Gender Recognition Act 2004

Applications for gender recognition certificate

2Determination of applications

3AAlternative grounds for granting applications

3BEvidence for granting applications on alternative grounds

3CAlternative grounds for granting applications: Scotland

3DEvidence for granting applications on alternative grounds: Scotland

3EAlternative grounds for granting applications: Scotland (English and Welsh residents)

3FEvidence for granting applications on alternative grounds: Scotland (English and Welsh residents)

4Successful applications

Issue of full certificate after interim certificate: applicant married or a civil partner

4AMarried person or civil partner with interim certificate: issue of full certificate

4BApplication under section 4A: death of spouse or civil partner

4CMarried person with interim certificate: issue of full certificate (Scotland)

4DApplication under section 4C: death of spouse

4EMarried person with interim certificate: issue of full certificate on application to the sheriff (Scotland)

4FDeath of civil partner or spouse: issue of full certificate (Scotland)

5Issue of full certificates where applicant has been married

5AIssue of full certificates where applicant has been a civil partner

Other provision about applications and certificates

5BApplications by both civil partners

5CProtected Scottish civil partnership: applications by both civil partners

5DProtected Scottish civil partnership: power to make further provision for issue of full certificate

7Applications: supplementary

Consequences of issue of gender recognition certificate etc.

11AChange in gender of party to marriage

11BChange in gender of civil partner

11CContinuity of marriage: Scotland

11DContinuity of civil partnership: Scotland

13Social security benefits and pensions

14Discrimination

15Succession etc.

16Peerages etc.

17Trustees and personal representatives

18Orders where expectations defeated

20Gender-specific offences

21Foreign gender change and marriage

Supplementary

22Prohibition on disclosure of information

23Power to modify statutory provisions

24Orders and regulations

25Interpretation

27Applications within two years of commencement

SCHEDULE 1Gender Recognition Panels

List of persons eligible to sit

1(1) Subject to sub-paragraph (1A), the Lord Chancellor must, after...

2(1) Subject to sub-paragraph (1A), the Lord Chancellor must, after...

Tenure of persons appointed to list

3Persons on the list— (a) hold and vacate their appointments...

Membership of Panels

4(1) The President must make arrangements for determining the membership...

5The arrangements must ensure that a Panel determining an application...

6(1) Where a Panel consists of more than one member,...

Staff and facilities

7The Secretary of State may make staff and other facilities...

8(1) The Secretary of State may pay sums by way...

Tribunals and Inquiries Act 1992

9In Schedule 1 to the Tribunals and Inquiries Act 1992...

Disqualification

10In Part 3 of Schedule 1 to the House of...

11In Part 3 of Schedule 1 to the Northern Ireland...

SCHEDULE 2Interim certificates: marriage

Part 1England and Wales

1The Matrimonial Causes Act 1973 (c. 18) is amended as...

2In section 12 (grounds on which a marriage celebrated after...

3In section 13 (bars to relief), after subsection (2) insert—...

4(1) Paragraph 11 of Schedule 1 (grounds on which a...

5The Divorce (Scotland) Act 1976 (c. 39) is amended as...

6(1) In subsection (1) of section 1 (grounds on which...

7In section 2(1) (encouragement of reconciliation), for “in an action...

Part 3Northern Ireland

8The Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I....

9In Article 14 (grounds on which a marriage celebrated after...

10In Article 16 (bars to relief), after paragraph (2) insert—...

11(1) Paragraph 18 of Schedule 3 (grounds on which a...

SCHEDULE 3Registration

Part 1England and Wales

1In this Part— “the Registrar General” means the Registrar General...

Gender Recognition Register

2(1) The Registrar General must maintain, in the General Register...

Entries in Gender Recognition Register and marking of existing birth register entries

3(1) If the Registrar General receives under section 10(1) a...

Indexing of entries in Gender Recognition Register

4(1) The Registrar General must make arrangements for each entry...

Certified copies of entries in Gender Recognition Register

5(1) Anyone who may have a certified copy of the...

Short certificates of birth compiled from Gender Recognition Register

6Where a short certificate of birth under section 33 of...

Gender Recognition Register: re-registration

7(1) Section 10A of the 1953 Act (re-registration where parents...

Correction etc. of Gender Recognition Register

8(1) Any power or duty of the Registrar General or...

Revocation of gender recognition certificate etc.

9(1) This paragraph applies if, after an entry has been...

10(1) Section 34(5) of the 1953 Act (certified copy of...

Regulatory reform

11England and Wales

Registration of marriages and civil partnerships

11A(1) The Registrar General may make regulations about—

12In this Part— “the Registrar General” means the Registrar General...

Gender Recognition Register

13(1) The Registrar General must maintain, in the General Register...

Entries in Gender Recognition Register

14(1) If the Registrar General receives under section 10(1) a...

Indexing of entries in Gender Recognition Register

15(1) The Registrar General must make arrangements for each entry...

Extracts of entries in Gender Recognition Register

16(1) This paragraph applies in respect of an extract issued...

Abbreviated extracts of birth compiled from Gender Recognition Register

17Where an abbreviated extract of birth under section 39E of...

Gender Recognition Register: correction, re-registration etc.

18Section 18A(2) (decrees of parentage and non-parentage), section 20(1)(re-registration in...

Revocation of gender recognition certificate etc.

19(1) This paragraph applies if, after an entry has been...

Authentication and admissibility

20sections 41 and 41A of the 1965 Act (authentication of...

20A(1) The Registrar General may, with the approval of the...

Part 3Northern Ireland

21In this Part— “the Registrar General” means the Registrar General...

Gender Recognition Register

22(1) The Registrar General must maintain, in the General Register...

Entries in Gender Recognition Register and marking of existing birth register entries

23(1) If the Registrar General receives under section 10(1) a...

Indexing of entries in Gender Recognition Register

24(1) The Registrar General must make arrangements for each entry...

Certified copies of entries in Gender Recognition Register

25(1) Anyone who may have a certified copy of the...

Short certificates of birth compiled from Gender Recognition Register

26Where a short certificate of birth under Article 40 of...

Gender Recognition Register: re-registration

27Articles 18, 19 and 19A of the 1976 Order (re-registration...

Correction of errors in Gender Recognition Register

28(1) Any power or duty of the Registrar General to...

Revocation of gender recognition certificate etc.

29(1) This paragraph applies if, after an entry has been...

Change of name

30Paragraphs (4) to (6) of Article 37 of the 1976...

31(1) Article 42 of the 1976 Order (proof of age...

32Article 47 of the 1976 Order (fees for searches, certificates...

SCHEDULE 4Effect on marriage

Part 1England and Wales

Marriage Act 1949 (c. 76)

1The Marriage Act 1949 is amended as follows.

2In section 1 (restrictions on marriage), insert at the end—...

3After section 5A insert— Marriages involving person of acquired gender...

Matrimonial Causes Act 1973 (c. 18)

4The Matrimonial Causes Act 1973 is amended as follows.

5In section 12 (grounds on which a marriage celebrated after...

6In section 13(2), (3) and (4) (bars to relief), for...

Marriage (Scotland) Act 1977 (c. 15)

7In section 2 of the Marriage (Scotland) Act 1977 (marriage...

Part 3Northern Ireland

Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 (S.I. 1984/1984 (N.I. 14))

8In Article 18 of the Family Law (Miscellaneous Provisions) (Northern...

Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15))

9The Matrimonial Causes (Northern Ireland) Order 1978 is amended as...

10In Article 14 (grounds on which a marriage celebrated after...

11In Article 16(2), (3) and (4) (bars to relief), for...

SCHEDULE 5Benefits and pensions

Part 1Introductory

1This Schedule applies where a full gender recognition certificate is...

Part 2State benefits

2(1) In this Part of this Schedule “the 1992 Act”...

Widowed mother’s allowance

3(1) If (immediately before the certificate is issued) the person...

Widow’s pension

4If (immediately before the certificate is issued) the person is...

Widowed parent’s allowance

5If (immediately before the certificate is issued) the person is,...

Long-term incapacity benefit etc.

6If (immediately before the certificate is issued) the person is...

Pension under Part 1 of the Pensions Act 2014

6A(1) Any question— (a) whether the person is entitled to...

Pension under Part 1 of the Pensions Act (Northern Ireland) 2015

6B(1) Any question— (a) whether the person is entitled to...

Category A retirement pension

7(1) Any question— (a) whether the person is entitled to...

Category B retirement pension etc.

8(1) Any question whether the person is entitled to—

Shared additional pension

9(1) Any question— (a) whether the person is entitled to...

Deferment of pensions

10(1) The person’s entitlement to— (za) a state pension under...

Graduated retirement benefit: Great Britain

12(1) The provision that may be made by regulations under...

Graduated retirement benefit: Northern Ireland

13(1) The provision that may be made by regulations under...

Part 3Occupational pension schemes

Guaranteed minimum pensions etc.: Great Britain

14(1) In this paragraph “the 1993 Act” means the Pension...

Guaranteed minimum pensions etc.: Northern Ireland

15(1) In this paragraph “the 1993 Act” means the Pension...

Equivalent pension benefits: Great Britain

16(1) The provision that may be made by regulations under...

Equivalent pension benefits: Northern Ireland

17(1) The provision that may be made by regulations under...

SCHEDULE 6Sex discrimination

Part 1Great Britain

Part 2Northern Ireland

6The Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I....

7In Article 10A (gender reassignment: exception for genuine occupational qualification),...

8In Article 10B (supplementary exceptions relating to gender reassignment), for...

9In Article 12 (discrimination against contract workers), after paragraph (3C)...

10In Article 14 (partnerships), after paragraph (3C) insert—

Royal arms

Gender Recognition Act 2004

2004 CHAPTER 7

An Act to make provision for and in connection with change of gender.

[1st July 2004]

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:—