Article 78 Amendment to the 1996 Rules

After rule 5.3, insert—

“Appeal under section 8(1) of the Gender Recognition Act 2004

5.4

(1)

R.S.C. Order 55^f1 applies to an appeal to the High Court under section 8(1) of the Gender Recognition Act 2004 subject to the modifications made by this rule.

(2)

The notice of the originating motion shall be—

(a)

issued out of the Matrimonial Office;

(b)

served on the Secretary of State in addition to the person to be served under R.S.C. Order 55 rule 15(1).

(3)

The Secretary of State may appear and be heard in the proceedings on the appeal.

(4)

Where the High Court issues a gender recognition certificate under section 8(3)(a) of the Gender Recognition Act 2004, the proper officer shall send a copy of that certificate to the Secretary of State.”.