The case is presented to a Gender Recognition Panel.
Applications
(1)A person of either gender who is aged at least 18 may make an application for a gender recognition certificate on the basis of?
(a)living in the other gender, or
(b)having changed gender under the law of a country or territory outside the United Kingdom.
(2)In this Act ?the acquired gender?, in relation to a person by whom an application under subsection (1) is or has been made, means?
(a)in the case of an application under paragraph (a) of that subsection, the gender in which the person is living, or
(b)in the case of an application under paragraph (b) of that subsection, the gender to which the person has changed under the law of the country or territory concerned.
(3)An application under subsection (1) is to be determined by a Gender Recognition Panel.
(4)Schedule 1 (Gender Recognition Panels) has effect.
2Determination of applications
(1)In the case of an application under section 1(1)(a), the Panel must grant the application if satisfied that the applicant?
(a)has or has had gender dysphoria,
(b)has lived in the acquired gender throughout the period of two years ending with the date on which the application is made,
(c)intends to continue to live in the acquired gender until death, and
(d)complies with the requirements imposed by and under section 3.
(2)In the case of an application under section 1(1)(b), the Panel must grant the application if satisfied?
(a)that the country or territory under the law of which the applicant has changed gender is an approved country or territory, and
(b)that the applicant complies with the requirements imposed by and under section 3.
(3)The Panel must reject an application under section 1(1) if not required by subsection (1) or (2) to grant it.
(4)In this Act ?approved country or territory? means a country or territory prescribed by order made by the Secretary of State after consulting the Scottish Ministers and the Department of Finance and Personnel in Northern Ireland.
3Evidence
(1)An application under section 1(1)(a) must include either?
(a)a report made by a registered medical practitioner practising in the field of gender dysphoria and a report made by another registered medical practitioner (who may, but need not, practise in that field), or
(b)a report made by a [F1registered psychologist] practising in that field and a report made by a registered medical practitioner (who may, but need not, practise in that field).
(2)But subsection (1) is not complied with unless a report required by that subsection and made by?
(a)a registered medical practitioner, or
(b)a [F1registered psychologist],practising in the field of gender dysphoria includes details of the diagnosis of the applicant?s gender dysphoria.
(3)And subsection (1) is not complied with in a case where?
(a)the applicant has undergone or is undergoing treatment for the purpose of modifying sexual characteristics, or
(b)treatment for that purpose has been prescribed or planned for the applicant,unless at least one of the reports required by that subsection includes details of it.
(4)An application under section 1(1)(a) must also include a statutory declaration by the applicant that the applicant meets the conditions in section 2(1)(b) and (c).
(5)An application under section 1(1)(b) must include evidence that the applicant has changed gender under the law of an approved country or territory.
(6)Any application under section 1(1) must include?
(a)a statutory declaration as to whether or not the applicant is married [F2or a civil partner],
(b)any other information or evidence required by an order made by the Secretary of State, and
(c)any other information or evidence which the Panel which is to determine the application may require,and may include any other information or evidence which the applicant wishes to include.
(7)The Secretary of State may not make an order under subsection (6)(b) without consulting the Scottish Ministers and the Department of Finance and Personnel in Northern Ireland.
(8)If the Panel which is to determine the application requires information or evidence under subsection (6)(c) it must give reasons for doing so.
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