The Gender Recognition Register (Amendment) Regulations 2011
S.I. 2011/1607 · Made 29 June 2011
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Registration Of Births, Deaths, Marriages, Etc. England And Wales
Made 29th June 2011
Coming into force 20th July 2011
The Registrar General, in exercise of the powers conferred by section 26(3) of the Welsh Language Act 1993f1 and paragraph 3 of Schedule 3 to the Gender Recognition Act 2004f2, with the approval of the Secretary of State f3, makes the following Regulations:
The approval of the Secretary of State is required by the Gender Recognition Act 2004, Schedule 3, paragraph 3(5) as amended by the Transfer of Functions (Registration) Order 2008 (S.I. 2008/678), article 5(1), Schedule 2, paragraph 13 (with article 4).
Regulation 1(2) of the Principal Regulations (Citation, commencement and interpretation) is amended as follows.
(2)
For the definition of “the Adopted Children Register” substitute—
““the Adopted Children Register” means the register maintained by the Registrar General under section 11 of the Adoption of Children Act 1926f1, section 12 of the Adoption of Children Act 1949f2, section 17 of the Adoption Act 1950f3, section 20 of the Adoption Act 1958f4, section 50 of the Adoption Act 1976f5 and section 77 of the Adoption and Children Act 2002f6;”.
(3)
For the definition of “Parental Order Register” substitute—
““Parental Order Register” means the register maintained by the Registrar General under section 50 of the Adoption Act 1976 as modified by the Parental Orders (Human Fertilization and Embryology) Regulations 1994f7 and section 77 of the Adoption and Children Act 2002 as modified by the Human Fertilization and Embryology (Parental Orders) Regulations 2010f8;”.
In regulation 2(1)(a) of the Principal Regulations for “the particulars set out in Part 1 of Schedule 1” substitute “the particulars set out in the relevant part of Schedule 1”.
(2)
In regulation 2(1)(e) of the Principal Regulations for “the particulars set out in Schedule 5” substitute “the particulars set out in the relevant part of Schedule 5”.
Omit regulation 3 of the Principal Regulations (additional particulars in certain cases).
(2)
After regulation 3 insert—
“Modification of particulars in certain cases
3A.
Where a person who immediately prior to 20th July 2011 is the subject of an entry in the Gender Recognition Register requests that the entry be modified so that the particulars contained in the entry are those which would be so contained in accordance with regulation 2 if the entry were made on or after 20th July 2011, the particulars to be contained in the entry are those specified in regulation 2 as it applies on 20th July 2011.”.
Nothing in these Regulations shall affect the validity of any particulars entered into the Gender Recognition Register prior to 20th July 2011 or of anything done pursuant to or in consequence of or in reliance on any such particulars.
These Regulations amend the Gender Recognition Register Regulations 2005.
Regulation 2 amends the definitions of “the Adopted Children Register” and “Parental Order Register”.
Regulation 4(1) revokes regulation 3 of the Gender Recognition Register Regulations 2005. This removes the ability of a person who is the subject of an England and Wales birth record that was created on or before 31st March 1969 to elect to have additional particulars, including a surname, entered in the Gender Recognition Register. Regulation 3 had the effect of permitting such a person to change their surname since birth records created on or before 31st March 1969 did not contain the surname of the child. That option was not afforded to those whose birth records were created on or after 1st April 1969. The ability to change one’s surname through other legitimate means remains unaffected.
Regulation 4(2) inserts a new regulation 3A into the Gender Recognition Register Regulations 2005 which permits any person who is the subject of an existing entry in the Gender Recognition Register on 20th July 2011 who elects to do so, to have that entry modified in accordance with these Regulations.
Regulation 5 amends Schedules 1-9 of the Gender Recognition Register Regulations 2005 in order that an entry made in the Gender Recognition Register contains information which corresponds with the information recorded in the applicant’s existing birth record, apart from the new forename and gender which will be obtained from the Gender Recognition Certificate provided to the Registrar General under section 10(1) of the Gender Recognition Act 2004.
Regulation 6 contains a saving provision. This clarifies that nothing in these Regulations will affect the validity of any particulars entered into the Gender Recognition Register prior to 20th July 2011 nor of anything done pursuant to, in consequence of or in reliance on any such entry, for instance the obtaining of a certified copy of an entry which may subsequently have been used to support an application for employment or benefits.
