the form and content it would have had had it been an
extract from the register of births of the entry relating to that person.
      (3)
The extract must not disclose the fact that the entry is contained in the
Gender Recognition Register.
30
Abbreviated certificates of birth compiled from Gender Recognition Register
17
Where an abbreviated certificate of birth under section 40 of the 1965 Act is
compiled from the Gender Recognition Register, the certificate must not
disclose that fact.
Gender Recognition Register: correction, re-registration etc.
35
18
Section 18A(2) (decrees of parentage and non-parentage), section 20(1) and
(3) (re-registration in certain cases), section 42(1) and (5) (correction of
errors), section 43(1), (2) and (5) to (9) (recording change of name or
surname) and section 44 (Register of Corrections etc.) of the 1965 Act apply
in relation to the Gender Recognition Register as they apply in relation to the
40
register of births.

Gender Recognition Bill [HL]
Schedule 3 — Registration
Part 3 — Northern Ireland
22

Revocation of gender recognition certificate etc.
19    (1)
This paragraph applies if, after an entry has been made in the Gender
Recognition Register in relation to a person, the High Court or the Court of
Session makes an order under section 8(6) quashing the decision to grant the
person’s application under section 1(1) or 5(2).
5
      (2)
The High Court or the Court of Session must inform the Registrar General.
      (3)
Subject to any appeal, the Registrar General must cancel the entry in the
Gender Recognition Register.
Authentication and admissibility
20
Section 41 of the 1965 Act (authentication of extracts etc. and their
10
admissibility as evidence) applies in relation to the Gender Recognition
Register as in relation to the registers kept under the provisions of that Act.
Part 3
Northern Ireland
Introductory
15
21
In this Part—

“the Registrar General” means the Registrar General for Northern
Ireland, and

“the 1976 Order” means the Births and Deaths Registration (Northern
Ireland) Order 1976 (S.I. 1976/1041 ( N.I. 14)).
20
Gender Recognition Register
22    (1)
The Registrar General must maintain, in the General Register Office in
Northern Ireland, a register to be called the Gender Recognition Register.
      (2)
In this Part “the Gender Recognition Register” means the register
maintained under sub-paragraph (1).
25
      (3)
The form in which the Gender Recognition Register is maintained is to be
determined by the Registrar General.
      (4)
The Gender Recognition Register is not to be open to public inspection or
search.
Entries in Gender Recognition Register and marking of existing birth register entries
30
23    (1)
If the Registrar General receives under section 10(1) a copy of a full gender
recognition certificate issued to a person, the Registrar General must—
(a)
make an entry in the Gender Recognition Register containing such
particulars as may be prescribed in relation to the person’s birth and
any other prescribed matter,
35
(b)
secure that the UK birth register entry is marked in such manner as
may be prescribed, and
(c)
make traceable the connection between the entry in the Gender
Recognition Register and the UK birth register entry.

Gender Recognition Bill [HL]
Schedule 3 — Registration
Part 3 — Northern Ireland
23

      (2)
Sub-paragraph (1) does not apply if the gender recognition certificate was
issued after an application under section 6(1) and that sub-paragraph has
already been complied with in relation to the person.
      (3)
No certified copy of the UK birth register entry and no short certificate of
birth compiled from that entry is to include anything marked by virtue of
5
sub-paragraph (1)(b).
      (4)
Information kept by the Registrar General for the purposes of sub-
paragraph (1)(c) is not to be open to public inspection or search.
      (5)
“Prescribed” means prescribed by regulations made by the Department of
Finance and Personnel.
10
Indexing of entries in Gender Recognition Register
24    (1)
The Registrar General must make arrangements for each entry made in the
Gender Recognition Register to be included in the relevant index kept in the
General Register Office in Northern Ireland.
      (2)
Any right to search the relevant index includes the right to search entries
15
included in it by virtue of sub-paragraph (1).
      (3)
Where by virtue of sub-paragraph (1) an index includes entries in the
Gender Recognition Register, the index must not disclose that fact.
      (4)
“The relevant index”, in relation to an entry made in the Gender Recognition
Register in relation to a person, means the index of the entries in registers
20
which includes the UK birth register entry.
Certified copies of entries in Gender Recognition Register
25    (1)
Anyone who may have a certified copy of the UK birth register entry of a
person issued with a full gender recognition certificate may have a certified
copy of the entry made in relation to the person in the Gender Recognition
25
Register.
      (2)
Any fee which would be payable for a certified copy of the person’s UK birth
register entry is payable for a certified copy of the entry made in relation to
the person in the Gender Recognition Register.
      (3)
If the person’s UK birth register entry is an entry in the Gender Recognition
30
Register, sub-paragraph (1) applies as if the person’s UK birth register entry
were the most recent entry within section 10(2)(a) or (b) containing a record
of the person’s birth or adoption which is not an entry in the Gender
Recognition Register.
      (4)
A certified copy of an entry in the Gender Recognition Register must not
35
disclose the fact that the entry is contained in the Gender Recognition
Register.
      (5)
A certified copy of an entry in the Gender Recognition Register must be
sealed or stamped with the seal of the General Register Office in Northern
Ireland.
40
Short certificates of birth compiled from Gender Recognition Register
26
Where a short certificate of birth under Article 40 of the 1976 Order is
compiled from the Gender Recognition Register, the certificate must not
disclose that fact.