Statutory Instruments
Registration Of Births, Deaths, Marriages, Etc. England And Wales
Made
29th June 2011
Coming into force
20th July 2011
1.-(1) These Regulations may be cited as the Gender Recognition Register (Amendment) Regulations 2011 and shall come into force on 20th July 2011.
(2) In these Regulations-
"the Principal Regulations" means the Gender Recognition Register Regulations 2005(4).
2.-(1) 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 1926(5), section 12 of the Adoption of Children Act 1949(6), section 17 of the Adoption Act 1950(7), section 20 of the Adoption Act 1958(8), section 50 of the Adoption Act 1976(9) and section 77 of the Adoption and Children Act 2002(10);".
(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 1994(11) and section 77 of the Adoption and Children Act 2002 as modified by the Human Fertilization and Embryology (Parental Orders) Regulations 2010(12);".
3.-(1) 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".
4.-(1) Omit regulation 3 of the Principal Regulations (additional particulars in certain cases).
(2) After regulation 3 insert-
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.".
5. For Schedules 1-9 respectively of the Principal Regulations substitute the relevant Schedule set out in the Schedule to these Regulations.
6. 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.
Made by
Sarah Rapson
Registrar General
29th June 2011
I approve
Damian Green
Minister of State
Home Office
29th June 2011
Regulation 5
Regulation 2(1)(a)
Registration district
Sub-district
Administrative area
Entry number
Date of registration
Year of birth
Name and surname of informant (if not mother or father)
Signature, description and residence of informant
Signature and designation of registrar
Child
Date of birth
Place of birth
Forename(s)
Sex
Forename(s) entered after registration
Father
Name
Occupation
Address where given
Mother
Name
Maiden surname
Address where given
Additional particulars to be entered
Child
Surname
National Health Service number
Father
Place of birth
Mother
Place of birth
Occupation
Surname at marriage if different from maiden surname
Usual address
Alternative particulars to be entered
If applicable for
"Father
Name
Occupation
Address where given
Place of birth"
substitute:
"Parent (being a woman who is a parent of the child by virtue of section 42 or 43 of the 2008 Act)
Name
Occupation
Address where given
Place of Birth"
Regulation 2(1)(b)
Military, air force or naval station
Entry number
Signature, description and residence of informant
When and where registered
Signature of registering officer
Child
Date of birth
Place of birth
Forename(s)
Sex
Forename(s) entered after registration
Father
Name
Nationality
Rank and if soldier or airman Regimental number
Mother
Name
Maiden surname
Command
Entry number
Signature, description and residence of informant
When and where registered
Signature of registering officer
Child
Date of birth
Place of birth
Forename(s)
Surname
Sex
Forename(s) entered after registration
Father
Name
Country of residence
Rank or occupation
Mother
Name
Maiden surname
Headquarters
Entry number
Name and surname of informant (if not mother or father)
Signature, qualification and residence of informant
When and where registered
Signature of registering officer
Child
Date of birth
Place of birth
Forename(s)
Surname
Sex
Forename(s) entered after registration
Father or woman who is a parent of the child by virtue of section 42 or 43 of the 2008 Act
Name
Country of residence
Place of birth
Rank or occupation
Mother
Name
Place of birth
Maiden surname
Surname at marriage if different from maiden surname
Country of residence
Rank or occupation
Regulation 2(1)(c)
District of High Commission or Consul
Entry number
Name and surname of informant (if not mother or father)
Signature, qualification and residence of informant
Date of Registration
Signature of consul or registering officer
Child
Date of birth
Place of birth
Forename(s)
Surname
Sex
Claim to citizenship
Forename(s) entered after registration
Father or woman who is a parent of the child by virtue of section 42 or 43 of the 2008 Act
Name
Date of birth
Place of birth
Rank, profession or occupation
Claim to British Nationality or citizenship
Mother
Name
Maiden surname
Surname at marriage if different from maiden surname
Date of birth
Place of birth
Occupation
Claim to British Nationality or citizenship
Regulation 2(1)(d)
Entry number
Date of adoption order and description of court
Signature of attesting officer
Date of entry
Adopted child
Forename(s)
Sex
Date of birth
Adopter/Adopters
Name, address and occupation
Entry number
Date of adoption order and description of court
Date of entry
Signature of attesting officer
Adopted Child
Forename(s)
Surname
Sex
Date of birth
Country of birth
Adopter/Adopters
Name and surname
Address and occupation
Entry number
Date of adoption order and description of court
Date of entry
Signature of attesting officer
Adopted child
Forename(s)
Surname
Sex
Date of birth
Country of birth (if England or Wales -“Registration District and Sub-district)
Adopter/Adopters
Name and surname
Address and occupation
Entry number
Date of adoption order and description of court by which made
Date of entry
Signature of attesting officer
Adopted child
Forename(s)
Surname
Sex
Date of birth
Country of birth (if England or Wales -“ Registration District and Sub-district)
Adopter/Adopters
Name and surname
Address and occupation
Entry number
Date of adoption order or date adoption was effected
Description of court by whom effected
Date of entry
Signature of attesting officer
Adopted child
Forename(s)
Surname
Sex
Date of birth
Place of birth (England or Wales -“ Registration District and Sub-district)
Country of birth
Adopter/Adopters
Name and surname
Address and occupation
Regulation 2(1)(e)
Entry number
Registration district
Sub-district
Administrative area
Date of registration
Signature of registering officer
Child
Date of birth
Place of birth
Forename(s)
Surname
Sex
Forename(s) entered after registration
Father
Name and surname
Place of birth
Occupation
Mother
Name and surname
Place of birth
Occupation
Maiden surname
Surname at marriage if different from maiden surname
Usual address
Entry number
Registration district
Sub-district
Administrative area
Date of registration
Signature of registering officer
Child
Date of birth
Place of birth
Forename(s)
Surname
Sex
Forename(s) entered after registration
Parent
Name and surname
Place of birth
Occupation
Parent
Name and surname
Place of birth
Occupation
Parents' address
Regulation 2(1)(f)
Entry number
Registration marking of aircraft
Date of registration
Signature of registrar
Name, description and usual address of informant
Child
Date of birth
Place of birth
Forename(s)
Surname
Sex
Baptismal or given name(s) entered after registration
Father or woman who is a parent of the child by virtue of section 42 or 43 of the 2008 Act
Name and surname
Usual residence
Nationality
Profession or occupation and rank or title (if any)
Mother
Name and surname
Maiden surname
Usual residence
Nationality
Regulation 2(1)(g)
Entry number
Date of registration
Signature of attesting officer
Child
Place of birth (Registration district and Sub-district)
Date of birth
Forename(s)
Surname
Sex
Regulation 2(1)(h)
Entry number
Name of ship
Official number
Date of registration
Signature of registering officer
Child
Date of birth
Forename(s)
Sex
Father
Name
Rank, profession or occupation
Nationality (stating birthplace)
Last place of abode
Mother
Name
Maiden surname
Nationality (stating birthplace)
Last place of abode
Entry number
Name of ship and port of registry
Official number
Date of registration
Signature of registering officer
Child
Date of birth
Place of birth
Forename(s)
Sex
Father
Name
Rank, profession or occupation
Nationality (stating birthplace)
Last place of abode
Mother
Name
Maiden surname
Nationality (stating birthplace)
Last place of abode
Entry number
Name of ship
Official number
Port of registry or owner's name and address
Name and surname of master or name, surname, qualification and usual address of informant
Date of registration
Signature of registering officer
Child
Date of birth
Place of birth
Forename(s)
Surname
Sex
Father or woman who is a parent of the child by virtue of section 42 or 43 of the 2008 Act
Name
Occupation
Usual residence
Nationality
Mother
Name
Maiden name
Surname at marriage if different from maiden surname
Usual residence
Nationality
Regulation 2(1)(i)
Entry number
Registration marking of hovercraft
Country of registration of hovercraft
Name and surname of master or name, surname, qualification and usual address of informant
Date of registration
Signature of registering officer
Child
Date of birth
Place of birth
Forename(s)
Surname
Sex
Baptismal or given name(s) entered after registration
Father or woman who is a parent of the child by virtue of section 42 or 43 of the 2008 Act
Name
Usual residence
Nationality
Profession or occupation and rank or title (if any)
Mother
Name
Maiden surname
Usual residence
Nationality"
(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.
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).
S.I. 2005/912, amended by S.I. 2009/1892.
1926 c.29 (16 & 17 Geo 5); the whole Act was repealed by the Adoption Act 1950, section 46, Schedule 4 and by the Children Act 1975 section 108, Schedule 4 Part 1.
1949 c.98 (12, 13 & 14 Geo 6); the whole Act was repealed by the Statute Law (Repeals) Act 1993, section 1(1), Schedule 1 Part VIII.
1950 c.26 (14 Geo 6); the whole Act was repealed by the Adoption Act 1958, section 59(2) and Schedule 6.
1958 c.5 (7 Eliz 2); the whole Act was repealed by the Adoption Act 1976, section 73(3) and Schedule 4.
1976 c.36 the whole Act, except Part 4 and paragraph 6 of Schedule 2 was repealed by the Adoption and Children Act 2002 (c.38), section 139(3), Schedule 5.
S.I. 1994/2767 regulation 2, Schedule 1, paragraph 4.
S.I. 2010/985 regulation 2, Schedule 1.