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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

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.