Gender Recognition Act 2004

Applications for gender recognition certificate

Applications

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• (1) A person of either gender who is aged at least 18 may make an application for a gender recognition certificate on the basis of—

• (a) living in the other gender, or

• (b) having changed gender under the law of a country or territory outside the United Kingdom.

• (2) In this Act “the acquired gender”, in relation to a person by whom an application under subsection (1) is or has been made, means—

• (a) in the case of an application under paragraph (a) of that subsection, the gender in which the person is living, or

• (b) in the case of an application under paragraph (b) of that subsection, the gender to which the person has changed under the law of the country or territory concerned.

• (3) An application under subsection (1) is to be determined by a Gender Recognition Panel.

• (4) Schedule 1 (Gender Recognition Panels) has effect.

Determination of applications

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• (1) In the case of an application under section 1(1)(a), the Panel must grant the application if satisfied that the applicant—

• (a) has or has had gender dysphoria,

• (b) has lived in the acquired gender throughout the period of two years ending with the date on which the application is made,

• (c) intends to continue to live in the acquired gender until death, and

• (d) complies with the requirements imposed by and under section 3.

• (2) In the case of an application under section 1(1)(b), the Panel must grant the application if satisfied—

• (a) that the country or territory under the law of which the applicant has changed gender is an approved country or territory, and

• (b) that the applicant complies with the requirements imposed by and under section 3.

• (3) The Panel must reject an application under section 1(1) if not required by subsection (1) or (2) to grant it.

• (3A) This section does not apply to an application under section 1(1)(a) which states that it is an application for a certificate to be granted in accordance with section 3A.

• (3B) This section does not apply to an application under section 1(1)(a) which states that it is an application for a certificate to be granted in accordance with section 3C.

• (3C) This section does not apply to an application under section 1(1)(a) which states that it is an application for a certificate to be granted in accordance with section 3E.

• (4) In this Act “approved country or territory” means a country or territory prescribed by order made by the Secretary of State after consulting the Scottish Ministers and the Department of Finance and Personnel in Northern Ireland.

Evidence

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• (1) An application under section 1(1)(a) must include either—

• (a) a report made by a registered medical practitioner practising in the field of gender dysphoria and a report made by another registered medical practitioner (who may, but need not, practise in that field), or

• (b) a report made by a registered psychologist practising in that field and a report made by a registered medical practitioner (who may, but need not, practise in that field).

• (2) But subsection (1) is not complied with unless a report required by that subsection and made by—

• (a) a registered medical practitioner, or

• (b) a registered psychologist,

practising in the field of gender dysphoria includes details of the diagnosis of the applicant’s gender dysphoria.

• (3) And subsection (1) is not complied with in a case where—

• (a) the applicant has undergone or is undergoing treatment for the purpose of modifying sexual characteristics, or

• (b) treatment for that purpose has been prescribed or planned for the applicant,

unless at least one of the reports required by that subsection includes details of it.

• (4) An application under section 1(1)(a) must also include a statutory declaration by the applicant that the applicant meets the conditions in section 2(1)(b) and (c).

• (5) An application under section 1(1)(b) must include evidence that the applicant has changed gender under the law of an approved country or territory.

• (6) Any application under section 1(1) must include—

• (a) a statutory declaration as to whether or not the applicant is married or a civil partner,

• (b) any other information or evidence required by an order made by the Secretary of State, and

• (c) any other information or evidence which the Panel which is to determine the application may require,

and may include any other information or evidence which the applicant wishes to include.

• (6A) If the applicant is married, an application under section 1(1) must include a statutory declaration as to whether the marriage is a marriage under the law of England and Wales, of Scotland, of Northern Ireland, or of a country or territory outside the United Kingdom.

• (6AA) If the applicant is a civil partner, an application under section 1(1) must include a statutory declaration as to whether the civil partnership is a civil partnership under the law of England and Wales, of Scotland, or of Northern Ireland, or is an overseas relationship that is treated as a civil partnership by virtue of Chapter 2 of Part 5 of the Civil Partnership Act 2004.

• (6B) If the applicant is married or a civil partner, and the marriage or civil partnership is a protected marriage or a protected civil partnership, an application under section 1(1) must also include—

• (a) a statutory declaration by the applicant's spouse or civil partner that the spouse or partner consents to the marriage or partnership continuing after the issue of a full gender recognition certificate (“a statutory declaration of consent”) (if the spouse or partner has made such a declaration), or

• (b) a statutory declaration by the applicant that the applicant's spouse or civil partner has not made a statutory declaration of consent (if that is the case).

• (6C) If an application includes a statutory declaration of consent by the applicant's spouse or civil partner, the Gender Recognition Panel must give the spouse or partner notice that the application has been made.

• (6D) If the applicant is a party to a protected Scottish marriage, an application under section 1(1) must also include—

• (a) a statutory declaration by the applicant that the applicant wishes the marriage to continue after the issue of a full gender recognition certificate (if that is the case), and

• (b) either—

• (i) a statutory declaration by the applicant's spouse that the spouse consents to the marriage continuing after the issue of a full gender recognition certificate (“a statutory declaration of consent”) (if the spouse has made such a declaration), or

• (ii) a statutory declaration by the applicant that no such declaration by the applicant's spouse is included.

• (6E) If an application includes a statutory declaration of consent by the applicant's spouse under subsection (6D)(b)(i), the Gender Recognition Panel must give the spouse notice that the application has been made.

• (6F) If the applicant is a party to a protected Scottish civil partnership, an application under section 1(1) must also include a statutory declaration as to where the civil partnership was registered and, if the civil partnership was registered outside the United Kingdom, that details of the civil partnership have been sent to the Registrar General for Scotland.

• (6G) If the applicant is a party to a protected Scottish civil partnership, an application under section 1(1) must also include—

• (a) a statutory declaration by the applicant that the applicant wishes the civil partnership to continue after the issue of a full gender recognition certificate (if that is the case), and

• (b) either—

• (i) a statutory declaration by the applicant's civil partner that the civil partner consents to the civil partnership continuing after the issue of a full gender recognition certificate (“a statutory declaration of consent”) (if the civil partner has made such a declaration), or

• (ii) a statutory declaration by the applicant that no such declaration by the applicant's civil partner is included.

• (6H) If an application includes a statutory declaration of consent by the applicant's civil partner under subsection (6G)(b)(i), the Gender Recognition Panel must give the civil partner notice that the application has been made.

• (7) The Secretary of State may not make an order under subsection (6)(b) without consulting the Scottish Ministers and the Department of Finance and Personnel in Northern Ireland.

• (8) If the Panel which is to determine the application requires information or evidence under subsection (6)(c) it must give reasons for doing so.

• (9) This section does not apply to an application under section 1(1)(a) which states that it is an application for a certificate to be granted in accordance with section 3A.

• (10) This section does not apply to an application under section 1(1)(a) which states that it is an application for a certificate to be granted in accordance with section 3C.

• (11) This section does not apply to an application under section 1(1)(a) which states that it is an application for a certificate to be granted in accordance with section 3E.

Successful applications

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• (1) If a Gender Recognition Panel grants an application under section 1(1) it must issue a gender recognition certificate to the applicant.

• (1A) The certificate is to be a full gender recognition certificate if the applicant is neither married nor in a civil partnership.

• (2) The certificate is also to be a full gender recognition certificate if—

• (a) the applicant is neither a civil partner nor married,

• (b) the applicant is a party to a protected marriage and the applicant's spouse consents to the marriage continuing after the issue of a full gender recognition certificate, or

• (c) the applicant is a party to a protected civil partnership and the applicant’s civil partner consents to the civil partnership continuing after the issue of a full gender recognition certificate.

• (3) The certificate is to be an interim gender recognition certificate if—

• (a) the applicant is a party to a protected marriage and the applicant's spouse does not consent to the marriage continuing after the issue of a full gender recognition certificate,

• (b) subject to subsection (3C)(a), the applicant is a party to a marriage that is not a protected marriage,

• (c) the applicant is a party to a protected civil partnership and the other party to the civil partnership does not consent to the civil partnership continuing after the issue of a full gender recognition certificate, or

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) subject to subsection (3C)(b) (3C)(c), the applicant is a party to a civil partnership that is not a protected civil partnership.

• (3A) If a Gender Recognition Panel issues a full gender recognition certificate under this section to an applicant who is a party to a protected marriage or a protected civil partnership, the Panel must give the applicant's spouse or civil partner notice of the issue of the certificate.

• (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3C) The certificate is also to be a full gender recognition certificate if—

• (a) the applicant is a party to a protected Scottish marriage and both parties to the marriage consent to the marriage continuing after the issue of a full gender recognition certificate, or

• (b) the applicant is a party to a protected Scottish civil partnership and the Gender Recognition Panel has decided to issue a full gender recognition certificate to the other party to the civil partnership.

• (c) the applicant is a party to a protected Scottish civil partnership and both parties to the partnership consent to it continuing after the issue of a full gender recognition certificate,

• (3D) The certificate is to be an interim gender recognition certificate if—

• (a) the applicant is a party to a protected Scottish marriage and either party to the marriage does not consent to the marriage continuing after the issue of a full gender recognition certificate,

• (b) subject to subsection (2)(b), the applicant is a party to a marriage which is not a protected Scottish marriage,

• (ba) the applicant is a party to a protected Scottish civil partnership and either party to the partnership does not consent to it continuing after the issue of a full gender recognition certificate,

• (c) the applicant is a party to a protected Scottish civil partnership and the other party to the civil partnership has not made an application under section 1(1),

• (d) the applicant is a party to a protected Scottish civil partnership and the Gender Recognition Panel has decided not to issue a full gender recognition certificate to the other party to the civil partnership, or

• (e) subject to subsection (2)(c), the applicant is a party to a civil partnership which is not a protected Scottish civil partnership.

• (3E) If a Gender Recognition Panel issues a full gender recognition certificate under this section to an applicant who is a party to a protected Scottish marriage, the Panel must give the applicant's spouse notice of the issue of the certificate.

• (3EA) ​If a Gender Recognition Panel issues a full gender recognition certificate under this section to an applicant who is a party to a protected Scottish civil partnership, the Panel must give the applicant's civil partner notice of the issue of the certificate.

• (3F) Subsection (3C)(b) is subject to section 5C.

• (4) Schedule 2 (annulment or dissolution of marriage after issue of interim gender recognition certificate) has effect.

• (5) The Secretary of State may, after consulting the Scottish Ministers and the Department of Finance and Personnel in Northern Ireland, specify the content and form of gender recognition certificates.

Subsequent issue of full certificates

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• (1) A court which—

• (a) makes final a nullity of marriage order made on the ground that an interim gender recognition certificate has been issued to a party to the marriage, ...

• (aa) (in Northern Ireland) makes absolute a decree of nullity granted on that ground, or

• (b) (in Scotland) grants a decree of divorce on that ground,

must, on doing so, issue a full gender recognition certificate to that party and send a copy to the Secretary of State.

• (1A) Subsection (1) does not apply where a full gender recognition certificate has already been issued, to the party to whom the interim gender recognition certificate was issued, by the sheriff under section 4E.

• (2) If an interim gender recognition certificate has been issued to a person and either—

• (a) the person’s marriage is dissolved or annulled (otherwise than on the ground mentioned in subsection (1)) in proceedings instituted during the period of six months beginning with the day on which it was issued, or

• (b) the person’s spouse dies within that period,

the person may make an application for a full gender recognition certificate at any time within the period specified in subsection (3) (unless the person is again married or is a civil partner).

• (3) That period is the period of six months beginning with the day on which the marriage is dissolved or annulled or the death occurs.

• (4) An application under subsection (2) must include evidence of the dissolution or annulment of the marriage and the date on which proceedings for it were instituted, or of the death of the spouse and the date on which it occurred.

• (5) An application under subsection (2) is to be determined by a Gender Recognition Panel.

• (6) The Panel—

• (a) must grant the application if satisfied that the applicant is neither married nor a civil partner, and

• (b) otherwise must reject it.

• (7) If the Panel grants the application it must issue a full gender recognition certificate to the applicant.

Errors in certificates

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• (1) Where a gender recognition certificate has been issued to a person, the person or the Secretary of State may make an application for—

• (a) an interim gender recognition certificate, on the ground that a full gender recognition certificate has incorrectly been issued instead of an interim certificate;

• (b) a full gender recognition certificate, on the ground that an interim gender recognition certificate has incorrectly been issued instead of a full certificate; or

• (c) a corrected certificate, on the ground that the certificate which has been issued contains an error.

• (2) If the certificate was issued by a court the application is to be determined by the court but in any other case it is to be determined by a Gender Recognition Panel.

• (3) The court or Panel—

• (a) must grant the application if satisfied that the ground on which the application is made is correct, and

• (b) otherwise must reject it.

• (4) If the court or Panel grants the application it must issue a correct, or a corrected, gender recognition certificate to the applicant.

Applications: supplementary

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• (1) An application to a Gender Recognition Panel under section 1(1), 4A, 4C, ... 5(2) , 5A(2) or 6(1) must be made in a form and manner specified by the Secretary of State after consulting the Scottish Ministers and the Department of Finance and Personnel in Northern Ireland.

• (2) The applicant must pay to the Secretary of State a non-refundable fee of an amount prescribed by order made by the Secretary of State unless the application is made in circumstances in which, in accordance with provision made by the order, no fee is payable; and fees of different amounts may be prescribed for different circumstances.

Appeals etc.

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• (1) An applicant to a Gender Recognition Panel under section 1(1), 4A, 4C, ... 5(2), 5A(2) or 6(1) may appeal to the High Court , family court or Court of Session on a point of law against a decision by the Panel to reject the application.