Text of Alex Carlile's Gender Identity Bill (Feb 1996)

THE GENDER IDENTITY (REGISTRATION AND CIVIL STATUS) BILL 1996

A BILL to make provision in relation to sex reassignment treatment and the registration and civil status of those who have undergone such treatment.

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

PART 1
PRELIMINARY

[Interpretation]

1. In this Act unless the contrary otherwise appears —

"court" means a Judge or District Judge of the High Court;
"gender identity clinic" means a clinic or institution recognised by the Secretary of State as having qualified and capable practitioners in the disciplines required for the carrying out of sex reassignment treatment;
"High Court" means the Family Division of the Supreme Court of Justice which shall have jurisdiction for the purposes set out in this Act;
"prescribed" means prescribed in regulations made by the Secretary of State by statutory instrument;
"sex reassignment treatment" means all necessary prescribed and recognised treatment required and followed for a continuous period of not less than two years including psychiatric, hormonal and surgical or other treatment advisable in the opinion of those involved in such treatment at a gender identity clinic in the case of a transsexual; and
"transsexual" means a person who manifests that type of gender identity dysphoria which has necessitated the undertaking of an appropriate course of psychiatric, medical and surgical treatment as advised and certified by the gender identity clinic where such treatment was carried out resulting in the acquisition so far as possible of the physical characteristics of a sex opposite to that which appears on the original birth certificate of such person.  This definition does not apply in the case of persons mentioned for the purposes of sections 8 and 10 below.

Part II
PRELIMINARY RECOGNITION CERTIFICATE

[Application for recognition certificate]

2.(1) Any transsexual born in the United Kingdom and who has attained the age of 18 years (either before or after the commencement of this Act) who is unmarried or no longer married may apply to the High Court for the issue of a recognition certificate for the purposes of this Act—

1. if the sex reassignment treatment is carried out in the United Kingdom in accordance with this Act;
2. if the applicant has been legally resident in the United Kingdom during the whole or part of such treatment and at the time of the application; and
3. (c) if the birth of the applicant is registered in the United Kingdom.

(2) The application may be issued out of the Principal or any District Registry and must be in the prescribed form and accompanied by the prescribed fee and a copy of such application must be served on—

1. the Secretary of state; and
2. any other person who should in the opinion of the Court be served with notice of the application.

(3) A person referred to in subsection (1) above is entitled to appear at the hearing of the application and to make submissions to the Court.

(4) The Court may issue a recognition certificate if the Court is satisfied—

1. that the facts stated in the application are true and accord with the requirements of subsection (1) above; and
2. that the applicant has adopted the lifestyle and has the psychological and physical characteristics of the sex to which that person has been reassigned as a result of sex reassignment treatment.

(5) Applications to the High Court for the purposes of this section shall be deemed family business under the Rules of the Supreme Court.

[Evidence]

3.(1) Proceedings under section 2 above shall be conducted in private and, subject to any further requirements of the Court, shall be on statutory declaration provided by those practitioners involved in the provision of the sex reassignment treatment which shall contain—

1. a statement signed by each of the medical practitioners concerned in the giving of the sex reassignment treatment that the person concerned has undergone all necessary and advisable surgical and other procedures effective to give that person the physical and psychological conformation of a person of the sex reassigned so far as is possible in that particular case; and
2. a declaration by a suitably qualified independent medical practitioner that he has examined the transsexual and on the basis of the examination is satisfied that all psychiatric, surgical and medical procedures that have effectively given the person the physical conformation of one of the sex concerned have been carried out satisfactorily; and
3. any other evidence which may be required to the like effect.

(2) An appeal lies to the Court of Appeal against a decision to refuse a recognition certificate under the provisions of this section.

PART III
REGISTRATION

[Effect of recognition certificate]

4. A recognition certificate shall be conclusive evidence that the person to whom it applies—

1. has undergone sex reassignment treatment; and
2. is of the sex stated in the certificate as from the date of such certificate for all purposes specified or required by law

but shall have no legal effect for any purposes, public or private, prior to that date.

Without prejudice to the generality of the foregoing the certificate shall have no effect upon third party rights or obligations acquired or incurred prior to such date whether under statute, the general law, Orders of Court or under contracts, wills, intestacy, trusts, or other private documents.

[Records]

5.(1) Upon the granting of a recognition certificate relating to a person whose birth is registered in the United Kingdom the same may be produced to the Registrar General of Births and Deaths whereupon the Registrar General must—

1. register the reassignment of sex; and
2. make and direct such other entries on any index kept for the purpose as may be necessary in view of the reassignment including a change of forename.

(2) The manner of making any alterations in the original birth certificate required by this section shall be as laid down by Regulation 56(2) of the Registration of Births and Deaths Regulations 1987 by marginal note. [S.I. 1987/2088]

[New certificate]

6.(1) After such entries have been made as provided in section 5 above the Registrar General shall issue to the person whose certificate it is, or to any other authorised person, a new certificate relating to birth in a form which does not manifestly show any alteration to any former birth certificate save as to the sex and forename of the person named therein, except that such certificate may bear a code or number which by inference implies that earlier information is recorded in respect of the individual named therein.

(2) Any new certificate issued shall—

1. (a) where new names have been included contain the new names as if they had been the person’s names since birth; and
2. (b) contain the information of the reassigned sex of the person as if the person had always been a person of that sex.

[Searches and copy documents]

7. Notwithstanding the general provisions of sections 30 to 34 of the Births and Deaths Registration Act 1953 [1953 c. 20], no person shall be permitted by the Registrar General or any Superintendent Registrar to inspect any documents or records to which an application under section 3 above relates nor be provided with copies, extracts or printouts from such documents or records unless—

1. the same is required by an Executor, Administrator or Trustee of a Trust and is material for the administration of that estate or trust; or
2. the same is required for and is material for the purposes of investigating whether the parties to a proposed marriage are man and woman and the applicant is a celebrant as defined by the Marriage Act of 1949 [1949 c. 76]; or
3. The applicant is the person to whom the information relates; or
4. 100 years have passed since the death of the person to whom the information relates; or
5. upon an order of the High Court on any other special ground.

[Pre-Act and transitional cases]

8.(1) An applicant under section 2 above for a recognition certificate whose treatment for the condition of transsexualism was completed before the coming into force of this Act or which commenced before that date but is completed at a later date shall not be excluded from making such application by reason only that the sex reassignment treatment received was not wholly undertaken—

1. in the United Kingdom; or
2. by or under the control of a recognised gender identity clinic.

(2) The declaration to be made by any person to whom subsection (1) above applies and the evidence in support threreof in any application shall be in prescribed form save that so far as possible they shall be substantially the same as mentioned in section 3(1) above so far as the circumstances permit.

PART IV
RECOGNISED REASSIGNMENT PROCEDURES

[Recognitions]

9.(1) After the coming into force of this Act, no person may carry out sex reassignment treatment unless—

1. (a) the procedure is carried out at a gender identity clinic; and
2. the persons involved in such treatment are qualified to carry out the relevant part of the treatment necessary.

(2) The Secretary of State shall not recognise a hospital or other institution as a gender identity clinic unless satisfied—

1. that it is a suitable place for the carrying out of sex reassignment treatment; and
2. that all necessary qualified staff and facilities are available to ensure that patients receive proper counselling and care.

(3) The approval of a gender identity clinic is subject to—

1. conditions which may be prescribed from time to time as to the kinds of sex reassignment treatment authorised to be carried out;
2. a condition requiring the clinic to keep specified records in relation to sex reassignment treatment carried out and in relation to any associated treatment including after-care; and
3. such other conditions as the Secretary of State may think fit.

(4) The Secretary of State shall not approve a medical or other practitioner to carry out sex reassignment treatment of a particular kind unless satisfied that he is suitably qualified to carry out such procedures.

(5) The Secretary of State may, if satisfied that a gender identity clinic or medical practitioner has contravened or failed to comply with a condition of recognition under this section, revoke such recognition.

(6) It is an offence to contravene or fail to comply with a condition imposed under this section.

(7) A person who is convicted of an offence under this section shall be liable:

1. on conviction on indictment to a fine; or
2. on summary conviction to a fine not exceeding level 4 on the standard scale.

PART V
MISCELLANEOUS

[Foreign applications]

10.(1) A transsexual national of any foreign country who has obtained a judgement, order or declaration of a competent authority in that country or in another country recognising his civil status in a reassigned sex may apply to the Court for a declaration that he be declared to be of the sex and status recognised in such foreign jurisdiction.

(2) Any application under subsection (1) shall be supported by such affidavit evidence including translations thereof, if not in English, as is required under the Rules of the Supreme Court applicable to the recognition of foreign judgements.

[Subsequent marriage]

11. For the purposes of section 12(a) and (b) and section 13(1) of the Matrimonial Causes Act 1973 [1973 c. 52], a transsexual who has obtained a recognition certificate under sections 2 to 6 above shall not in any proceedings affecting a subsequent marriage of that person be deemed to be subject to any incapacity or wilful refusal to consummate such marriage by reason only of having undergone sex reassignment treatment as defined by this Act.

[Money]

12. There shall be paid out of money provided by Parliament any expenses of the Secretary of State in consequence of this Act.

[Short title, commencement and extent]

13. (1) This Act may be cited as the Gender Identity (Registration and Civil Status) Act 1996.

(2) This Act shall not extend to Scotland or to Northern Ireland.

(3) This Act shall come into force on the first day of January 1997.