Gender Recognition Act 2004

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8Appeals etc.U.K.

This section has no associated Explanatory Notes

(1)An applicant to a Gender Recognition Panel under section 1(1), [F14A, ] [F24C, F3...] 5(2)[F4, 5A(2)] or 6(1) may appeal to the High Court[F5 , family court] or Court of Session on a point of law against a decision by the Panel to reject the application.

(2)An appeal under subsection (1) must be heard in private if the applicant so requests.

(3)On such an appeal the court must—

(a)allow the appeal and issue the certificate applied for,

(b)allow the appeal and refer the matter to the same or another Panel for re-consideration, or

(c)dismiss the appeal.

(4)If an application under section 1(1) is rejected, the applicant may not make another application before the end of the period of six months beginning with the date on which it is rejected.

(5)If an application under section 1(1), [F64A,] [F74C, 4E, F8...] 5(2)[F9, 5A(2)] or 6(1) is granted but the Secretary of State considers that its grant was secured by fraud, the Secretary of State may refer the case to the High Court [F10 , family court ] or Court of Session.

[F11(5A)If an application under section 1(1), 4A, 5(2), 5A(2) or 6(1) is granted, the applicant's spouse [F12or civil partner] may apply to the High Court or Court of Session to quash the decision to grant the application on the grounds that its grant was secured by fraud.]

[F13(5B)If an application under section 1(1), 4C, 4E, F14... 5(2), 5A(2) or 6(1) is granted, the applicant's spouse or civil partner may apply to the Court of Session to quash the decision to grant the application on the grounds that its grant was secured by fraud.]

[F15(5C)If an application under section 4C is granted, the applicant’s spouse or civil partner may apply to the High Court to quash the decision to grant the application on the grounds that its grant was secured by fraud.]

(6)On a reference under subsection (5) [F16or an application under subsection (5A) ] [F17or an application under subsection (5B)] the court—

(a)must either quash or confirm the decision to grant the application, and

(b)if it quashes it, must revoke the gender recognition certificate issued on the grant of the application and may make any order which it considers appropriate in consequence of, or otherwise in connection with, doing so.

Textual Amendments

F1Word in s. 8(1) inserted (10.12.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 5 para. 8(a); S.I. 2014/3169, art. 2

F2Words in s. 8(1) inserted (S.) (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), s. 36, Sch. 2 para. 8(a); S.S.I. 2014/287, art. 3, Sch.

F3Word in s. 8(1) repealed (S.) (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(13)(a); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)

F4Word in s. 8(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 250(5)(b), 263; S.I. 2005/3175, art. 3, Sch. 2

F5Words in s. 8(1) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 160; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F6Word in s. 8(5) inserted (10.12.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 5 para. 8(b); S.I. 2014/3169, art. 2

F7Words in s. 8(5) inserted (S.) (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), s. 36, Sch. 2 para. 8(b); S.S.I. 2014/287, art. 3, Sch.

F8Word in s. 8(5) repealed (S.) (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(13)(b); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)

F9Words in s. 8(5) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 250(5)(b), 263; S.I. 2005/3175, art. 3, Sch. 2

F10Word in s. 8(5) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 160; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F11S. 8(5A) inserted (10.12.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 5 para. 8(c); S.I. 2014/3169, art. 2