Applications for gender recognition certificate

1. Applications
2. Evidence
3. Certificates
4. Supplementary

Consequences of issue of gender recognition certificate

5. General
6. Registration
7. Marriage
8. Parenthood
9. Discrimination
10. Succession etc
11. Peerages etc
12. Trustees and personal representatives
13. Orders where expectations defeated

Supplementary

14. Prohibition on disclosure of information
15. Orders and regulations
16. Money
17. Interpretation
18. Commencement
19. Applications within six months of commencement
20. Short title

• Schedule 1 - Gender Recognition Panels
• Schedule 2 - Registration
• Schedule 3 - Marriage

Make provision for and in connection with change of gender.

Applications for gender recognition certificate

1. 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 (b) being recognised under the law of a country or territory outside the United Kingdom as having changed gender.

   
   

   (2)

   In this Act “the acquired gender”, in relation to a person by whom an application under subsection (1) is made, means - (a) if the application is made under paragraph (a) of that subsection, the gender in which the person is living, or (b) if the application is made under paragraph (b) of that subsection, the gender to which the person is recognised as having changed.

   
   

   (3)	An application under subsection (1) is to be determined by a Gender Recognition Panel.

   
   

   (4)

   In the case of an application under subsection (1)(a), the Panel must grant the application if satisfied that the applicant - (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, (c) intends to continue to live in the acquired gender until death, and (d) complies with the requirements imposed by, and any requirements imposed by the Panel under, section 2, and otherwise must reject it.

   
   

   (5)

   In the case of an application under subsection (1)(b), the Panel must grant the application if satisfied - (a) that the country or territory under the law of which the applicant is recognised as having changed gender is an approved country or territory, and (b) that the applicant complies with the requirements imposed by, and any requirements imposed by the Panel under, section 2, and otherwise must reject it.

   
   

   (6)	In this Act “approved country or territory” means a country or territory prescribed by order made by the Secretary of State.

   
   

   (7)	Schedule 1 (which makes provision about Gender Recognition Panels) has effect.

2. Evidence
    

   (1)

   An application under section 1(1)(a) must include either - (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 not, practise in that field).

   
   

   (2)	Subsection (1) is not complied with unless a report required by that subsection and made by a registered medical practitioner, or chartered psychologist, practising in the field of gender dysphoria includes details of the diagnosis of the applicant’s gender dysphoria.

   
   

   (3)

   If the applicant has undergone or is undergoing treatment for the purpose of modifying sexual characteristics, or if treatment for that purpose has been prescribed or planned for the applicant, subsection (1) is not complied with 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 by the applicant - (a) that the applicant meets the conditions in section 1(4)(b) and (c), and (b) as to whether or not the applicant is married.

   
   

   (5)

   An application under section 1(1)(b) must include - (a) if the applicant is not married, a statutory declaration by the applicant that that is the case, or (b) if the applicant is married, either a copy of an entry in a register maintained under the law of any country or territory containing a record of the marriage or other evidence as to the date of the marriage and the genders of the parties to it, and, in either case, evidence that the applicant is recognised under the law of an approved country or territory as having changed gender.

   
   

   (6)	Any application under section 1(1) must include - (a) the applicant’s birth certificate, and (b) evidence concerning any changes in the name by which the applicant has been known at any time during the applicant’s life.

   
   

   (7)

   “The applicant’s birth certificate” means - (a) if there is a birth register entry relating to the applicant, a certified copy of it (or, if there is more than one such birth register entry, of the one made most recently), or (b) otherwise, a copy of an entry in a register maintained under the law of a country or territory other than the United Kingdom containing a record of the applicant’s birth and gender or other evidence relating to the applicant’s birth and gender.

   
   

   (8)

   In this Act “birth register entry”, in relation to an applicant under section 1(1), means - (a) an entry of which a certified copy is kept by the Registrar General, or (b) an entry in a register kept by the Registrar General, containing a record of the applicant’s birth (and includes such an entry in the Adopted Children Register or the Transsexual Persons Register).

   
   

   (9)	Any applicant under section 1(1) - (a) must supply any other evidence which the Gender Recognition Panel which is to determine the application may require, and (b) may supply such other evidence as the applicant wishes.

3. Certificates
    

   (1)	If a Gender Recognition Panel grants an application under section 1(1) it must issue a gender recognition certificate to the applicant.

   
   

   (2)	Except where subsection (3) applies, the gender recognition certificate must state (without qualification) that the application has been granted; and such a certificate is to be known as a full gender recognition certificate.

   
   

   (3)

   In a case where - (a) a successful applicant under section 1(1)(a) is married, or (b) a successful applicant under section 1(1)(b) is married and the marriage is not a relevant post-recognition marriage, the gender recognition certificate must state that the application has been granted but that, because of the applicant’s marriage, a full gender recognition certificate has not been issued; and such a certificate is to be known as an interim gender recognition certificate.

   
   

   (4)	A marriage is a relevant post-recognition marriage if the other party is not of the applicant’s acquired gender and the marriage took place at a time when the applicant was recognised under the law of the approved country or territory in question as being of the acquired gender.

   
   

   (5)

   If an interim gender recognition certificate has been issued to the applicant, the applicant may make an application for a full gender recognition certificate at any time within the period of six months beginning with any day on which - (a) the marriage is annulled or dissolved, or (b) the other party to the marriage dies, (unless the applicant is again married).

   
   

   (6)	An application under subsection (5) must include evidence of the annulment or dissolution of the marriage, or of the death of the other party to the marriage.

   
   

   (7)	An application under subsection (5) is to be determined by a Gender Recognition Panel.

   
   

   (8)	The Panel - (a) must grant the application if satisfied that the applicant is not married, and (b) otherwise must reject it.

   
   

   (9)	If the Panel grants the application it must issue a full gender recognition certificate to the applicant.

   
   

   (10)	If a gender recognition certificate has been issued to an applicant and the applicant considers that it contains an error, the applicant may make an application for a corrected gender recognition certificate.

   
   

   (11)	An application under subsection (10) is to be determined by a Gender Recognition Panel.

   
   

   (12)	The Panel - (a) must grant the application if satisfied that the gender recognition certificate contains an error, and (b) otherwise must reject it.

   
   

   (13)	If the Panel grants the application it must issue a corrected gender recognition certificate to the applicant.

   
   

   (14)	The Secretary of State may specify the content and form of gender recognition certificates.

4. Supplementary
    

   (1)	An application under section 1(1) or 3(5) or (10) must be made in a form and manner specified by the Secretary of State.

   
   

   (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 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.

   
   

   (3)	The applicant may appeal to the High Court on a point of law against a decision to reject the application; and the appeal must be heard in private if the applicant so requests.

   
   

   (4)	If the application is rejected, the applicant may not make another application before the end of the period of six months beginning with the date on which it is rejected.

   
   

   (5)

   If the application 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 which - (a) must either quash or confirm the decision to grant the application, and (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

5. General
    

   (1)	Where a full gender recognition certificate is issued to a person, the person’s gender becomes for all purposes the acquired gender.

   
   

   (2)	Subsection (1) does not affect things done, or events occurring, before the time when the certificate is issued; but it does operate for the interpretation of enactments passed, and instruments and other documents made, before that time (as well as those passed or made afterwards).

6. Registration
    

   Schedule 2 (provisions about registration of certain persons whose gender has become the acquired gender) has effect.

7. Marriage
    

   Schedule 3 (amendments of marriage law in relation to persons whose gender has become the acquired gender) has effect.

8. Parenthood
    

   (1)	The fact that a person’s gender has become the acquired gender under this Act does not affect the status of the person as the father or mother of a child.

   
   

   (2)

   But where a person whose gender has become the male gender would be treated as the father of a child by virtue of subsection (3) of section 28 of the Human Fertilisation and Embryology Act 1990 (c. 37) (man to be treated as father of child conceived by reason of treatment services provided for him and a woman together) but for not having been a man at the material time, that person is to be treated as the father of the child by virtue of that subsection.

9. Discrimination
    

   (1)	The Sex Discrimination Act 1975 (c. 65) is amended as follows.

   
   

   (2)	In section 7A (gender reassignment: exception for genuine occupational qualification), insert at the end - “(4) Subsection (1) does not apply in relation to discrimination against a person whose gender has become the acquired gender under the Gender Recognition Act 2003.”

   
   

   (3)	In section 7B (supplementary exceptions relating to gender reassignment), for subsection (3) substitute - “(3) Subsection (2) does not apply in relation to discrimination against a person whose gender has become the acquired gender under the Gender Recognition Act 2003.”

   
   

   (4)	In section 9 (discrimination against contract workers), after subsection (3C) insert - “(3D) Subsections (3B) and (3C) do not apply in relation to discrimination against a person whose gender has become the acquired gender under the Gender Recognition Act 2003.”

10. Succession etc
     

    The fact that a person’s gender has become the acquired gender under this Act does not affect the disposal or devolution of property if an intention that it should not do so is expressed in any will or other instrument under which the property is disposed of or devolves.

11. Peerages etc
     

    The fact that a person’s gender has become the acquired gender under this Act - (a) does not affect the descent of any peerage or dignity or title of honour, and (b) does not affect the devolution of any property limited (expressly or not) by a will or other instrument to devolve (as nearly as the law permits) along with any peerage or dignity or title of honour unless an intention that it should do so is expressed in the will or other instrument.

12. Trustees and personal representatives
     

    (1)

    A trustee or personal representative is not under a duty, by virtue of the law relating to trusts or the administration of estates, to enquire, before conveying or distributing any property, whether a full gender recognition certificate has been issued to any person or revoked (if that fact could affect entitlement to the property).

    
    

    (2)

    A trustee or personal representative is not liable to any person by reason of a conveyance or distribution of the property made without regard to whether a full gender recognition certificate has been issued to any person or revoked if the trustee or personal representative has not received notice of the fact before the conveyance or distribution.

    
    

    (3)	This section does not prejudice the right of a person to follow the property, or any property representing it, into the hands of another person, other than a purchaser, who has received it.

13. Orders where expectations defeated
     

    (1)	This section applies where the disposition or devolution of any property under an instrument other than a will is different from what it would be but for the fact that a person’s gender has become the acquired gender under this Act.

    
    

    (2)	A person may apply to the High Court for an order on the ground that he is adversely affected by the different disposition or devolution of the property.

    
    

    (3)	The High Court may, if it is satisfied that it is just to do so, make in relation to any person benefiting from the disposition or devolution of property such order as it considers appropriate.

    
    

    (4)

    An order may, in particular, make provision for - (a) the payment of a lump sum to the applicant, (b) the transfer of property to the applicant, (c) the settlement of property for the benefit of the applicant, (d) the acquisition of property and either its transfer to the applicant or its settlement for the benefit of the applicant.

    
    

    (5)	An order may contain consequential or supplementary provisions for giving effect to the order or for ensuring that it operates fairly as between the applicant and the other person or persons affected by it; and an order may, in particular, confer powers on trustees.

Supplementary

14. Prohibition on disclosure of information
     

    (1)	It is an offence for a person who has acquired protected information in an official capacity to disclose the information to any other person.

    
    

    (2)

    “Protected information” means information which relates to a person who has made an application under section 1(1) and which - (a) concerns that application or any application by the person under section 3(5) or (10), or (b) if the application under section 1(1) is granted, otherwise concerns the person’s gender before the issue of a full gender recognition certificate.

    
    

    (3)

    A person acquires protected information in an official capacity if the person acquires it - (a) in connection with the person’s functions as a member of the civil service of the State, a constable or the holder of any other public office or in connection with the functions of a local or public authority or of a voluntary organisation, (b) as an employer, or prospective employer, of the person to whom the information relates or as a person employed by such an employer or prospective employer, or (c) in the course of, or otherwise in connection with, the conduct of business or the supply of professional services.

    
    

    (4)

    But it is not an offence under this section to disclose protected information relating to a person if - (a) the information does not enable that person to be identified, (b) that person has agreed to the disclosure of the information, (c) the information is protected information by virtue of subsection (2)(b) and the person by whom the disclosure is made does not know or believe that a full gender recognition has been issued, (d) the disclosure is in the course of official duties, (e) the disclosure is in accordance with an order of a court or tribunal, (f) the disclosure is for the purpose of instituting, or otherwise for the purposes of, proceedings before a court or tribunal, (g) the disclosure is in accordance with provision made by an order under subsection (5), or (h) the disclosure is in accordance with any provision of, or made by virtue of, an enactment other than this section.

    
    

    (5)	The Secretary of State may by order make provision prescribing circumstances in which the disclosure of protected information is not to constitute an offence under this section.

    
    

    (6)

    An order under subsection (5) may make provision permitting - (a) disclosure to specified persons or persons of a specified description, (b) disclosure for specified purposes, (c) disclosure of specified descriptions of information, or (d) disclosure by specified persons or persons of a specified description.

    
    

    (7)	A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

15. Orders and regulations
     

    (1)	Any power of the Secretary of State under this Act to make an order, and any power of the Registrar General under this Act to make regulations, is exercisable by statutory instrument.

    
    

    (2)	A statutory instrument containing an order made by the Secretary of State under section 1 or 14 is subject to annulment in pursuance of a resolution of either House of Parliament.

16. Money
     

    (1)	There is to be paid out of money provided by Parliament - (a) any expenditure incurred by the Secretary of State or the Registrar General in connection with this Act, and (b) any increase attributable to this Act in the sums payable out of such money under any other Act.

    
    

    (2)	Fees received under this Act are to be paid into the Consolidated Fund.

17. Interpretation
     

    In this Act -      “the acquired gender” is to be construed in accordance with section 1(2),      “approved country or territory” has the meaning given by section 1(6),      “birth register entry” has the meaning given by section 2(8),      “chartered psychologist” means a person for the time being listed in the British Psychological Society’s Register of Chartered Psychologists,      “gender dysphoria” means the disorder variously referred to as gender dysphoria, gender identity disorder and transsexualism,      “gender recognition certificate”, “full gender recognition certificate” and “interim gender recognition certificate” are to be construed in accordance with section 3,      “Gender Recognition Panel” is to be construed in accordance with Schedule 1, and      “the Registrar General” means the Registrar General for England and Wales.

18. Commencement
     

    Apart from sections 15 to 17, this section and section 20, this Act does not come into force until such day as the Secretary of State may by order appoint.

19. 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 day on which this Act comes into force.

    
    

    (2)

    Section 1 (applications) has effect as if for paragraphs (a) and (b) of subsection (4) there were substituted - “(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,”.

    
    

    (3)

    Section 2 (evidence) has effect where the application is based on the applicant having or having had gender dysphoria 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 practising in the field of gender dysphoria, or (b) a report made by a chartered psychologist practising in that field. (2) Subsection (1) is not complied with unless the report required by that subsection includes details of the diagnosis of the applicant’s gender dysphoria. (3) If the applicant has undergone or is undergoing treatment for the purpose of modifying sexual characteristics, or if treatment for that purpose has been prescribed or planned for the applicant, subsection (1) is not complied with unless the report required by that subsection includes details of it.”

    
    

    (4)

    Section 2 (evidence) has effect where the application is based on the applicant having undergone surgical treatment for the purpose of modifying sexual characteristics as if for subsections (1) to (3) there were substituted - “(1) An application under section 1(1)(a) must include either - (a) by a report made by a registered medical practitioner, or (b) by a report made by a chartered psychologist practising in the field of gender dysphoria. (2) Subsection (1) is not complied with unless the report required by that subsection includes details of the surgical treatment which the applicant has undergone for the purpose of modifying sexual characteristics and of any further surgical treatment for that purpose which has been prescribed or planned for the applicant.”

    
    

    (5)	Paragraph 4(2) of Schedule 1 (membership of Panels) has effect with the omission of paragraph (b) (requirement that Panel include a medical member).

20. Short title
     

    This Act may be cited as the Gender Recognition Act 2003.