SCHEDULES
SCHEDULE 1Gender Recognition Panels
List of persons eligible to sit
1
1
F1Subject to sub-paragraph (1A), the Lord Chancellor must, after consulting the Scottish Ministers and the Department of Finance and Personnel in Northern Ireland, make appointments to a list of persons eligible to sit as members of Gender Recognition Panels.
F21A
The Lord Chancellor may appoint a person under sub-paragraph (1) only with the concurrence of all of the following—
a
the Lord Chief Justice of England and Wales;
b
the Lord President of the Court of Session;
c
the Lord Chief Justice of Northern Ireland.
2
The only persons who may be appointed to the list are persons who—
a
have a relevant legal qualification (“legal members”), or
b
are registered medical practitioners or F3registered 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),
b
an advocate or solicitor in Scotland of at least seven years' standing, and
c
a member of the Bar of Northern Ireland or F4solicitor of the Court of Judicature of Northern Ireland of at least seven years' standing.
President
2
1
F5Subject to sub-paragraph (1A), 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 Gender Recognition Panels (“the Deputy President”).
F61A
The Lord Chancellor may appoint a person under sub-paragraph (1) only with the concurrence of all of the following—
a
the Lord Chief Justice of England and Wales;
b
the Lord President of the Court of Session;
c
the Lord Chief Justice of Northern Ireland.
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
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.
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—
a
at least one legal member, and
b
at least one medical member.
C1F123
But a Panel need not include a medical member when determining an application under section 1(1)(a) for a certificate to be granted in accordance with section 3A.
F134
But a Panel need not include a medical member when determining an application under section 1(1)(a) for a certificate to be granted in accordance with section 3C.
5
The arrangements must ensure that a Panel determining an application under section 1(1)(b), 5(2) F7, 5A(2) or 6(1) includes at least one legal member.
Procedure
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 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 mayF10... give 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.
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.
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.
8AF8Delegation
1
The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise any of his functions under this Schedule.
2
The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this Schedule.
3
The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this Schedule—
a
the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
b
a Lord Justice of Appeal (as defined in section 88 of that Act).
F9Tribunals and Inquiries Act 1992
9
In Schedule 1 to the Tribunals and Inquiries Act 1992 (c. 53) (F11tribunals to which that Act applies), before paragraph 22 insert—
Gender Recognition
21AA. Gender Recognition Panels constituted under Schedule 1 to the Gender Recognition Act 2004 (c. 7).
Disqualification
10
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (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.
”
11
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.
”
Sch. 1 cross-heading substituted (19.9.2013) by The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 28(b)