Gender Recognition Act 2004

Section 1

SCHEDULE 1 U.K. Gender Recognition Panels

List of persons eligible to sit U.K.

1 (1) [F1 Subject to sub-paragraph (1A), the Lord Chancellor] must, after consulting the Scottish Ministers and the Department of Finance and Personnel in Northern Ireland, make appointments to a list of persons eligible to sit as members of Gender Recognition Panels. U.K.

[F2 (1A) The Lord Chancellor may appoint a person under sub-paragraph (1) only with the concurrence of all of the following—

(a) the Lord Chief Justice of England and Wales;

(b) the Lord President of the Court of Session;

(c) the Lord Chief Justice of Northern Ireland.]

(2) The only persons who may be appointed to the list are persons who—

(a) have a relevant legal qualification (“legal members”), or

(b) are registered medical practitioners or [F3 registered psychologists] (“medical members”).

(3) The following have a relevant legal qualification—

(a) a person who has a 7 year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41),

(b) an advocate or solicitor in Scotland of at least seven years' standing, and

(c) a member of the Bar of Northern Ireland or [F4 solicitor of the Court of Judicature of Northern Ireland] of at least seven years' standing.

Textual Amendments

F1 Words in Sch. 1 para. 1(1) substituted (3.4.2006) by The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006 (S.I. 2006/1016), art. 2, Sch. 1 para. 13

F2 Sch. 1 para. 1(1A) inserted (3.4.2006) by The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006 (S.I. 2006/1016), art. 2, Sch. 1 para. 14

F3 Words in Sch. 1 para. 1(2)(b) substituted (1.7.2009) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 4(2), Sch. 5 para. 8(d) (with arts. 9, 10); S.I. 2009/1357, art. 2(d)

F4 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)

President U.K.

2 (1) [F5 Subject to sub-paragraph (1A), the Lord Chancellor] must, after consulting the Scottish Ministers and the Department of Finance and Personnel in Northern Ireland— U.K.

(a) appoint one of the legal members to be the President of Gender Recognition Panels (“the President”), and

(b) appoint another of the legal members to be the Deputy President of Gender Recognition Panels (“the Deputy President”).

[F6 (1A) The Lord Chancellor may appoint a person under sub-paragraph (1) only with the concurrence of all of the following—

(a) the Lord Chief Justice of England and Wales;

(b) the Lord President of the Court of Session;

(c) the Lord Chief Justice of Northern Ireland.]

(2) The Deputy President has the functions of the President—

(a) if the President is unavailable, and

(b) during any vacancy in the office of President.

Textual Amendments

F5 Words in Sch. 1 para. 2(1) substituted (3.4.2006) by The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006 (S.I. 2006/1016), art. 2, Sch. 1 para. 15

F6 Sch. 1 para. 2(1A) inserted (3.4.2006) by The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006 (S.I. 2006/1016), art. 2, Sch. 1 para. 16

Tenure of persons appointed to list U.K.

3 U.K. Persons on the list—

(a) hold and vacate their appointments in accordance with the terms on which they are appointed, and

(b) are eligible for re-appointment at the end of their period of appointment.

Membership of Panels U.K.

4 (1) The President must make arrangements for determining the membership of Panels. U.K.

(2) The arrangements must ensure that a Panel determining an application under section 1(1)(a) includes—

(a) at least one legal member, and

(b) at least one medical member.

[F7 (3) But a Panel need not include a medical member when determining an application under section 1(1)(a) for a certificate to be granted in accordance with section 3A.]

[F8 (4) But a Panel need not include a medical member when determining an application under section 1(1)(a) for a certificate to be granted in accordance with section 3C.]

Textual Amendments

F7 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

F8 Sch. 1 para. 4(4) inserted (S.) (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), s. 36, Sch. 2 para. 18; S.S.I. 2014/287, art. 3, Sch.

Modifications etc. (not altering text)

C1 Sch. 1 para. 4(3) extended to Northern Ireland (N.I.) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 42(1) (with regs. 6-9)

5 U.K. The arrangements must ensure that a Panel determining an application under section 1(1)(b), 5(2) [F9 , 5A(2)] or 6(1) includes at least one legal member.

Textual Amendments

F9 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

Procedure U.K.

6 (1) Where a Panel consists of more than one member, either the President or Deputy President or another legal member nominated by the President must preside. U.K.

(2) Decisions of a Panel consisting of more than one member may be taken by majority vote (and, if its members are evenly split, the member presiding has a casting vote).

(3) Panels are to determine applications in private.

(4) A Panel must determine an application without a hearing unless the Panel considers that a hearing is necessary.

(5) The President mayF10 ... give directions about the practice and procedure of Panels.

(6) Panels must give reasons for their decisions.

(7) Where a Panel has determined an application, the Secretary of State must communicate to the applicant the Panel’s decision and its reasons for making its decision.

Textual Amendments

F10 Words in Sch. 1 para. 6(5) omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 28(a)

Staff and facilities U.K.

7 U.K. The Secretary of State may make staff and other facilities available to Panels.

Money U.K.

8 (1) The Secretary of State may pay sums by way of remuneration, allowances and expenses to members of Panels. U.K.

(2) The Secretary of State may pay compensation to a person who ceases to be on the list if the Secretary of State thinks it appropriate to do so because of special circumstances.

Delegation U.K.

[F11 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).]

Textual Amendments

F11 Sch. 1 para. 8A inserted (3.4.2006) by T he Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006 (S.I. 2006/1016), Sch. 1 para. 17

[F12 Tribunals and Inquiries Act 1992] U.K.

Textual Amendments

F12 Sch. 1 cross-heading substituted (19.9.2013) by The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 28(b)

9 U.K. In Schedule 1 to the Tribunals and Inquiries Act 1992 (c. 53) ([F13 tribunals to which that Act applies]), before paragraph 22 insert—

“Gender Recognition

21AA. Gender Recognition Panels constituted under Schedule 1 to the Gender Recognition Act 2004 (c. 7).”

Textual Amendments

F13 Words in Sch. 1 para. 9 substituted (19.9.2013) by The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 28(c)

Disqualification U.K.

10 U.K. In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (offices disqualifying person from membership of House of Commons), at the appropriate place insert— “ Person on the list of those eligible to sit as members of a Gender Recognition Panel. ”

11 U.K. In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (offices disqualifying persons from membership of Northern Ireland Assembly), at the appropriate place insert— “ Person on the list of those eligible to sit as members of a Gender Recognition Panel. ”