The Gender Recognition (Application Fees) (Amendment) Order 2009

Statutory Instruments

2009 No. 489

Gender Recognition

The Gender Recognition (Application Fees) (Amendment) Order 2009

Made

4th March 2009

Laid before Parliament

6th March 2009

Coming into force

6th April 2009

The Secretary of State, in exercise of the powers conferred upon him by sections 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 2009 and comes into force on 6th April 2009.

Amendments to the Gender Recognition (Application Fees) Order 2006

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

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

(1) in the first entry, for “£24,956” substitute “£26,204”, and

(2) for the second entry substitute “Greater than £17,474 but not greater than £26,204”.

4.  In article 3 (circumstances in which no fee is payable), in paragraph (a)(ii), for “£16,642” substitute “£17,474”.

5.  In article 5 (definition of qualifying benefit), in paragraph (b), for “£16,642” substitute “£17,474”.

Transitional provision

6.  This Order does not apply in relation to applications made before 6th April 2009.

Signed by authority of the Secretary of State

Michael Wills

Minister of State

Ministry of Justice

4th March 2009

EXPLANATORY NOTE

(This note is not part of the Order)

Section 7(2) of the Gender Recognition Act 2004 (c.7) (“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, amended by S.I. 2007/839, 2008/715, 2008/1879 and S.R. (NI) 2008 No 412) (“the Fees Order”) 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 comes into force on 6th April 2009 in relation to applications made on or after that date, amends the Fees Order to increase those income thresholds. It raises the income above which a fee of £30 becomes payable from £16,642 to £17,474 and raises the income above which a fee of £140 becomes payable from £24,956 to £26,204.

(1)

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

(2)

S.I. 2006/758, amended by S.I. 2007/839, 2008/715, 2008/1879 and S.R. (NI) 2008 No 412.