Introductory text

BETTING, GAMING AND LOTTERIES

COUNTY COURT, ENGLAND AND WALES

FAMILY PROCEEDINGS, ENGLAND AND WALES

MAGISTRATES' COURTS, ENGLAND AND WALES

MENTAL CAPACITY, ENGLAND AND WALES

SENIOR COURTS OF ENGLAND AND WALES

SUPREME COURT OF ENGLAND AND WALES

TRIBUNALS AND INQUIRIES

GENDER RECOGNITION

Made 13th March 2025

Laid before Parliament 17th March 2025

Coming into force 8th April 2025

The Lord Chancellor and Secretary of State makes the following Order in exercise of the powers conferred on the Lord Chancellor by sections 414(1)(a) and 415(1)(a) and (1A) of the Insolvency Act 1986^f1, section 92(1) and (2) of the Courts Act 2003^f2, section 54(1) of the Mental Capacity Act 2005^f3, section 52(1) and (2) of the Constitutional Reform Act 2005^f4, section 42(1)(a) and (b) of the Tribunals, Courts and Enforcement Act 2007^f5 and section 180(1) of the Anti-social Behaviour, Crime and Policing Act 2014^f6, and conferred on the Secretary of State by section 7(2) of the Gender Recognition Act 2004^f7.

In accordance with sections 414(1) and 415(1) of the Insolvency Act 1986, the Lord Chancellor has obtained the sanction of the Treasury.

In accordance with section 92(1) of the Courts Act 2003, section 54(1) of the Mental Capacity Act 2004, and section 180(1) of the Anti-social Behaviour, Crime and Policing Act 2014 the Lord Chancellor has obtained the consent of the Treasury.

In accordance with section 52(1) of the Constitutional Reform Act 2005, the Lord Chancellor has obtained the agreement of the Treasury.

The Lord Chancellor has had regard to the matters referred to in section 92(3) of the Courts Act 2003, section 52(3) of the Constitutional Reform Act 2005 and section 180(3) of the Anti-social Behaviour, Crime and Policing Act 2014.

In accordance with section 92(5) and (6) of the Courts Act 2003^f8, the Lord Chancellor has consulted with the Lady Chief Justice, the Master of the Rolls, the President of the King’s Bench Division, the President of the Family Division, the Chancellor of the High Court, the Head of Civil Justice, the Deputy Head of Civil Justice, and in relation to civil proceedings, the Civil Justice Council.

In accordance with section 54(3) of the Mental Capacity Act 2005, the Lord Chancellor has consulted with the President of the Court of Protection, the Vice-President of the Court of Protection, and the Senior Judge of the Court of Protection.

In accordance with section 52(4), (5) and (6) of the Constitutional Reform Act 2005, the Lord Chancellor has consulted with the President of the Supreme Court, the Lady Chief Justice of England and Wales, the Master of the Rolls, the Lord President of the Court of Session, the Lord Chief Justice of Northern Ireland, the Lord Justice Clerk, the President of the King’s Bench Division, the President of the Family Division, the Chancellor of the High Court, the General Council of the Bar of England and Wales, the Law Society of England and Wales, the Faculty of Advocates of Scotland, the Law Society of Scotland, the General Council of the Bar of Northern Ireland, and the Law Society of Northern Ireland.

In accordance with section 42(5) of the Tribunals, Courts and Enforcement Act 2007^f9, the Lord Chancellor has consulted the Senior President of Tribunals.

Annotations

Footnotes

f1: 1986 c. 45. Section 414(1)(a) was amended by paragraph 23 of Schedule 3 to the Corporate Insolvency and Governance Act 2020 (c. 12). Section 415(1)(a) was amended by paragraph 9(3) of Schedule 20 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) and paragraph 59(2)(a) of Schedule 19 to the Enterprise and Regulatory Reform Act 2013 (c. 24). Section 415(1A) was inserted by paragraph 59(3) of Schedule 19 to the Enterprise and Regulatory Reform Act 2013.
f2: 2003 c. 39. Section 92(1) was amended by paragraph 4(1) of Schedule 11 to the Constitutional Reform Act 2005 (c. 4) and paragraph 40(a) of Schedule 9 and paragraph 95 of Schedule 10 to the Crime and Courts Act 2013 (c. 22).
f3: 2005 c. 9.
f4: 2005 c. 4.
f5: 2007 c. 15.
f6: 2014 c. 12 (“the 2014 Act”). Insofar as this instrument relies upon the power conferred by section 180(1), it does so only for the purposes of adjusting a fee to reflect changes in the value of money; in accordance with section 180(8) of the 2014 Act, section 180(7) of the 2014 Act does not apply (requirement that a statutory instrument to which section 180(7) applies may not be made unless a draft of the instrument has been laid before both Houses of Parliament and approved by a resolution of each House).
f7: Section 7 was amended by section 250(5) of the Civil Partnership Act 2004 (c. 33), was moved and amended by paragraphs 5 and 7 of Schedule 5 to the Marriage (Same Sex Couples) Act 2013 (c. 30), and amended by paragraph 19(1) of Schedule 2 to the Marriage and Civil Partnership (Scotland) Act 2014 (asp 5).
f8: Section 92(5) was amended by paragraph 345 of Schedule 4 to the Constitutional Reform Act 2005.
f9: Section 42(5) was amended by S.I. 2013/2042.