ELIZABETH II

Intersex Protection Act 2019

2019 CHAPTER 12

An Act to make provision for the recognition and protection of intersex persons from discrimination, embryological sex selection, and unnecessary medical interventions.
Bill ID B002
Author(s) The Rt Hon James Krall MP
(as Private Member's Bill)
Amended by N/A
First reading 2019 March 29
Royal assent 2019 April 21
Commencement 2019 April 21
Affected legislation Equality Act 2010 (2010 c. 15)

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Equality

  1. The Equality Act 2010 is amended as follows;
  2. In part 2, Chapter 1, Section 11, before the section beginning "In relation to", insert the following section:
    'Sex includes—
    1. all anatomical, physiological, and biological sexual characteristics;
    2. any typical or atypical combination of sexual characteristics.'
  3. In part 2, Chapter 1, Section 11, replace "man or to a woman" with "a person of any sex".

2 Embryology

  1. The Human Fertilisation and Embryology Act 1990 is amended as follows;
  2. In Section 2, at the end of subsection (1) insert the following text:
    '"sex" and "gender" mean any combination of genes that are known to relate to the expression of sexual characteristics.'
  3. In Section 13, in subsection (11) replace "one sex significantly more than the other" with "one sex significantly more than another"
  4. In Section 1ZA, in subsection (3) replace "one sex significantly more than the other" with "one sex significantly more than another".
  5. In Section 1ZB;
    1. in subsection (1) replace "one sex rather than the other" with "one sex rather than another";
    2. in subsection (3) replace "one sex rather than the other" with "one sex rather than another";
    3. in subsection (4)(b) replace "one sex significantly more than the other" with "one sex significantly more than another".
  6. In Section 1A, in subsection (1a) replace "one sex rather than the other" with "one sex rather than another".

3 Unnecessary Medical Interventions

  1. An Unnecessary Medical Intervention is defined as-
    1. any surgery, procedure, prescription, or other medical action taken by a medical professional,
    2. for the sole purpose of altering a person's sexual characteristics, and
    3. without the informed and direct consent of the person.
  2. A person who conducts an Unnecessary Medical Intervention is guilty of an offence and is liable-
    1. on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum, or both;
    2. on conviction on indictment, to imprisonment for a term not exceeding 10 years.

4 Extent, commencement, and short title

  1. This bill extends to the whole of the United Kingdom of Great Britain and Northern Ireland.
  2. This bill shall be referred to as the "Intersex Protection Act 2019".
  3. This bill will come into effect upon receiving royal assent.
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