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]
Schedule 3 — Registration
Part 3 — Northern Ireland
24

Gender Recognition Register: re-registration
27
Articles 18, 19 and 19A of the 1976 Order (re-registration of births) apply
where an entry relating to a person’s birth has been made in the Gender
Recognition Register as if the references in those Articles to the Registrar
General authorising re-registration of the person’s birth were to the
5
Registrar General’s re-registering it.
Correction of errors in Gender Recognition Register
28    (1)
Any power or duty of the Registrar General 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 relation to an entry in the
10
Gender Recognition Register which—
(a)
relates to that person, and
(b)
under paragraph 24(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.
29    (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 23(1)(b).
Change of name
30
Paragraphs (4) to (6) of Article 37 of the 1976 Order (change of name) apply
35
in relation to the Gender Recognition Register as they apply in relation to a
register under that Order.
Evidence
31    (1)
Article 42 of the 1976 Order (proof of age or death) applies in relation to the
Gender Recognition Register as it applies in relation to a register under that
40
Order.

Gender Recognition Bill [HL]
Schedule 4 — Effect on marriage
Part 1 — England and Wales
25

      (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—
(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
5
evidence,
(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.
10
      (3)
And any certified copy which is receivable in evidence of any matter in
England and Wales by virtue of paragraph 10(2)(a) or (b) of this Schedule is
also receivable as evidence of that matter in Northern Ireland.
Fees
32
Article 47 of the 1976 Order (fees for searches, certificates etc.) applies in
15
relation to the Gender Recognition Register as it applies in relation to a
register under that Order.
Schedule 4
Section 11

Effect on marriage
Part 1
20
England and Wales
Marriage Act 1949 (c. 76)
1
The Marriage Act 1949 is amended as follows.
2
In section 1 (restrictions on marriage), insert at the end—
“(6)
Subsection (5) of this section and Parts 2 and 3 of the First Schedule
25
to this Act have effect subject to the following modifications in the
case of a party to a marriage whose gender has become the acquired
gender under the Gender Recognition Act 2004 (“the relevant
person”).
(7)
Any reference in those provisions to a former wife or former
30
husband of the relevant person includes (respectively) any former
husband or former wife of the relevant person.
(8)
And—
(a)
the reference in paragraph (b) of subsection (5) of this section
to the relevant person’s son’s mother is to the relevant
35
person’s son’s father if the relevant person is the son’s
mother; and
(b)
the reference in paragraph (d) of that subsection to the
relevant person’s daughter’s father is to the relevant person’s

Gender Recognition Bill [HL]
Schedule 4 — Effect on marriage
Part 2 — Scotland
26

daughter’s mother if the relevant person is the daughter’s
father.”
3
After section 5A insert—
“5B
Marriages involving person of acquired gender
(1)
No clergyman is obliged to solemnise the marriage of a person
5
whose gender has become the acquired gender under the Gender
Recognition Act 2004.
(2)
No clerk in Holy Orders of the Church in Wales is obliged to permit
the marriage of such a person to be solemnised in the church or
chapel of which the clerk is the minister.”
10
Matrimonial Causes Act 1973 (c. 18)
4
The Matrimonial Causes Act 1973 is amended as follows.
5
In section 12 (grounds on which a marriage celebrated after 31st July 1971 is
voidable), insert at the end—
“(h)
that the respondent is a person whose gender at the time of
15
the marriage had become the acquired gender under the
Gender Recognition Act 2004.”
6
In section 13(2), (3) and (4) (bars to relief), for “or (f)” substitute “, (f) or (h)”.
Part 2
Scotland
20
Marriage (Scotland) Act 1977 (c. 15)
7
In section 2 of the Marriage (Scotland) Act 1977 (marriage of related
persons), insert at the end—
“(6)
Subsections (1A) and (1B) above and paragraphs 2 and 2A of
Schedule 1 to this Act have effect subject to the following
25
modifications in the case of a party to a marriage whose gender has
become the acquired gender under the Gender Recognition Act 2004
(“the relevant person”).
(7)
Any reference in those provisions to a former wife or former
husband of the relevant person includes (respectively) any former
30
husband or former wife of the relevant person.
(8)
And—
(a)
the reference in paragraph (b) of subsection (1B) above to the
relevant person’s son’s mother is to the relevant person’s
son’s father if the relevant person is the son’s mother; and
35
(b)
the reference in paragraph (d) of that subsection to the
relevant person’s daughter’s father is to the relevant person’s
daughter’s mother if the relevant person is the daughter’s
father.”

Gender Recognition Bill [HL]
Schedule 5 — Benefits and pensions
Part 1 — Introductory
27

Part 3
Northern Ireland
Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 (S.I. 1984/1984 (N.I.
14))
8
In Article 18 of the Family Law (Miscellaneous Provisions) (Northern
5
Ireland) Order 1984 (restrictions on marriage), after paragraph (2D) insert—
“(2DA)
Paragraph (2D) and Parts 2 and 3 of the Table in paragraph (1) have
effect subject to the following modifications in the case of a party to
a marriage whose gender has become the acquired gender under the
Gender Recognition Act 2004 (“the relevant person”).
10
(2DB)
Any reference in those provisions to a former wife or former
husband of the relevant person includes (respectively) any former
husband or former wife of the relevant person.
(2DC)
And—
(a)
the reference in paragraph (2D)(b) to the relevant person’s
15
son’s mother is to the relevant person’s son’s father if the
relevant person is the son’s mother, and
(b)
the reference in paragraph (2D)(d) to the relevant person’s
daughter’s father is to the relevant person’s daughter’s
mother if the relevant person is the daughter’s father.”
20
Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15))
9
The Matrimonial Causes (Northern Ireland) Order 1978 is amended as
follows.
10
In Article 14 (grounds on which a marriage celebrated after the
commencement of that Article is voidable), insert at the end—
25
“(h)
that the respondent is a person whose gender at the time of
the marriage had become the acquired gender under the
Gender Recognition Act 2004.”
11
In Article 16(2), (3) and (4) (bars to relief), for “or (f)” substitute “, (f) or (h)”.
Schedule 5
30
Section 13

Benefits and pensions
Part 1
Introductory
1
This Schedule applies where a full gender recognition certificate is issued to
a person.
35

Gender Recognition Bill [HL]
Schedule 5 — Benefits and pensions
Part 2 — State benefits
28

Part 2
State benefits
Introductory
2     (1)
In this Part of this Schedule “the 1992 Act” means—
(a)
in England and Wales and Scotland, the Social Security
5
Contributions and Benefits Act 1992 (c. 4), and
(b)
in Northern Ireland, the Social Security Contributions and Benefits
(Northern Ireland) Act 1992 (c. 7).
      (2)
In this Part of this Schedule “the Administration Act” means—
(a)
in England and Wales and Scotland, the Social Security
10
Administration Act 1992 (c. 5), and
(b)
in Northern Ireland, the Social Security Administration (Northern
Ireland) Act 1992 (c. 8).
      (3)
Expressions used in this Part of this Schedule and in Part 2 of the 1992 Act
have the same meaning in this Part of this Schedule as in Part 2 of the 1992
15
Act.
Widowed mother’s allowance
3     (1)
If (immediately before the certificate is issued) the person is, or but for
section 1 of the Administration Act would be, entitled to a widowed
mother’s allowance under section 37 of the 1992 Act (allowance for woman
20
whose husband died before 9th April 2001)—
(a)
the person is not entitled to that allowance afterwards, but
(b)
(instead) subsections (2) to (5) of section 39A of the 1992 Act
(widowed parent’s allowance) apply in relation to the person.
      (2)
If (immediately before the certificate is issued) the person is (actually)
25
entitled to a widowed mother’s allowance, the entitlement to widowed
parent’s allowance conferred by sub-paragraph (1) is not subject to section 1
of the Administration Act.
Widow’s pension
4
If (immediately before the certificate is issued) the person is entitled to a
30
widow’s pension under section 38 of the 1992 Act (pension for woman
whose husband died before 9th April 2001), the person is not entitled to that
pension afterwards.
Widowed parent’s allowance
5
If (immediately before the certificate is issued) the person is, or but for
35
section 1 of the Administration Act would be, entitled to a widowed parent’s
allowance by virtue of subsection (1)(b) of section 39A of the 1992 Act
(allowance for man whose wife died before 9th April 2001), subsections (2)
to (5) of that section continue to apply in relation to the person afterwards.

Gender Recognition Bill [HL]
Schedule 5 — Benefits and pensions
Part 2 — State benefits
29

Long-term incapacity benefit etc.
6
If (immediately before the certificate is issued) the person is entitled to
incapacity benefit, or a Category A retirement pension, under—
(a)
section 40 of the 1992 Act (long-term incapacity benefit etc. for
woman whose husband died before 9th April 2001), or
5
(b)
section 41 of the 1992 Act (long-term incapacity benefit etc. for man
whose wife died before that date),

the person is not so entitled afterwards.
Category A retirement pension
7     (1)
Any question—
10
(a)
whether the person is entitled to a Category A retirement pension
(under section 44 of the 1992 Act) for any period after the certificate
is issued, and
(b)
(if so) the rate at which the person is so entitled for the period,

is to be decided as if the person’s gender had always been the acquired
15
gender.
      (2)
Accordingly, if (immediately before the certificate is issued) the person—
(a)
is a woman entitled to a Category A retirement pension, but
(b)
has not attained the age of 65,

the person ceases to be so entitled when it is issued.
20
      (3)
And, conversely, if (immediately before the certificate is issued) the
person—
(a)
is a man who has attained the age at which a woman of the same age
attains pensionable age, but
(b)
has not attained the age of 65,
25

the person is to be treated for the purposes of section 44 of the 1992 Act as
attaining pensionable age when it is issued.
      (4)
But sub-paragraph (1) does not apply if and to the extent that the decision of
any question to which it refers is affected by—
(a)
the payment or crediting of contributions, or the crediting of
30
earnings, in respect of a period ending before the certificate is issued,
or
(b)
preclusion from regular employment by responsibilities at home for
such a period.
      (5)
Paragraph 10 makes provision about deferment of Category A retirement
35
pensions.
Category B retirement pension etc.
8     (1)
Any question whether the person is entitled to—
(a)
a Category B retirement pension (under section 48A, 48B, 48BB or 51
of the 1992 Act), or
40
(b)
an increase in a Category A retirement pension under section 51A or
52 of the 1992 Act (increase in Category A retirement pension by
reference to amount of Category B retirement pension),

Gender Recognition Bill [HL]
Schedule 5 — Benefits and pensions
Part 2 — State benefits
30


for any period after the certificate is issued is (in accordance with section
9(1)) to be decided as if the person’s gender were the acquired gender (but
subject to sub-paragraph (4)).
      (2)
Accordingly, if (immediately before the certificate is issued) the person is a
woman entitled to—
5
(a)
a Category B retirement pension, or
(b)
an increase in a Category A retirement pension under section 51A or
52 of the 1992 Act,

the person may cease to be so entitled when it is issued.
      (3)
And, conversely, if (immediately before the certificate is issued) the
10
person—
(a)
is a man who has attained the age at which a woman of the same age
attains pensionable age, but
(b)
has not attained the age of 65,

the person is to be treated for the purposes of sections 48A, 48B and 48BB of
15
the 1992 Act as attaining pensionable age when it is issued.
      (4)
But a person who is a man (immediately before the certificate is issued) is not
entitled to a Category B retirement pension under section 48B of the 1992 Act
for any period after it is issued if the person—
(a)
attains (or has attained) the age of 65 before 6th April 2010, and
20
(b)
would not have been entitled to a Category B retirement pension
under section 51 of the 1992 Act for that period if still a man.
      (5)
Paragraph 10 makes provision about deferment of Category B retirement
pensions.
Shared additional pension
25
9     (1)
Any question—
(a)
whether the person is entitled to a shared additional pension (under
section 55A of the 1992 Act) for any period after the certificate is
issued, and
(b)
(if so) the rate at which the person is so entitled for the period,
30

is to be decided on the basis of the person attaining pensionable age on the
same date as someone of the acquired gender (and the same age).
      (2)
Accordingly, if (immediately before the certificate is issued) the person—
(a)
is a woman entitled to a shared additional pension, but
(b)
has not attained the age of 65,
35

the person ceases to be so entitled when it is issued.
      (3)
And, conversely, if (immediately before the certificate is issued) the
person—
(a)
is a man who has attained the age at which a woman of the same age
attains pensionable age, but
40
(b)
has not attained the age of 65,

the person is to be treated for the purposes of section 55A of the 1992 Act as
attaining pensionable age when it is issued.
      (4)
Paragraph 10 makes provision about deferment of shared additional
pensions.
45