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Gender Recognition Act 2004

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Part 3N.I.Northern Ireland

IntroductoryN.I.

21N.I.In this Part—

  • the Registrar General” means the Registrar General for Northern Ireland, and

  • the 1976 Order” means the Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 (N.I. 14)).

Gender Recognition RegisterN.I.

22(1)The Registrar General must maintain, in the General Register Office in Northern Ireland, a register to be called the Gender Recognition Register.N.I.

(2)In this Part “the Gender Recognition Register” means the register maintained under sub-paragraph (1).

(3)The form in which the Gender Recognition Register is maintained is to be determined by the Registrar General.

(4)[F1Subject to sub-paragraph (5), the] Gender Recognition Register is not to be open to public inspection or search.

[F2(5)The Department of Finance and Personnel may by regulations make provision for any person to have access, on payment of the prescribed fee, to any information contained in the Gender Recognition Register.

(6)Regulations under sub-paragraph (5) may provide that the relevant period must have expired in relation to the information.

(7) In sub-paragraph (6) “ the relevant period ” in relation to information relating to a person means the period of 100 years from the date of that person's birth or such other period as may be prescribed.

(8)Regulations under sub-paragraph (5) may provide for the Registrar General—

(a)to make arrangements with any person for the purpose of providing access to information as mentioned in that sub-paragraph; and

(b)for that purpose to transfer information to that person subject to conditions (including conditions as to the making of payments by that person to the Registrar General).]

Textual Amendments

F1Words in Sch. 3 para. 22(4) substituted (16.11.2012) by Civil Registration Act (Northern Ireland) 2011 (c. 20), ss. 26(2), 34; S.R. 2012/406, art. 2, Sch.

Entries in Gender Recognition Register and marking of existing birth register entriesN.I.

23(1)If the Registrar General receives under section 10(1) a copy of a full gender recognition certificate issued to a person, the Registrar General must—N.I.

(a)make an entry in the Gender Recognition Register containing such particulars as may be prescribed in relation to the person’s birth and any other prescribed matter,

(b)secure that the UK birth register entry is marked in such manner as may be prescribed, and

(c)make traceable the connection between the entry in the Gender Recognition Register and the UK birth register entry.

(2)Sub-paragraph (1) does not apply if the gender recognition certificate was issued after an application under section 6(1) and that sub-paragraph has already been complied with in relation to the person.

(3)No certified copy of the UK birth register entry and no short certificate of birth compiled from that entry is to include anything marked by virtue of sub-paragraph (1)(b).

(4)Information kept by the Registrar General for the purposes of sub-paragraph (1)(c) is not to be open to public inspection or search.

(5)Prescribed” means prescribed by regulations made by the Department of Finance and Personnel.

Indexing of entries in Gender Recognition RegisterN.I.

24(1)The Registrar General must make arrangements for each entry made in the Gender Recognition Register to be included in the relevant index kept in the General Register Office in Northern Ireland.N.I.

(2)Any right to search the relevant index includes the right to search entries included in it by virtue of sub-paragraph (1).

(3)Where by virtue of sub-paragraph (1) an index includes entries in the Gender Recognition Register, the index must not disclose that fact.

(4)The relevant index”, in relation to an entry made in the Gender Recognition Register in relation to a person, means the index of the entries in registers which includes the UK birth register entry.

Certified copies of entries in Gender Recognition RegisterN.I.

25(1)Anyone who may have a certified copy of the UK birth register entry of a person issued with a full gender recognition certificate may have a certified copy of the entry made in relation to the person in the Gender Recognition Register.N.I.

(2)Any fee which would be payable for a certified copy of the person’s UK birth register entry is payable for a certified copy of the entry made in relation to the person in the Gender Recognition Register.

(3)If the person’s UK birth register entry is an entry in the Gender Recognition Register, sub-paragraph (1) applies as if the person’s UK birth register entry were the most recent entry within section 10(2)(a) or (b) containing a record of the person’s birth or adoption which is not an entry in the Gender Recognition Register.

(4)A certified copy of an entry in the Gender Recognition Register must not disclose the fact that the entry is contained in the Gender Recognition Register.

(5)A certified copy of an entry in the Gender Recognition Register must be sealed or stamped with the seal of the General Register Office in Northern Ireland.

Short certificates of birth compiled from Gender Recognition RegisterN.I.

26N.I.Where a short certificate of birth under Article 40 of the 1976 Order is compiled from the Gender Recognition Register, the certificate must not disclose that fact.

Gender Recognition Register: re-registrationN.I.

27N.I.Articles 18, 19 and 19A of the 1976 Order (re-registration of births) apply where an entry relating to a person’s birth has been made in the Gender Recognition Register as if the references in those Articles to the Registrar General authorising re-registration of the person’s birth were to the Registrar General’s re-registering it.

Correction of errors in Gender Recognition RegisterN.I.

28(1)Any power or duty of the Registrar General to correct, alter, amend, mark or cancel the marking of a person’s UK birth register entry is exercisable, or falls to be performed, by the Registrar General in relation to an entry in the Gender Recognition Register which—N.I.

(a)relates to that person, and

(b)under paragraph 24(1) is included in the index which includes the person’s UK birth register entry.

(2)If the person’s UK birth register entry is an entry in the Gender Recognition Register, the references in sub-paragraph (1) to the person’s UK birth register entry are to the most recent entry within section 10(2)(a) or (b) containing a record of the person’s birth or adoption which is not an entry in the Gender Recognition Register.

(3)The Registrar General may correct the Gender Recognition Register by entry in the margin (without any alteration of the original entry) in consequence of the issue of a full gender recognition certificate after an application under section 6(1).

Revocation of gender recognition certificate etc.N.I.

29(1)This paragraph applies if, after an entry has been made in the Gender Recognition Register in relation to a person, the High Court or the Court of Session makes an order under section 8(6) quashing the decision to grant the person’s application under section 1(1) [F3, 5(2) or 5A(2)].N.I.

(2)The High Court or the Court of Session must inform the Registrar General.

(3)Subject to any appeal, the Registrar General must—

(a)cancel the entry in the Gender Recognition Register, and

(b)cancel, or secure the cancellation of, any marking of an entry relating to the person made by virtue of paragraph 23(1)(b).

Textual Amendments

F3Words in Sch. 3 para. 29(1) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 250(9), 263; S.I. 2005/3175, art. 3, Sch. 2

Change of nameN.I.

30N.I.Paragraphs (4) to (6) of Article 37 of the 1976 Order (change of name) apply in relation to the Gender Recognition Register as they apply in relation to a register under that Order.

EvidenceN.I.

31(1)Article 42 of the 1976 Order (proof of age or death) applies in relation to the Gender Recognition Register as it applies in relation to a register under that Order.N.I.

(2)A certified copy of an entry made in the Gender Recognition Register in relation to a person is to be received, without further or other proof, as evidence—

(a)if the relevant index is the index of the Adopted Children Register, of the matters of which a certified copy of an entry in that Register is evidence,

(b)if the relevant index is the index of the Parental Order Register, of the matters of which a certified copy of an entry in that Register is evidence, and

(c)otherwise, of the person’s birth.

(3)And any certified copy which is receivable in evidence of any matter in England and Wales by virtue of paragraph 10(2)(a) or (b) of this Schedule is also receivable as evidence of that matter in Northern Ireland.

FeesN.I.

32N.I.Article 47 of the 1976 Order (fees for searches, certificates etc.) applies in relation to the Gender Recognition Register as it applies in relation to a register under that Order.

[F4Registration of marriages and civil partnershipsN.I.

33.(1)The Department of Finance in Northern Ireland may by regulations make provision about—N.I.

(a)the registration of qualifying marriages, and

(b)the registration of qualifying civil partnerships.

(2)Regulations under sub-paragraph (1) may, in particular, make provision for—

(a)the maintenance of—

(i)a separate register in relation to qualifying marriages, and

(ii)a separate register in relation to qualifying civil partnerships;

(b)fees to be payable in respect of things done under the regulations.

(3)Regulations under sub-paragraph (1) may make different provision for different cases or circumstances.

(4)In this paragraph—

  • “qualifying civil partnership” means a civil partnership under the law of Northern Ireland in a case where a full gender recognition certificate has been issued to one, or each, of the civil partners;

  • “qualifying marriage” means a marriage under the law of Northern Ireland in a case where a full gender recognition certificate has been issued to one, or each, of the spouses.]

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