Gender Recognition Act 2004

Type Public General Act
Publication 2004-07-01
Last updated 2024-01-01
State In force
Department Statute Law Database
articles 1
Reform history JSON API

Articles 18, 19 and 19A of the 1976 Order (re-registration of births) apply where an entry relating to a person’s birth has been made in the Gender Recognition Register as if the references in those Articles to the Registrar General authorising re-registration of the person’s birth were to the Registrar General’s re-registering it.

Correction of errors in Gender Recognition Register

28
  • (1) Any power or duty of the Registrar General to correct, alter, amend, mark or cancel the marking of a person’s UK birth register entry is exercisable, or falls to be performed, by the Registrar General in relation to an entry in the Gender Recognition Register which—
  • (a) relates to that person, and
  • (b) under paragraph 24(1) is included in the index which includes the person’s UK birth register entry.
  • (2) If the person’s UK birth register entry is an entry in the Gender Recognition Register, the references in sub-paragraph (1) to the person’s UK birth register entry are to the most recent entry within section 10(2)(a) or (b) containing a record of the person’s birth or adoption which is not an entry in the Gender Recognition Register.
  • (3) The Registrar General may correct the Gender Recognition Register by entry in the margin (without any alteration of the original entry) in consequence of the issue of a full gender recognition certificate after an application under section 6(1).

Revocation of gender recognition certificate etc.

29
  • (1) This paragraph applies if, after an entry has been made in the Gender Recognition Register in relation to a person, the High Court or the Court of Session makes an order under section 8(6) quashing the decision to grant the person’s application under section 1(1) , 5(2) or 5A(2).
  • (2) The High Court or the Court of Session must inform the Registrar General.
  • (3) Subject to any appeal, the Registrar General must—
  • (a) cancel the entry in the Gender Recognition Register, and
  • (b) cancel, or secure the cancellation of, any marking of an entry relating to the person made by virtue of paragraph 23(1)(b).

Change of name

30

Paragraphs (4) to (6) of Article 37 of the 1976 Order (change of name) apply in relation to the Gender Recognition Register as they apply in relation to a register under that Order.

Evidence

31
  • (1) Article 42 of the 1976 Order (proof of age or death) applies in relation to the Gender Recognition Register as it applies in relation to a register under that Order.
  • (2) A certified copy of an entry made in the Gender Recognition Register in relation to a person is to be received, without further or other proof, as evidence—
  • (a) if the relevant index is the index of the Adopted Children Register, of the matters of which a certified copy of an entry in that Register is evidence,
  • (b) if the relevant index is the index of the Parental Order Register, of the matters of which a certified copy of an entry in that Register is evidence, and
  • (c) otherwise, of the person’s birth.
  • (3) And any certified copy which is receivable in evidence of any matter in England and Wales by virtue of paragraph 10(2)(a) or (b) of this Schedule is also receivable as evidence of that matter in Northern Ireland.

Fees

32

Article 47 of the 1976 Order (fees for searches, certificates etc.) applies in relation to the Gender Recognition Register as it applies in relation to a register under that Order.

SCHEDULE 4

Part 1 — England and Wales

Marriage Act 1949 (c. 76)

1

The Marriage Act 1949 is amended as follows.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

After section 5A insert—

(5B) (1) A clergyman is not obliged to solemnise the marriage of a person if the clergyman reasonably believes that the person’s gender has become the acquired gender under the Gender Recognition Act 2004. (2) A clerk in Holy Orders of the Church in Wales is not obliged to permit the marriage of a person to be solemnised in the church or chapel of which the clerk is the minister if the clerk reasonably believes that the person’s gender has become the acquired gender under that Act.

Matrimonial Causes Act 1973 (c. 18)

4

The Matrimonial Causes Act 1973 is amended as follows.

5

In section 12 (grounds on which a marriage celebrated after 31st July 1971 is voidable), insert at the end—

(h) that the respondent is a person whose gender at the time of the marriage had become the acquired gender under the Gender Recognition Act 2004.

6

In section 13(2), (3) and (4) (bars to relief), for “or (f)” substitute “ , (f) or (h) ”.

Part 2 — Scotland

Marriage (Scotland) Act 1977 (c. 15)

7

In section 2 of the Marriage (Scotland) Act 1977 (marriage of related persons), insert at the end—

(6) Subsections (1A) and (1B) above and paragraphs 2 and 2A of Schedule 1 to this Act have effect subject to the following modifications in the case of a party to a marriage whose gender has become the acquired gender under the Gender Recognition Act 2004 (“the relevant person”). (7) Any reference in those provisions to a former wife or former husband of the relevant person includes (respectively) any former husband or former wife of the relevant person. (8) And— (a) the reference in paragraph (b) of subsection (1B) above to the relevant person’s son’s mother is to the relevant person’s son’s father if the relevant person is the son’s mother; and (b) the reference in paragraph (d) of that subsection to the relevant person’s daughter’s father is to the relevant person’s daughter’s mother if the relevant person is the daughter’s father.

Part 3 — Northern Ireland

Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 (S.I. 1984/1984 (N.I. 14))

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15))

9

The Matrimonial Causes (Northern Ireland) Order 1978 is amended as follows.

10

In Article 14 (grounds on which a marriage celebrated after the commencement of that Article is voidable), insert at the end—

(h) that the respondent is a person whose gender at the time of the marriage had become the acquired gender under the Gender Recognition Act 2004.

11

In Article 16(2), (3) and (4) (bars to relief), for “or (f)” substitute “ , (f) or (h) ”.

SCHEDULE 5

Part 1 — Introductory

1

This Schedule applies where a full gender recognition certificate is issued to a person.

Part 2 — State benefits

Introductory

2
  • (1) In this Part of this Schedule “the 1992 Act” means—
  • (a) in England and Wales and Scotland, the Social Security Contributions and Benefits Act 1992 (c. 4), and
  • (b) in Northern Ireland, the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7).
  • (2) In this Part of this Schedule “the Administration Act” means—
  • (a) in England and Wales and Scotland, the Social Security Administration Act 1992 (c. 5), and
  • (b) in Northern Ireland, the Social Security Administration (Northern Ireland) Act 1992 (c. 8).
  • (3) Expressions used in this Part of this Schedule and in Part 2 of the 1992 Act have the same meaning in this Part of this Schedule as in Part 2 of the 1992 Act.

Widowed mother’s allowance

3
  • (1) If (immediately before the certificate is issued) the person is, or but for section 1 of the Administration Act would be, entitled to a widowed mother’s allowance under section 37 of the 1992 Act (allowance for woman whose husband died before 9th April 2001)—
  • (a) the person is not entitled to that allowance afterwards, but
  • (b) (instead) subsections (2) to (5) of section 39A of the 1992 Act (widowed parent’s allowance) apply in relation to the person.
  • (2) If (immediately before the certificate is issued) the person is (actually) entitled to a widowed mother’s allowance, the entitlement to widowed parent’s allowance conferred by sub-paragraph (1) is not subject to section 1 of the Administration Act.

Widow’s pension

4

If (immediately before the certificate is issued) the person is entitled to a widow’s pension under section 38 of the 1992 Act (pension for woman whose husband died before 9th April 2001), the person is not entitled to that pension afterwards.

Widowed parent’s allowance

5

If (immediately before the certificate is issued) the person is, or but for section 1 of the Administration Act would be, entitled to a widowed parent’s allowance by virtue of subsection (1)(b) of section 39A of the 1992 Act (allowance for man whose wife died before 9th April 2001), subsections (2) to (5) of that section continue to apply in relation to the person afterwards.

Long-term incapacity benefit etc.

6

If (immediately before the certificate is issued) the person is entitled to incapacity benefit, or a Category A retirement pension, under—

  • (a) section 40 of the 1992 Act (long-term incapacity benefit etc. for woman whose husband died before 9th April 2001), or
  • (b) section 41 of the 1992 Act (long-term incapacity benefit etc. for man whose wife died before that date),

the person is not so entitled afterwards.

Category A retirement pension

7
  • (1) Any question—
  • (a) whether the person is entitled to a Category A retirement pension (under section 44 of the 1992 Act) for any period after the certificate is issued, and
  • (b) (if so) the rate at which the person is so entitled for the period,

is to be decided as if the person’s gender had always been the acquired gender (but this is subject to sub-paragraph (3)) .

  • (2) Accordingly, if (immediately before the certificate is issued) the person—
  • (a) is a woman entitled to a Category A retirement pension, but
  • (b) has not attained the age of 65,

the person ceases to be so entitled when it is issued.

  • (3) And, conversely, if (immediately before the certificate is issued) the person—
  • (a) is a man who has attained the age at which a woman of the same age attains pensionable age, but
  • (b) has not attained the age of 65,

the person is to be treated for the purposes of section 44 of the 1992 Act as attaining pensionable age when it is issued.

  • (4) But sub-paragraph (1) does not apply if and to the extent that the decision of any question to which it refers is affected by—
  • (a) the payment or crediting of contributions, or the crediting of earnings, in respect of a period ending before the certificate is issued, or
  • (b) preclusion from regular employment by responsibilities at home for such a period.
  • (5) Paragraph 10 makes provision about deferment of Category A retirement pensions.

Category B retirement pension etc.

8
  • (1) Any question whether the person is entitled to—
  • (a) a Category B retirement pension (under section 48A, 48AA, 48B, 48BB or 51 of the 1992 Act), or
  • (b) an increase in a Category A retirement pension under section 51A or 52 of the 1992 Act (increase in Category A retirement pension by reference to amount of Category B retirement pension),

for any period after the certificate is issued is (in accordance with section 9(1)) to be decided as if the person’s gender were the acquired gender (but subject to sub-paragraph (4)).

  • (2) Accordingly, if (immediately before the certificate is issued) the person is a woman entitled to—
  • (a) a Category B retirement pension, or
  • (b) an increase in a Category A retirement pension under section 51A or 52 of the 1992 Act,

the person may cease to be so entitled when it is issued.

  • (3) And, conversely, if (immediately before the certificate is issued) the person—
  • (a) is a man who has attained the age at which a woman of the same age attains pensionable age, but
  • (b) has not attained the age of 65,

the person is to be treated for the purposes of sections 48A, 48AA, 48B and 48BB of the 1992 Act as attaining pensionable age when it is issued.

  • (4) But a person who is a man (immediately before the certificate is issued) is not entitled to a Category B retirement pension under section 48B of the 1992 Act for any period after it is issued if the person—
  • (a) attains (or has attained) the age of 65 before 6th April 2010, and
  • (b) would not have been entitled to a Category B retirement pension under section 51 of the 1992 Act for that period if still a man.
  • (5) Paragraph 10 makes provision about deferment of Category B retirement pensions.

Shared additional pension

9
  • (1) Any question—
  • (a) whether the person is entitled to a shared additional pension (under section 55A or 55AA of the 1992 Act) for any period after the certificate is issued, and
  • (b) (if so) the rate at which the person is so entitled for the period,

is to be decided on the basis of the person attaining pensionable age on the same date as someone of the acquired gender (and the same age).

  • (2) Accordingly, if (immediately before the certificate is issued) the person—
  • (a) is a woman entitled to a shared additional pension, but
  • (b) has not attained the age of 65,

the person ceases to be so entitled when it is issued.

  • (3) And, conversely, if (immediately before the certificate is issued) the person—
  • (a) is a man who has attained the age at which a woman of the same age attains pensionable age, but
  • (b) has not attained the age of 65,

the person is to be treated for the purposes of section 55A or 55AA of the 1992 Act as attaining pensionable age when it is issued.

  • (4) Paragraph 10 makes provision about deferment of shared additional pensions.

Deferment of pensions

10
  • (1) The person’s entitlement to—
  • (za) a state pension under Part 1 of the Pensions Act 2014,
  • (zb) a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015,
  • (a) a Category A retirement pension,
  • (b) a Category B retirement pension, or
  • (c) a shared additional pension,

is not to be taken to have been deferred for any period ending before the certificate is issued unless the condition in sub-paragraph (2) is satisfied.

  • (2) The condition is that the entitlement both—
  • (a) was actually deferred during the period, and
  • (b) would have been capable of being so deferred had the person’s gender been the acquired gender.

Category C retirement pension for widows

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Graduated retirement benefit: Great Britain

12
  • (1) The provision that may be made by regulations under paragraph 15 of Schedule 3 to the Social Security (Consequential Provisions) Act 1992 (c. 6) (power to retain provisions repealed by Social Security Act 1973 (c. 38), with or without modification, for transitional purposes) includes provision modifying the preserved graduated retirement benefit provisions in consequence of this Act.
  • (2) “The preserved graduated retirement benefit provisions” are the provisions of the National Insurance Act 1965 (c. 51) relating to graduated retirement benefit continued in force, with or without modification, by regulations having effect as if made under that paragraph.

Graduated retirement benefit: Northern Ireland

13
  • (1) The provision that may be made by regulations under paragraph 15 of Schedule 3 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9) (corresponding power for Northern Ireland) includes provision modifying the Northern Ireland preserved graduated retirement benefit provisions in consequence of this Act.
  • (2) “The Northern Ireland preserved graduated retirement benefit provisions” are the provisions of the National Insurance Act (Northern Ireland) 1966 (c. 6 (N.I.)) relating to graduated retirement benefit continued in force, with or without modification, by regulations having effect as if made under that paragraph.

Part 3 — Occupational pension schemes

Guaranteed minimum pensions etc.: Great Britain

14
  • (1) In this paragraph “the 1993 Act” means the Pension Schemes Act 1993 (c. 48); and expressions used in this paragraph and in that Act have the same meaning in this paragraph as in that Act.
  • (2) The fact that the person’s gender has become the acquired gender does not affect the operation of section 14 of the 1993 Act (guaranteed minimum) in relation to the person, except to the extent that its operation depends on section 16 of the 1993 Act (revaluation); and sub-paragraphs (3) and (5) have effect subject to that.
  • (3) If (immediately before the certificate is issued) the person is a woman who is entitled to a guaranteed minimum pension but has not attained the age of 65—
  • (a) the person is for the purposes of section 13 of the 1993 Act and the guaranteed minimum pension provisions to be treated after it is issued as not having attained pensionable age (so that the entitlement ceases) but as attaining pensionable age on subsequently attaining the age of 65, and
  • (b) in a case where the person’s guaranteed minimum pension has commenced before the certificate is issued, it is to be treated for the purposes of Chapter 3 of Part 4 of the 1993 Act (anti-franking) as if it had not.
  • (4) But sub-paragraph (3)(a) does not—
  • (a) affect any pension previously paid to the person, or
  • (b) prevent section 15 of the 1993 Act (increase of guaranteed minimum where commencement of guaranteed minimum pension postponed) operating to increase the person’s guaranteed minimum by reason of a postponement of the commencement of the person’s guaranteed minimum pension for a period ending before the certificate is issued.
  • (5) If (immediately before the certificate is issued) the person is a man who—
  • (a) has attained the age of 60, but
  • (b) has not attained the age of 65,

the person is to be treated for the purposes of section 13 of the 1993 Act and the guaranteed minimum pension provisions as attaining pensionable age when it is issued.

  • (6) If at that time the person has attained the age of 65, the fact that the person’s gender has become the acquired gender does not affect the person’s pensionable age for those purposes.
  • (7) The fact that the person’s gender has become the acquired gender does not affect any guaranteed minimum pension to which the person is entitled as a widow or widower immediately before the certificate is issued (except in consequence of the operation of the previous provisions of this Schedule).
  • (8) If a transaction to which section 19 of the 1993 Act applies which is carried out before the certificate is issued discharges a liability to provide a guaranteed minimum pension for or in respect of the person, it continues to do so afterwards.
  • (9) “The guaranteed minimum pension provision” means so much of the 1993 Act (apart from section 13) and of any other enactment as relates to guaranteed minimum pensions.

Guaranteed minimum pensions etc.: Northern Ireland

15
  • (1) In this paragraph “the 1993 Act” means the Pension Schemes (Northern Ireland) Act 1993 (c. 49); and expressions used in this paragraph and in that Act have the same meaning in this paragraph as in that Act.
  • (2) The fact that the person’s gender has become the acquired gender does not affect the operation of section 10 of the 1993 Act (guaranteed minimum) in relation to the person, except to the extent that its operation depends on section 12 of the 1993 Act (revaluation); and sub-paragraphs (3) and (5) have effect subject to that.
  • (3) If (immediately before the certificate is issued) the person is a woman who is entitled to a guaranteed minimum pension but has not attained the age of 65—
  • (a) the person is for the purposes of section 9 of the 1993 Act and the guaranteed minimum pension provisions to be treated after it is issued as not having attained pensionable age (so that the entitlement ceases) but as attaining pensionable age on subsequently attaining the age of 65, and
  • (b) in a case where the person’s guaranteed minimum pension has commenced before the certificate is issued, it is to be treated for the purposes of Chapter 3 of Part 4 of the 1993 Act (anti-franking) as if it had not.
  • (4) But sub-paragraph (3)(a) does not—
  • (a) affect any pension previously paid to the person, or
  • (b) prevent section 11 of the 1993 Act (increase of guaranteed minimum where commencement of guaranteed minimum pension postponed) operating to increase the person’s guaranteed minimum by reason of a postponement of the commencement of the person’s guaranteed minimum pension for a period ending before the certificate is issued.
  • (5) If (immediately before the certificate is issued) the person is a man who—
  • (a) has attained the age of 60, but
  • (b) has not attained the age of 65,

the person is to be treated for the purposes of section 9 of the 1993 Act and the guaranteed minimum pension provisions as attaining pensionable age when it is issued.

  • (6) If at that time the person has attained the age of 65, the fact that the person’s gender has become the acquired gender does not affect the person’s pensionable age for those purposes.
  • (7) The fact that the person’s gender has become the acquired gender does not affect any guaranteed minimum pension to which the person is entitled as a widow or widower or surviving civil partner immediately before the certificate is issued (except in consequence of the operation of the previous provisions of this Schedule).
  • (8) If a transaction to which section 15 of the 1993 Act applies which is carried out before the certificate is issued discharges a liability to provide a guaranteed minimum pension for or in respect of the person, it continues to do so afterwards.
  • (9) “The guaranteed minimum pension provision” means so much of the 1993 Act (apart from section 9) and of any other enactment as relates to guaranteed minimum pensions.

Equivalent pension benefits: Great Britain

16
  • (1) The provision that may be made by regulations under paragraph 15 of Schedule 3 to the Social Security (Consequential Provisions) Act 1992 (c. 6) (power to retain provisions repealed by Social Security Act 1973 (c. 38), with or without modification, for transitional purposes) includes provision modifying the preserved equivalent pension benefits provisions in consequence of this Act.
  • (2) “The preserved equivalent pension benefits provisions” are the provisions of the National Insurance Act 1965 (c. 51) relating to equivalent pension benefits continued in force, with or without modification, by regulations having effect as if made under that paragraph.

Equivalent pension benefits: Northern Ireland

17
  • (1) The provision that may be made by regulations under paragraph 15 of Schedule 3 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9) (corresponding power for Northern Ireland) includes provision modifying the Northern Ireland preserved equivalent pension benefits provisions in consequence of this Act.
  • (2) “The Northern Ireland preserved equivalent pension benefits provisions” are the provisions of the National Insurance Act (Northern Ireland) 1966 (c. 6 (N.I.)) relating to equivalent pension benefits continued in force, with or without modification, by regulations having effect as if made under that paragraph.

SCHEDULE 6

Part 1 — Great Britain

1

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2

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3

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4

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5

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Part 2 — Northern Ireland

6

The Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15)) is amended as follows.

7

In Article 10A (gender reassignment: exception for genuine occupational qualification), insert at the end—

(4) Paragraph (1) does not apply in relation to discrimination against a person whose gender has become the acquired gender under the Gender Recognition Act 2004.

8

In Article 10B (supplementary exceptions relating to gender reassignment), for paragraph (3) substitute—

(3) Paragraph (2) does not apply in relation to discrimination against a person whose gender has become the acquired gender under the Gender Recognition Act 2004.

9

In Article 12 (discrimination against contract workers), after paragraph (3C) insert—

(3D) Paragraphs (3B) and (3C) do not apply in relation to discrimination against a person whose gender has become the acquired gender under the Gender Recognition Act 2004.

10

In Article 14 (partnerships), after paragraph (3C) insert—

(3D) Paragraphs (3B) and (3C) do not apply in relation to discrimination against a person whose gender has become the acquired gender under the Gender Recognition Act 2004.

Applications

5A
  • (1) A court which—
  • (a) makes final a nullity order made on the ground that an interim gender recognition certificate has been issued to a civil partner, or
  • (b) (in Scotland) grants a decree of dissolution on that ground,

must, on doing so, issue a full gender recognition certificate to that civil partner 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 civil partnership 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 civil partner 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 a civil partner or is married).

  • (3) That period is the period of six months beginning with the day on which the civil partnership is dissolved or annulled or the death occurs.
  • (4) An application under subsection (2) must include evidence of the dissolution or annulment of the civil partnership and the date on which proceedings for it were instituted, or of the death of the civil partner 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 a civil partner nor married, and
  • (b) otherwise must reject it.
  • (7) If the Panel grants the application it must issue a full gender recognition certificate to the applicant.

Issue of full certificates where applicant has been a civil partner

Applications within two years of commencement

List of persons eligible to sit

President

Tenure of persons appointed to list

Membership of Panels

Procedure

Staff and facilities

Money

8A
  • (1) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise any of his functions under this Schedule.
  • (2) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this Schedule.
  • (3) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this Schedule—
  • (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
  • (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Tribunals and Inquiries Act 1992

Disqualification

Introductory

Gender Recognition Register

Entries in Gender Recognition Register and marking of existing birth register entries

Indexing of entries in Gender Recognition Register

Certified copies of entries in Gender Recognition Register

Short certificates of birth compiled from Gender Recognition Register

Gender Recognition Register: re-registration

Correction etc. of Gender Recognition Register

Revocation of gender recognition certificate etc.

Evidence

Regulatory reform

Introductory

Gender Recognition Register

Entries in Gender Recognition Register

Indexing of entries in Gender Recognition Register

Extracts of entries in Gender Recognition Register

Abbreviated extracts of birth compiled from Gender Recognition Register

Gender Recognition Register: correction, re-registration etc.

Revocation of gender recognition certificate etc.

Authentication and admissibility

Introductory

Gender Recognition Register

Entries in Gender Recognition Register and marking of existing birth register entries

Indexing of entries in Gender Recognition Register

Certified copies of entries in Gender Recognition Register

Short certificates of birth compiled from Gender Recognition Register

Gender Recognition Register: re-registration

Correction of errors in Gender Recognition Register

Revocation of gender recognition certificate etc.

Change of name

Evidence

Fees

Marriage Act 1949 (c. 76)

Matrimonial Causes Act 1973 (c. 18)

Marriage (Scotland) Act 1977 (c. 15)

Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 (S.I. 1984/1984 (N.I. 14))

Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15))

Introductory

Widowed mother’s allowance

Widow’s pension

Widowed parent’s allowance

Long-term incapacity benefit etc.

Category A retirement pension

Category B retirement pension etc.

Shared additional pension

Deferment of pensions

...

Graduated retirement benefit: Great Britain

Graduated retirement benefit: Northern Ireland

Guaranteed minimum pensions etc.: Great Britain

Guaranteed minimum pensions etc.: Northern Ireland

Equivalent pension benefits: Great Britain

Equivalent pension benefits: Northern Ireland

Editorial notes

2

Words in s. 3(6)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33) , ss. 250(2)(a) , 263 ; S.I. 2005/3175 , art. 3 , Sch. 2

3

S. 5: heading substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 250(3)(c), 263; S.I. 2005/3175, art. 3, Sch. 2

4

Words in s. 5(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 250(3)(a), 263; S.I. 2005/3175, art. 3, Sch. 2

5

Words in s. 5(6)(a) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 250(3)(b), 263; S.I. 2005/3175, art. 3, Sch. 2

6
7
8

Words in s. 8(5) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 250(5)(b), 263; S.I. 2005/3175, art. 3, Sch. 2

10

Words in s. 22(2)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 250(5)(c), 263; S.I. 2005/3175, art. 3, Sch. 2

11

Words in s. 24(1)(2) repealed (8.1.2007) by Legislative and Regulatory Reform Act 2006 (c. 51), ss. 30, 33, Sch. (with s. 30(2)-(5))

12

Words in s. 24(3) repealed (8.1.2007) by Legislative and Regulatory Reform Act 2006 (c. 51), ss. 30, 33, Sch. (with s. 30(2)-(5))

14

Words in s. 25 substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 250(7), 263 ; S.I. 2005/3175, art. 3, Sch. 2

16

S. 26 power fully exercised: 4.5.2005 appointed by {S.I. 2005/54}, art. 2

21

Words in Sch. 1 para. 1(3)(c) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 5; S.I. 2009/1604, art. 2(d)

24

Words in Sch. 1 para. 5 inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 250(8), 263; S.I. 2005/3175, art. 3, Sch. 2

26

Sch. 3 para. 3(5): functions transferred (3.4.2008) by The Transfer of Functions (Registration) Order 2008 (S.I. 2008/678), art. 3(1), Sch. 1 para. 13 (with art. 4)

27

Words in Sch. 3 para. 3(5) substituted (3.4.2008) by The Transfer of Functions (Registration) Order 2008 (S.I. 2008/678), art. 5(1), Sch. 2 para. 13 (with art. 4)

28

Words in Sch. 3 para. 9(1) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 250(9), 263; S.I. 2005/3175, art. 3, Sch. 2

29

Sch. 3 para. 11 repealed (8.1.2007) by Legislative and Regulatory Reform Act 2006 (c. 51), ss. 30, 33, Sch. (with s. 30(2)-(5))

31

As inserted by the Local Electoral Administration and Registration Services (Scotland) Act 2006 (“the 2006 Act”), section 44(5).

34

Words in Sch. 3 para. 19(1) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 250(9), 263; S.I. 2005/3175, art. 3, Sch. 2

36

As inserted by the 2006 Act, section 44(6).

38

Words in Sch. 3 para. 29(1) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 250(9), 263; S.I. 2005/3175, art. 3, Sch. 2

42

Sch. 6 Pt. 1 repealed (1.10.2010) by Equality Act 2010 (c. 15) Sch. 27 Pt. 1 (as substituted by S.I. 2010/2279, art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2))

43

S. 19 repealed (E.W.S.) by Equality Act 2010, Sch 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2))

45

Words in Sch. 3 para. 22(4) substituted (16.11.2012) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 26(2), 34; S.R. 2012/406, art. 2, Sch.

49

Words in s. 8(1) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 160; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

50

Word in s. 8(5) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 160; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

51

S. 10(1A) inserted (30.6.2014 for specified purposes, 10.12.2014 in so far as not already in force) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 5 para. 9(1); S.I. 2014/1662, art. 2(b); S.I. 2014/3169, art. 2

52

Sch. 3 para. 11A and cross-heading inserted (30.6.2014 for specified purposes, 10.12.2014 in so far as not already in force) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 5 para. 9(2); S.I. 2014/1662, art. 2(b); S.I. 2014/3169, art. 2

53

S. 3B inserted (30.6.2014 for specified purposes, 10.12.2014 in so far as not already in force) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 5 para. 19; S.I. 2014/1662, art. 2(b); S.I. 2014/3169, art. 2

54

Ss. 4A, 4B and cross-heading inserted (10.12.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 5 para. 4; S.I. 2014/3169, art. 2

55
61

S. 4(2)-(3B) substituted for s. 4(2)(3) (10.12.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 5 para. 3; S.I. 2014/3169, art. 2

72

S. 25: definitions of "protected civil partnership" and "protected marriage" inserted (10.12.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 5 para. 14(a); S.I. 2014/3169, art. 2

73

S. 25: definition of "statutory declaration of consent" inserted (10.12.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 5 para. 14(b); S.I. 2014/3169 , art. 2

74

Sch. 1 para. 4(3) inserted (E.W.S.) (10.12.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 5 para. 20; S.I. 2014/3169, art. 2

75

Sch. 3 para. 20A inserted (1.9.2014 for specified purposes, 16.12.2014 in so far as not already in force) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), s. 36, Sch. 2 para. 9(2)(b); S.S.I. 2014/212, art. 2, Sch. (as amended (1.9.2014) by S.S.I. 2014/218, art. 2(3), Sch.); S.S.I. 2014/287, art. 3, Sch.

76

S. 3C inserted (1.9.2014 for specified purposes, 16.12.2014 in so far as not already in force) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), s. 36, Sch. 2 para. 15; S.S.I. 2014/212, art. 2, Sch. (as amended (1.9.2014) by S.S.I. 2014/218, art. 2(3), Sch.); S.S.I. 2014/287, art. 3, Sch.

77

S. 3D inserted (1.9.2014 for specified purposes, 16.12.2014 in so far as not already in force) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), s. 36, Sch. 2 para. 17; S.S.I. 2014/212, art. 2, Sch. (as amended (1.9.2014) by S.S.I. 2014/218, art. 2(3), Sch.); S.S.I. 2014/287, art. 3, Sch.

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