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Gender Recognition Act 2004

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Gender Recognition Act 2004, Cross Heading: Consequences of issue of gender recognition certificate etc. is up to date with all changes known to be in force on or before 15 January 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Consequences of issue of gender recognition certificate etc.U.K.

9GeneralU.K.

(1)Where a full gender recognition certificate is issued to a person, the person’s gender becomes for all purposes the acquired gender (so that, if the acquired gender is the male gender, the person’s sex becomes that of a man and, if it is the female gender, the person’s sex becomes that of a woman).

(2)Subsection (1) does not affect things done, or events occurring, before the certificate is issued; but it does operate for the interpretation of enactments passed, and instruments and other documents made, before the certificate is issued (as well as those passed or made afterwards).

(3)Subsection (1) is subject to provision made by this Act or any other enactment or any subordinate legislation.

10RegistrationU.K.

(1)Where there is a UK birth register entry in relation to a person to whom a full gender recognition certificate is issued, the Secretary of State must send a copy of the certificate to the appropriate Registrar General.

[F1(1A)Where a full gender recognition certificate is issued to a person who is a party to—

(a)a marriage under the law of England and Wales, or

(b)a civil partnership under that law,

the Secretary of State must send a copy of the certificate to the Registrar General for England and Wales.]

[F2(1B)Where a full gender recognition certificate is issued by a Gender Recognition Panel or the sheriff to a person who is a party to a protected Scottish marriage or a protected Scottish civil partnership, the Panel must send a copy of the certificate to the Registrar General for Scotland.]

[F3(1C)Where a full gender recognition certificate is issued to a person who is a party to—

(a)a marriage under the law of Northern Ireland, or

(b)a civil partnership under the law of Northern Ireland,

the Secretary of State must send a copy of the certificate to the Registrar General for Northern Ireland.]

(2)In this Act “UK birth register entry”, in relation to a person to whom a full gender recognition certificate is issued, means—

(a)an entry of which a certified copy is kept by a Registrar General, or

(b)an entry in a register so kept,

containing a record of the person’s birth or adoption (or, if there would otherwise be more than one, the most recent).

(3)The appropriate Registrar General” means whichever of—

(a)the Registrar General for England and Wales,

(b)the Registrar General for Scotland, or

(c)the Registrar General for Northern Ireland,

keeps a certified copy of the person’s UK birth register entry or the register containing that entry.

(4)Schedule 3 (provisions about registration) has effect.

11MarriageU.K.

Schedule 4 (amendments of marriage law) has effect.

[F411AChange in gender of party to marriageU.K.

(1)This section applies in relation to a protected marriage if (by virtue of section 4(2)(b) or 4A) a full gender recognition certificate is issued to a party to the marriage.

(2)The continuity of the protected marriage is not affected by the relevant change in gender.

(3)If the protected marriage is a foreign marriage—

(a)the continuity of the marriage continues by virtue of subsection (2) notwithstanding any impediment under the proper law of the marriage;

(b)the proper law of the marriage is not affected by its continuation by virtue of subsection (2).

(4)In this section—

  • foreign marriage” means a marriage under the law of a country or territory outside the United Kingdom;

  • impediment” means anything which affects the continuation of a marriage merely by virtue of the relevant change in gender;

  • proper law”, in relation to a protected marriage, means the law of the country or territory under which the marriage was entered into;

  • relevant change in gender” means the change or changes of gender occurring by virtue of the issue of the full gender recognition certificate or certificates. ]

[F511BChange in gender of civil partnerU.K.

[F6(1)This section applies in relation to a protected civil partnership if (by virtue of section 4(2)(c) or 4A) a full gender recognition certificate is issued to a party to the partnership.

(2)The continuity of the protected civil partnership is not affected by the relevant change in gender.

(3)If the protected civil partnership is a protected overseas relationship—

(a)the continuity of the civil partnership continues by virtue of subsection (2) notwithstanding any impediment under the relevant law;

(b)the relevant law is not affected by the continuation of the civil partnership by virtue of subsection (2).

(4)In this section—

  • “impediment” means anything which would affect the continuation of the overseas relationship merely by virtue of the relevant change in gender;

  • “relevant change in gender” means the change or changes in gender occurring by virtue of the issue of the full gender recognition certificate or certificates;

  • “relevant law”, in relation to the protected overseas relationship in question, has the same meaning as in Chapter 2 of Part 5 of the Civil Partnership Act 2004.]]

[F6(1)This section applies in relation to a protected civil partnership if (by virtue of section 4(2)(c) or 4A) a full gender recognition certificate is issued to a party to the partnership.

(2)The continuity of the protected civil partnership is not affected by the relevant change in gender.

(3)If the protected civil partnership is a protected overseas relationship—

(a)the continuity of the civil partnership continues by virtue of subsection (2) notwithstanding any impediment under the relevant law;

(b)the relevant law is not affected by the continuation of the civil partnership by virtue of subsection (2).

(4)In this section—

  • “impediment” means anything which would affect the continuation of the overseas relationship merely by virtue of the relevant change in gender;

  • “relevant change in gender” means the change or changes in gender occurring by virtue of the issue of the full gender recognition certificate or certificates;

  • “relevant law”, in relation to the protected overseas relationship in question, has the same meaning as in Chapter 2 of Part 5 of the Civil Partnership Act 2004.]

F7[F811CContinuity of marriage: ScotlandE+W+S

(1)This section applies in relation to a protected Scottish marriage if (by virtue of section 4(3C)(a), 4C or 4E) a full gender recognition certificate is issued to a party to the marriage.

(2)The continuity of the protected Scottish marriage is not affected by the issuing of a full gender recognition certificate.]

F7[F911DContinuity of civil partnership: ScotlandE+W+S

The continuity of a protected Scottish civil partnership is not affected by the issuing of full gender recognition certificates (by virtue of section 4(3C)(b)) to both civil partners.]

12ParenthoodU.K.

The fact that a person’s gender has become the acquired gender under this Act does not affect the status of the person as the father or mother of a child.

13Social security benefits and pensionsU.K.

Schedule 5 (entitlement to benefits and pensions) has effect.

14DiscriminationU.K.

Schedule 6 (amendments of Sex Discrimination Act 1975 (c. 65) and Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))) has effect.

15Succession etc.U.K.

The fact that a person’s gender has become the acquired gender under this Act does not affect the disposal or devolution of property under a will or other instrument made before the appointed day.

16Peerages etc.U.K.

The fact that a person’s gender has become the acquired gender under this Act—

(a)does not affect the descent of any peerage or dignity or title of honour, and

(b)does not affect the devolution of any property limited (expressly or not) by a will or other instrument to devolve (as nearly as the law permits) along with any peerage or dignity or title of honour unless an intention that it should do so is expressed in the will or other instrument.

17Trustees and personal representativesU.K.

(1)A trustee or personal representative is not under a duty, by virtue of the law relating to trusts or the administration of estates, to enquire, before conveying or distributing any property, whether a full gender recognition certificate has been issued to any person or revoked (if that fact could affect entitlement to the property).

(2)A trustee or personal representative is not liable to any person by reason of a conveyance or distribution of the property made without regard to whether a full gender recognition certificate has been issued to any person or revoked if the trustee or personal representative has not received notice of the fact before the conveyance or distribution.

(3)This section does not prejudice the right of a person to follow the property, or any property representing it, into the hands of another person who has received it unless that person has purchased it for value in good faith and without notice.

18Orders where expectations defeatedU.K.

(1)This section applies where the disposition or devolution of any property under a will or other instrument (made on or after the appointed day) is different from what it would be but for the fact that a person’s gender has become the acquired gender under this Act.

(2)A person may apply to the High Court or Court of Session for an order on the ground of being adversely affected by the different disposition or devolution of the property.

(3)The court may, if it is satisfied that it is just to do so, make in relation to any person benefiting from the different disposition or devolution of the property such order as it considers appropriate.

(4)An order may, in particular, make provision for—

(a)the payment of a lump sum to the applicant,

(b)the transfer of property to the applicant,

(c)the settlement of property for the benefit of the applicant,

(d)the acquisition of property and either its transfer to the applicant or its settlement for the benefit of the applicant.

(5)An order may contain consequential or supplementary provisions for giving effect to the order or for ensuring that it operates fairly as between the applicant and the other person or persons affected by it; and an order may, in particular, confer powers on trustees.

[F1019SportU.K.

(1)A body responsible for regulating the participation of persons as competitors in an event or events involving a gender-affected sport may, if subsection (2) is satisfied, prohibit or restrict the participation as competitors in the event or events of persons whose gender has become the acquired gender under this Act.

(2)This subsection is satisfied if the prohibition or restriction is necessary to secure—

(a)fair competition, or

(b)the safety of competitors,

at the event or events.

(3)Sport” means a sport, game or other activity of a competitive nature.

(4)A sport is a gender-affected sport if the physical strength, stamina or physique of average persons of one gender would put them at a disadvantage to average persons of the other gender as competitors in events involving the sport.

(5)This section does not affect—

(a)section 44 of the Sex Discrimination Act 1975 (c. 65) (exception from Parts 2 to 4 of that Act for acts related to sport), or

(b) Article 45 of the Sex Discrimination (Northern Ireland) Order 1976 ( S.I. 1976/1042 (N.I. 15)) (corresponding provision for Northern Ireland). ]

Textual Amendments

F10S. 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))

20Gender-specific offencesU.K.

(1)Where (apart from this subsection) a relevant gender-specific offence could be committed or attempted only if the gender of a person to whom a full gender recognition certificate has been issued were not the acquired gender, the fact that the person’s gender has become the acquired gender does not prevent the offence being committed or attempted.

(2)An offence is a “relevant gender-specific offence” if—

(a)either or both of the conditions in subsection (3) are satisfied, and

(b)the commission of the offence involves the accused engaging in sexual activity.

(3)The conditions are—

(a)that the offence may be committed only by a person of a particular gender, and

(b)that the offence may be committed only on, or in relation to, a person of a particular gender,

and the references to a particular gender include a gender identified by reference to the gender of the other person involved.

21Foreign gender change and marriageU.K.

(1)A person’s gender is not to be regarded as having changed by reason only that it has changed under the law of a country or territory outside the United Kingdom.

F11(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12F13(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12F13(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12F13(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12F13(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Nothing in this section prevents the exercise of any enforceable [F14EU] right.

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