The Gender Recognition Register (Amendment) Regulations 2011

Statutory Instruments

2011 No. 1607

Registration Of Births, Deaths, Marriages, Etc. England And Wales

The Gender Recognition Register (Amendment) Regulations 2011

Made

29th June 2011

Coming into force

20th July 2011

The Registrar General, in exercise of the powers conferred by section 26(3) of the Welsh Language Act 1993(1) and paragraph 3 of Schedule 3 to the Gender Recognition Act 2004(2), with the approval of the Secretary of State (3), makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Gender Recognition Register (Amendment) Regulations 2011 and shall come into force on 20th July 2011.

(2) In these Regulations—

“the Principal Regulations” means the Gender Recognition Register Regulations 2005(4).

Amendment to regulation 1(2) of the Principal Regulations

2.—(1) Regulation 1(2) of the Principal Regulations (Citation, commencement and interpretation) is amended as follows.

(2) For the definition of “the Adopted Children Register” substitute—

““the Adopted Children Register” means the register maintained by the Registrar General under section 11 of the Adoption of Children Act 1926(5), section 12 of the Adoption of Children Act 1949(6), section 17 of the Adoption Act 1950(7), section 20 of the Adoption Act 1958(8), section 50 of the Adoption Act 1976(9) and section 77 of the Adoption and Children Act 2002(10);”.

(3) For the definition of “Parental Order Register” substitute—

““Parental Order Register” means the register maintained by the Registrar General under section 50 of the Adoption Act 1976 as modified by the Parental Orders (Human Fertilization and Embryology) Regulations 1994(11) and section 77 of the Adoption and Children Act 2002 as modified by the Human Fertilization and Embryology (Parental Orders) Regulations 2010(12);”.

Amendment to regulation 2 (1) of the Principal Regulations

3.—(1) In regulation 2(1)(a) of the Principal Regulations for “the particulars set out in Part 1 of Schedule 1” substitute “the particulars set out in the relevant part of Schedule 1”.

(2) In regulation 2(1)(e) of the Principal Regulations for “the particulars set out in Schedule 5” substitute “the particulars set out in the relevant part of Schedule 5”.

Amendment to regulation 3 of the Principal Regulations

4.—(1) Omit regulation 3 of the Principal Regulations (additional particulars in certain cases).

(2) After regulation 3 insert—

“Modification of particulars in certain cases

3A.   Where a person who immediately prior to 20th July 2011 is the subject of an entry in the Gender Recognition Register requests that the entry be modified so that the particulars contained in the entry are those which would be so contained in accordance with regulation 2 if the entry were made on or after 20th July 2011, the particulars to be contained in the entry are those specified in regulation 2 as it applies on 20th July 2011.”.

Amendment to Schedules 1-9 of the Principal Regulations

5.  For Schedules 1-9 respectively of the Principal Regulations substitute the relevant Schedule set out in the Schedule to these Regulations.

Saving

6.  Nothing in these Regulations shall affect the validity of any particulars entered into the Gender Recognition Register prior to 20th July 2011 or of anything done pursuant to or in consequence of or in reliance on any such particulars.

Made by

Sarah Rapson

Registrar General

29th June 2011

I approve

Damian Green

Minister of State

Home Office

29th June 2011

Regulation 5

SCHEDULE

Regulation 2(1)(a)

“SCHEDULE 1 Particulars to be entered in Gender Recognition Register where the birth was registered in England and Wales

PART 1 Particulars to be entered where birth record was created on or before 31st March 1969

PART 2 Modified particulars to be entered where UK birth record was created on or after 1st April 1969

Additional particulars to be entered

Alternative particulars to be entered

If applicable for

“

”

substitute:

“

”

Regulation 2(1)(b)

SCHEDULE 2 Her Majesty’s Forces Records

PART 1 Particulars to be entered where birth record was created on or before 31st March 1959

PART 2 Particulars to be entered where birth record was created on or after 1st April 1959 and on or before 31st December 1971

PART 3 Particulars to be entered where birth record was created on or after 1st January 1972

Regulation 2(1)(c)

SCHEDULE 3 Consular or High Commission Records

Regulation 2(1)(d)

SCHEDULE 4 Adopted Children Register

PART 1 Particulars to be entered where birth record was created on or after 1st January 1927 and on or before 31st December 1949

PART 2 Particulars to be entered where the birth record was created on or after 1st January 1950 and on or before 31st December 1958

PART 3 Particulars to be entered where birth record was created on or after 1st April 1958 and on or before 31st December 1975

PART 4 Particulars to be entered where birth record was created on or after 1st January 1976 and on or before 31st May 2003

PART 5 Particulars to be entered where birth record was created on or after 1st June 2003

Regulation 2(1)(e)

SCHEDULE 5 Parental Order Register

PART 1 Particulars to be entered where record was created on or after 15th December 1994 and on or before 29th April 2010

PART 2 Particulars to be entered where record was created on or after 30th April 2010

Regulation 2(1)(f)

SCHEDULE 6 Air Register Book of Births and Deaths

Regulation 2(1)(g)

SCHEDULE 7 Birth registered under section 3A of the Births and Deaths Registration Act 1953 (abandoned children)

Regulation 2(1)(h)

SCHEDULE 8 Marine Register

PART 1 Particulars to be entered where birth record was created on or before 31st December 1948

PART 2 Particulars to be entered where birth record was created on or after 1st January 1949 and on or before 31st December 1972

PART 3 Particulars to be entered where birth record was created on or after 1st January 1973

Regulation 2(1)(i)

SCHEDULE 9 Hovercraft Records

”

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Gender Recognition Register Regulations 2005.

Regulation 2 amends the definitions of “the Adopted Children Register” and “Parental Order Register”.

Regulation 4(1) revokes regulation 3 of the Gender Recognition Register Regulations 2005. This removes the ability of a person who is the subject of an England and Wales birth record that was created on or before 31st March 1969 to elect to have additional particulars, including a surname, entered in the Gender Recognition Register. Regulation 3 had the effect of permitting such a person to change their surname since birth records created on or before 31st March 1969 did not contain the surname of the child. That option was not afforded to those whose birth records were created on or after 1st April 1969. The ability to change one’s surname through other legitimate means remains unaffected.

Regulation 4(2) inserts a new regulation 3A into the Gender Recognition Register Regulations 2005 which permits any person who is the subject of an existing entry in the Gender Recognition Register on 20th July 2011 who elects to do so, to have that entry modified in accordance with these Regulations.

Regulation 5 amends Schedules 1-9 of the Gender Recognition Register Regulations 2005 in order that an entry made in the Gender Recognition Register contains information which corresponds with the information recorded in the applicant’s existing birth record, apart from the new forename and gender which will be obtained from the Gender Recognition Certificate provided to the Registrar General under section 10(1) of the Gender Recognition Act 2004.

Regulation 6 contains a saving provision. This clarifies that nothing in these Regulations will affect the validity of any particulars entered into the Gender Recognition Register prior to 20th July 2011 nor of anything done pursuant to, in consequence of or in reliance on any such entry, for instance the obtaining of a certified copy of an entry which may subsequently have been used to support an application for employment or benefits.

(1)

1993 c. 38.

(2)

2004 c.7.

(3)

The approval of the Secretary of State is required by the Gender Recognition Act 2004, Schedule 3, paragraph 3(5) as amended by the Transfer of Functions (Registration) Order 2008 (S.I. 2008/678), article 5(1), Schedule 2, paragraph 13 (with article 4).

(4)

S.I. 2005/912, amended by S.I. 2009/1892.

(5)

1926 c.29 (16 & 17 Geo 5); the whole Act was repealed by the Adoption Act 1950, section 46, Schedule 4 and by the Children Act 1975 section 108, Schedule 4 Part 1.

(6)

1949 c.98 (12, 13 & 14 Geo 6); the whole Act was repealed by the Statute Law (Repeals) Act 1993, section 1(1), Schedule 1 Part VIII.

(7)

1950 c.26 (14 Geo 6); the whole Act was repealed by the Adoption Act 1958, section 59(2) and Schedule 6.

(8)

1958 c.5 (7 Eliz 2); the whole Act was repealed by the Adoption Act 1976, section 73(3) and Schedule 4.

(9)

1976 c.36 the whole Act, except Part 4 and paragraph 6 of Schedule 2 was repealed by the Adoption and Children Act 2002 (c.38), section 139(3), Schedule 5.

(10)

2002 c.38.

(11)

S.I. 1994/2767 regulation 2, Schedule 1, paragraph 4.

(12)

S.I. 2010/985 regulation 2, Schedule 1.