(This note is not part of the Order)
This Order revokes and re-makes, with amendments, the Gender Recognition (Approved Countries and Territories) Order 2005 (S.I. 2005/874). It adds nine countries and territories to the list of countries and territories that are approved by the Secretary of State for the purposes of the Gender Recognition Act 2004 (the “Act”) (the Canadian province of Prince Edward Island, Croatia, the Czech Republic, Liechtenstein, the Federal District of Mexico, Serbia, Singapore, South Korea and Uruguay) and removes two countries (Latvia and Serbia and Montenegro).
Section 1(1)(b) of the Act permits applications for a gender recognition certificate on the basis of having changed gender under the law of a country or territory outside the United Kingdom. Applicants under section 1(1)(b) are required by section 3(5) to provide evidence that they have changed gender under the law of an “approved country or territory” outside the United Kingdom. An “approved country or territory” is defined by section 2(4) as one prescribed by order made by the Secretary of State.
Applicants under section 1(1)(b) need not meet the evidentiary requirements in sections 3(1) to (4), which apply to applications under section 1(1)(a) of the Act. These include a requirement to provide one or more medical reports from a registered medical practitioner or a chartered psychologist.