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Statutory Instruments

2012 No. 920

Gender Recognition

The Gender Recognition (Application Fees) (Amendment) Order 2012

Made

22nd March 2012

Laid before Parliament

26th March 2012

Coming into force

16th April 2012

The Secretary of State, in exercise of the powers conferred upon him by section 7(2) and 24(1) of the Gender Recognition Act 2004(1), makes the following Order:

Citation and commencement

1.  This Order may be cited as the Gender Recognition (Application Fees) (Amendment) Order 2012 and comes into force on 16th April 2012.

Amendments to the Gender Recognition (Application Fees) Order 2006

2.  The Gender Recognition (Application Fees) Order 2006(2) is amended as follows—

(a)in article 2 (application fees), in the first column of the table (relevant income of applicant)—

(i)in the first entry for “£27,005” substitute “£28,415”, and

(ii)for the second entry substitute “Greater than £18,948, but not greater than £28,415”;

(b)in article 3 (circumstances in which no fee is payable), in paragraph (a)(ii), for “£18,008” substitute “£18,948”; and

(c)in article 5 (definition of qualifying benefit), in paragraph (b), for “£18,008” substitute “£18,948”.

Transitional provision

3.  This Order does not apply in relation to applications made before 16th April 2012.

Signed by authority of the Secretary of State

McNally

Minister of State

Ministry of Justice

22nd March 2012

EXPLANATORY NOTE

(This note is not part of the Order)

Section 7(2) of the Gender Recognition Act 2004 (the “Act”) provides that fees are payable for certain applications to a Gender Recognition Panel under the Act. The Gender Recognition (Application Fees) Order 2006 (S.I. 2006/758) (the “Fees Order”), as amended, prescribes the level of those fees and the circumstances in which no fee is payable. Two levels of fee are prescribed, depending on the income of the applicant. This Order, which only has effect in relation to applications made on or after 16th April 2012, amends the Fees Order to increase those income thresholds. It raises the income above which a fee of £30 becomes payable from £18,008 to £18,948 and raises the income above which a fee of £140 becomes payable from £27,005 to £28,415.

(1)

2004 c.7; section 7 was amended by the Civil Partnership Act 2004 (c.33), section 250.