The High Court (Distribution of Business) Order 2004

Explanatory Note

(This note is not part of the Order)

This Order assigns to the Family Division of the High Court all proceedings under sections 6 and 8 of the Gender Recognition Act 2004 (c. 7) (“the 2004 Act”). Paragraph 3 of Schedule 1 to the Supreme Court Act 1981 (c. 54) is amended accordingly.

The 2004 Act provides for transsexual persons legal recognition in their acquired gender on the issue of a full gender recognition certificate. In order to obtain a full gender recognition certificate a party must apply first to a Gender Recognition Panel. In certain circumstances the courts may also issue gender recognition certificates. Section 6 of the 2004 Act provides for applications to a court for the issue of a corrected gender recognition certificate where the court has issued a gender recognition certificate which contains an error. Section 8(1) of the 2004 Act provides a statutory appeal to the High Court on a point of law against a decision of a Gender Recognition Panel to reject an application made to it. Section 8(5) provides for the Secretary of State to refer cases to the High Court where he considers an application for a gender recognition certificate to have been secured by fraud.