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The Gender Recognition Register Regulations 2005

S.I. 2005/912 · Made 23 March 2005

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

REGISTRATION OF BIRTHS, DEATHS, MARRIAGES, ETC., ENGLAND AND WALES

Made 23rd March 2005

Coming into force 4th April 2005

The Registrar General, in exercise of the powers conferred upon him by section 20(a) of the Registration Service Act 1953f1, section 26(3) of the Welsh Language Act 1993f2 and section 24(2) of and paragraph 3 of Schedule 3 to the Gender Recognition Act 2004f3 and of all other powers enabling him in that behalf, with the approval of the Chancellor of the Exchequerf4, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1953 c. 37 (1 & 2 Eliz 2).

f2

1993 c. 38.

f3

2004 c. 7.

f4

The approval of the Chancellor of the Exchequer is required by the Gender Recognition Act 2004, Schedule 3, paragraph 3(5).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Particulars to be entered in the Gender Recognition Register
  3. 3Additional particulars in certain cases
  4. 4Marking of previous entry
  5. Signature
  6. Schedule 1: Particulars to be entered in Gender Recognition Register where the birth was registered in England and Wales
  7. 1Particulars to be entered where birth record was created on or before 31st March 1969
  8. 2Additional particulars to be entered where UK birth record was created on or after 1st April 1969
  9. Schedule 2: Her Majesty’s Forces Records
  10. 1Particulars to be entered where birth record was created on or before 31st March 1959
  11. 2Particulars to be entered where birth record was created on or after 1st April 1959 and on or before 31st December 1971
  12. 3Particulars to be entered where birth record was created on or after 1st January 1972
  13. Schedule 3Consular or High Commission Records
  14. Schedule 4: Adopted Children Register
  15. 1Particulars to be entered where birth record was created on or after 1st January 1927 and on or before 31st December 1949
  16. 2Particulars to be entered where the birth record was created on or after 1st January 1950 and on or before 31st December 1958
  17. 3Particulars to be entered where birth record was created on or after 1st April 1958 and on or before 31st December 1975
  18. 4Particulars to be entered where birth record was created on or after 1st January 1976 and on or before 31st May 2003
  19. 5Particulars to be entered where birth record was created on or after 1st June 2003
  20. Schedule 5Parental Order Register
  21. Schedule 6Air Register Book of Births and Deaths
  22. Schedule 7Birth registered under section 3A of the Births and Deaths Registration Act 1953 (abandoned children)
  23. Schedule 8: Marine Register
  24. 1Particulars to be entered where birth record was created on or before 31 st December 1948
  25. 2Particulars to be entered where birth record was created on or after 1st January 1949 and on or before 31st December 1972
  26. 3Particulars to be entered where birth record was created on or after 1st January 1973
  27. Schedule 9Hovercraft Records
  28. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Gender Recognition Register Regulations 2005 and shall come into force on 4th April 2005.

(2)

In these Regulations unless the context otherwise requires—

  • “the 2004 Act” means the Gender Recognition Act 2004;

  • “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 and section 50 of the Adoption Act 1976f5;

  • “the Air Register Book of Births and Deaths” means the book of certified copies kept by the Registrar General under section 43 of the Civil Aviation Act 1946f6, section 55 of the Civil Aviation Act 1949f7 and section 83(5) of the Civil Aviation Act 1982f8;

  • “consular or High Commission records” means certified copies of birth entries sent to the Registrar General under the Registration of Births and Deaths (Consular Officers) Regulations 1930f9, the Registration of Births and Deaths (Consular Officers) Regulations 1943f10, the Registration of Births and Deaths (Consular Officers) Regulations 1948f11, the Registration of Births and Deaths (High Commissioners) Regulations 1964f12, the Registration of Births and Deaths (Consular Officers) Regulations 1974f13, the Registration of Overseas Births and Deaths Regulations 1982f14 or any other consular or High Commission record of a birth entry held by the Registrar General;

  • “Her Majesty’s forces records” means the registers held by the Registrar General under any Order in Council under section 1 of and records held under section 3 of the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957f15 and any other record of a birth held by the Registrar General which took place outside the United Kingdom among the families of members of Her Majesty’s naval, military or air forces and other associated or connected personnel;

  • “Hovercraft Records” means records transmitted to the Registrar General pursuant to regulation 5 of the Hovercraft (Births, Deaths and Missing Persons) Regulations 1972f16;

  • “the marine register” means the register of certified copies held by the Registrar General under section 254 of the Merchant Shipping Act 1894f17, section 72 of the Merchant Shipping Act 1970f18 and section 108(8) of the Merchant Shipping Act 1995f19; and

  • “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 Fertilisation and Embryology) Regulations 1994f20;

2Particulars to be entered in the Gender Recognition Register

(1)

The particulars to be contained in an entry in the Gender Recognition Register are—

(a)

where the birth has been registered at a register office in England and Wales and there is no more recent entry in a register referred to in sub-paragraphs (d) and (e), the particulars set out in Part 1 of Schedule 1;

(b)

where the entry relates to a birth registered in Her Majesty’s forces records, the particulars set out in the relevant part of Schedule 2;

(c)

where the entry relates to consular or High Commission records, the particulars set out in Schedule 3;

(d)

where the entry relates to a birth registered in the Adopted Children Register, the particulars set out in the relevant part of Schedule 4;

(e)

where the entry relates to a birth registered in the Parental Order Register, the particulars set out in Schedule 5;

(f)

where the entry relates to a birth registered in the Air Register Book of Births and Deaths, the particulars set out in Schedule 6;

(g)

where the entry relates to a birth registered under section 3A of the Births and Deaths Registration Act 1953 (registration of births of abandoned children)f1 and there is no more recent entry referred to in sub-paragraph (d), the particulars set out in Schedule 7;

(h)

where the entry relates to a birth registered in the marine register, the particulars set out in the relevant part of Schedule 8; and

(i)

where the entry relates to a birth [recorded] in the Hovercraft Records, the particulars set out in Schedule 9.

(2)

Where the UK birth register entry contains particulars recorded in English and Welsh, the particulars to be contained in the Gender Recognition Register shall also be recorded in English and Welsh.

3Additional particulars in certain cases

Where a person is the subject of a UK birth register entry falling within regulation 2(1)(a) and that entry was made on or before the 31st March 1969, the particulars to be contained in the Gender Recognition Register shall include the particulars set out in Schedule 1 Part 2, if the person the subject of the entry requests that they be included.

4Marking of previous entry

(1)

When so directed by the Registrar General acting pursuant to the 2004 Act, Schedule 3 paragraph 3(1)(b), a superintendent registrar or a registrar of births and deaths shall mark a UK birth register entry in their custody with the words “Re-registered by the Registrar General”.

(2)

In securing that the UK birth register entry in his custody is marked in accordance with the 2004 Act, Schedule 3 paragraph 3(1)(b), the Registrar General shall mark the entry with the words “Re-registered by the Registrar General”.

Signature

Given under my hand on

Len Cook

Registrar General

23rd March 2005

I approve

Stephen Timms

Signed by authority of the Chancellor of the Exchequer

23rd March 2005

1Particulars to be entered where birth record was created on or before 31st March 1969

2Additional particulars to be entered where UK birth record was created on or after 1st April 1969

1Particulars to be entered where birth record was created on or before 31st March 1959

2Particulars to be entered where birth record was created on or after 1st April 1959 and on or before 31st December 1971

3Particulars to be entered where birth record was created on or after 1st January 1972

Schedule 3Consular or High Commission Records

1Particulars to be entered where birth record was created on or after 1st January 1927 and on or before 31st December 1949

2Particulars to be entered where the birth record was created on or after 1st January 1950 and on or before 31st December 1958

3Particulars to be entered where birth record was created on or after 1st April 1958 and on or before 31st December 1975

4Particulars to be entered where birth record was created on or after 1st January 1976 and on or before 31st May 2003

5Particulars to be entered where birth record was created on or after 1st June 2003

Schedule 5Parental Order Register

Schedule 6Air Register Book of Births and Deaths

Schedule 7Birth registered under section 3A of the Births and Deaths Registration Act 1953 (abandoned children)

1Particulars to be entered where birth record was created on or before 31 st December 1948

2Particulars to be entered where birth record was created on or after 1st January 1949 and on or before 31st December 1972

3Particulars to be entered where birth record was created on or after 1st January 1973

Schedule 9Hovercraft Records

Explanatory note

(This note is not part of the regulations)

These Regulations make provision for entries to be made in the Gender Recognition Register and the marking of existing birth register entries once the Registrar General receives a copy of the full gender recognition certificate under section 10(1) of the Gender Recognition Act 2004.

The Regulations provide for an entry in the gender recognition register to contain information which corresponds with the information recorded in the applicants existing birth record, apart from the new name and gender which will be obtained from the gender recognition certificate.