Gender Recognition Act 2004 (c. 7)

Applications for gender recognition certificate U.K.

[F1 3B Evidence for granting applications on alternative grounds U.K.

(1) This section applies 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.

(2) The application must include either—

(a) a report made by a registered medical practitioner, or

(b) a report made by a registered psychologist practising in the field of gender dysphoria.

(3) If the application is based on the applicant having or having had gender dysphoria—

(a) the reference in subsection (2) to a registered medical practitioner is to one practising in the field of gender dysphoria, and

(b) that subsection is not complied with unless the report includes details of the diagnosis of the applicant's gender dysphoria.

(4) Subsection (2) 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 the report required by that subsection includes details of it.

(5) The application must also include a statutory declaration by the applicant that the applicant meets the conditions in section 3A(3) and (4).

(6) The application 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.

(7) If the applicant is married, the application 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.

[F2 (7A) If the applicant is a civil partner, the application 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.]

(8) If the applicant is married [F3 or a civil partner], and the marriage [F4 or civil partnership] is a protected marriage [F5 or a protected civil partnership], the application must also include—

(a) a statutory declaration of consent by the applicant's spouse [F6 or civil partner] (if the spouse [F7 or partner] has made such a declaration), or

(b) a statutory declaration by the applicant that the applicant's spouse [F8 or civil partner] has not made a statutory declaration of consent (if that is the case).

(9) If the application includes a statutory declaration of consent by the applicant's spouse [F9 or civil partner], the Panel must give the spouse [F10 or partner] notice that the application has been made.

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

Textual Amendments

F1 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

F2 S. 3B(7A) inserted (E.W.S.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 25(2) (with reg. 35)

F3 Words in s. 3B(8) inserted (E.W.S.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 25(3)(a)(i) (with reg. 35)

F4 Words in s. 3B(8) inserted (E.W.S.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 25(3)(a)(ii) (with reg. 35)

F5 Words in s. 3B(8) inserted (E.W.S.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 25(3)(a)(iii) (with reg. 35)

F6 Words in s. 3B(8)(a) inserted (E.W.S.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 25(3)(b)(i) (with reg. 35)

F7 Words in s. 3B(8)(a) inserted (E.W.S.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 25(3)(b)(ii) (with reg. 35)

F8 Words in s. 3B(8)(b) inserted (E.W.S.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 25(3)(c) (with reg. 35)

F9 Words in s. 3B(9) inserted (E.W.S.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 25(4)(a) (with reg. 35)

F10 Words in s. 3B(9) inserted (E.W.S.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 25(4)(b) (with reg. 35)

Modifications etc. (not altering text)

C1 S. 3B 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)