The Family Proceedings (Amendment No. 3) Rules 2005

Amendments to the Family Proceedings Rules 1991

This section has no associated Explanatory Memorandum

15.  After rule 3.23, insert—

Reference under section 8(5) of the Gender Recognition Act 2004

3.24.(1) A reference to the High Court under section 8(5) of the Gender Recognition Act 2004 must be made by an originating summons issued out of the principal registry.

(2) The Secretary of State is to be referred to as the applicant and the respondent is the person whose application under section 1(1), 5(2) or 6(1) of the Gender Recognition Act 2004 was granted.

(3) The originating summons must be served on the President of Gender Recognition Panels and such other persons as the court may direct.

(4) Where the applicant knows that—

(a)the respondent is a party to a cause in which the petition or answer prays for a decree of nullity under section 12(g) of, or paragraph 11(1)(e) of Schedule 1 to, the Act of 1973, he must—

(i)give particulars of those proceedings in the originating summons, and

(ii)serve the originating summons on the court in which that petition is pending (where he has sufficient information to do so);

(b)a full gender recognition certificate has been issued to the respondent under section 5(1) of the Gender Recognition Act 2004, he must give particulars of this in the originating summons.

(5) A copy of any order of the court made on the reference must be served on—

(a)the parties,

(b)the President of Gender Recognition Panels,

(c)where sufficient particulars have been provided under paragraph (4)(a)(i), on the court in which any such cause is pending,

and may be served on such other persons as the court thinks fit.