Gender Recognition Register (Northern Ireland) Regulations 2005

Made: 1st April 2005

Coming into operation: 4th April 2005

The Department of Finance and Personnel, in exercise of the powers conferred upon it by section 10(4) and paragraph 23(1) of Schedule 3 to the Gender Recognition Act 2004[^f00001], and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Gender Recognition Register (Northern Ireland) Regulations 2005 and shall come into operation on 4th April 2005.

Interpretation

2

• (1) In these Regulations unless the context otherwise requires –

• “the 2004 Act” means the Gender Recognition Act 2004;

• “the Adopted Children Register” means the registers compiled by the Registrar General under section 11 of the Adoption of Children Act (Northern Ireland) 1929[^f00002], section 14 of the Adoption of Children Act (Northern Ireland) 1950[^f00003], section 23 of the Adoption Act (Northern Ireland) 1967[^f00004] and Article 50 of the Adoption (Northern Ireland) Order 1987[^f00005];

• “Parental Order Register” means the register held by the Registrar General under Article 50 of the Adoption (Northern Ireland) Order 1987 as modified by Parental Orders (Human Fertilisation and Embryology) Regulations 1994[^f00006].

• (2) The Interpretation Act (Northern Ireland) 1954[^f00007] shall apply to these Regulations as it applies to an Act of the Assembly.

Particulars to be entered in the Gender Recognition Register

3

The particulars to be contained in an entry in the Gender Recognition Register are –

• (a) where the birth has been registered by a registrar in Northern Ireland and there is no more recent entry in a register referred to in sub-paragraphs (b) and (c), the particulars set out in –

• (i) where the record of the birth was created on or before 30th September 1973, Part 1 of Schedule 1;

• (ii) where the record of the birth was created on or after 1st October 1973 and on or before 1st December 1996, Part 2 of Schedule 1;

• (iii) where the record of the birth was created on or after 2nd December 1996, Part 3 of Schedule 1;

• (b) where the most recent UK birth register entry relates to a birth registered in the Adopted Children Register, the particulars set out in –

• (i) where the record of the birth was created on or after 1st July 1930 and on or before 30th April 1950, Part 1 of Schedule 2;

• (ii) where the record of the birth was created on or after 1st May 1950 and on or before 30th November 1969, Part 2 of Schedule 2;

• (iii) where the record of the birth was created on or after 1st December 1969 and on or before 30th September 1989, Part 3 of Schedule 2;

• (iv) where the record of the birth was created on or after 1st October 1989, Part 4 of Schedule 2;

• (c) where the most recent UK birth register entry relates to a birth registered in the Parental Order Register, the particulars set out in Schedule 3.

Additional particulars in certain cases

4

Where a person is the subject of a UK birth register entry falling within regulation 3(a) and that entry was made on or before 30th September 1973, the particulars to be contained in the Gender Recognition Register shall include the particulars set out in Part 3 of Schedule 1, if that person so requests.

Marking of previous entry

5

To secure that the UK birth register entry in his custody is marked for the purposes of paragraph 23(1)(b) of Schedule 3 to the 2004 Act, the Registrar General shall mark the entry with the words “Re-registered by the Registrar General”.

SCHEDULE 1 — PARTICULARS TO BE ENTERED IN GENDER RECOGNITION REGISTER WHERE THE BIRTH WAS REGISTERED IN NORTHERN IRELAND

PART 1 — particulars to be entered where the record of the birth was created on or before 30th September 1973

• Birth Registered in the District of

• in the Superintendent Registrar’s district of

• in the county of

• Entry number

• Date and Place of birth

• Name (if any) (child’s forename(s))

• Sex

• Name and Surname and Dwelling-place of Father

• Name and Surname and Maiden Surname of Mother

• Rank or Profession of Father

• Signature, Qualification and Residence of Informant

• When Registered

• Signature of Registrar

• Baptismal Name if added after Registration of Birth and Date

PART 2 — particulars to be entered where the record of the birth was created on or after 1st October 1973 and on or before 1st December 1996

PART 3 — Particulars to be entered where the record of the birth was created on or after 2nd December 1996

SCHEDULE 2 — PARTICULARS TO BE ENTERED IN GENDER RECOGNITION REGISTER WHERE THE BIRTH WAS REGISTERED IN THE ADOPTED CHILDREN REGISTER IN NORTHERN IRELAND

PART 1 — particulars to be entered where the record of the birth was created in the adopted children register on or after 1st July 1930 and on or before 30th April 1950

• No. of Entry

• Date of Entry

• Name (not including surname) by which it is intended that the Adopted Child shall be known.

• Sex of Adopted Child.

• Name and Surname, Address and Occupation of Adopter or Adopters.

• Date of Birth of Child, and if Birthplace is not in Northern Ireland, Country of Birth.

• Date of Adoption Order and Description of Court by which made.

• Signature of Officer deputed by Registrar General to attest the Entry.

PART 2 — particulars to be entered where the record of the birth was created in the adopted children register on or after 1st May 1950 and on or before 30th November 1969

• No. of entry

• Date of birth of child, and if birthplace is not in Northern Ireland, country of birth

• Name and surname of child

• Sex of child

• Name and surname, address and occupation of adopter or adopters

• Date of adoption order and description of court by which made

• Date of entry

• Signature of officer deputed by Registrar General to attest the entry.

PART 3 — particulars to be entered where the record of the birth was created in the adopted children register on or after 1st December 1969 and on or before 30th September 1989

• No. of entry

• Date and country of birth of child and in the case of an infant born in Northern Ireland, the district of the Superintendent Registrar and/or the Registrar of Births and Deaths in which the birth took place or the district of the Superintendent Registrar and/or the Registrar of Births and Deaths where the court, that made the adoption order, sits.

• Name and surname of child

• Sex of child

• Name and surname, address and occupation of adopter or adopters

• Date of adoption order and description of court by which made

• Date of entry

• Signature of officer deputed by Registrar General to attest the entry.

PART 4 — particulars to be entered where the record of the birth was created in the adopted children register on or after 1st October 1989

• No. of entry

• Date and country of birth of child and in the case of a child born in Northern Ireland, the registration district in which the birth took place or the registration district where the court, that made the adoption order, sits.

• Name and surname of child

• Sex of child

• Name and surname, address and occupation of adopter or adopters

• Date of adoption order and description of court by which made

• Date of entry

• Signature of officer deputed by Registrar General to attest the entry.

SCHEDULE 3 — PARTICULARS TO BE ENTERED WHERE THE RECORD OF THE BIRTH WAS CREATED IN THE PARENTAL ORDER REGISTER

• No. of entry

• Date and country of birth of child and in the case of a child born in Northern Ireland, the registration district in which the birth took place.

• Name and surname of child

• Sex of child

• Name and surname, address and occupation of persons who obtained the Parental Order

• Date of Parental Order and description of court by which made

• Date of entry

• Signature of officer deputed by Registrar General to attest the entry.

Signed

Sealed with the Official Seal of the Department of Finance and Personnel on 1st April 2005.

T. N. Caven — Senior Officer of the — Department of Finance and Personnel

Explanatory note

(This note is not part of the Regulations.)

These Regulations make provision for entries to be made in the Gender Recognition Register and the marking of existing birth register entries once the Registrar General for Northern Ireland receives a copy of the full gender recognition certificate under section 10(1) of the Gender Recognition Act 2004.

The Regulations provide for an entry in the Gender Recognition Register to contain information that corresponds with the information recorded in the applicants existing birth record, apart from the new name and gender which will be obtained from the gender recognition certificate.

Footnotes

[^f00001]: 2004 c. 7

[^f00002]: 1929 c. 15 (20 Geo. 5); the whole Act was repealed by the Adoption of Children Act (NI) 1950 section 33

[^f00003]: 1950 c. 6 (13 & 14 Geo. 6); the whole Act was repealed by the Adoption Act (NI) 1967 section 47

[^f00004]: 1967 c. 35 (15 & 16 Eliz. 2) as amended by the Births, Deaths and Marriages Registration (Northern Ireland) Order 1973 (S.I. 1973/600 N.I. 8); the whole Act was repealed by the Adoption (NI) Order 1987 Schedule 5

[^f00005]: S.I. 1987/2203 N.I. 22

[^f00006]: S.I. 1994 No. 2767

[^f00007]: 1954 c. 33 (N.I.)