Gender Identity Act 2020

2020 CHAPTER 5

An Act to amend the Gender Recognition Act 2004 to increase the rights granted to transgender and non-binary citizens, and for connected purposes.
Bill ID LB006
Author(s) Their Grace Ser Xanthe–Orpheus Florence gctl kobc mr pc, 1st Marquess Florence
Amended by N/A
First reading 2020 June 30
Royal assent 2020 August 23
Commencement See Section 5
Affected legislation Gender Recognition Act 2004 (2004 c. 7)
Interpretation Act 1978 (1978 c. 30)

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 Amendments to the Gender Recognition Act 2004

  1. Section 1, paragraph (1) of the Gender Recognition Act 2004 is amended as such:
    1. For “18”, substitute “16”.
    2. After “an application”, add “to Her Majesty’s Government”.
    3. For “the other gender”, substitute “another or no gender”.
  2. Section 1, paragraphs (3) and (4) are struck from the Gender Recognition Act 2004.
  3. A Section 1, paragraph (5) is added to the Gender Recognition Act 2004 reading as such: “Upon receiving an application, the Secretary of State must grant to the applicant a full gender recognition certificate within 6 months.”
  4. All of Sections 2–8 of the Gender Recognition Act 2004 are struck, excepting Section 4, paragraph (5).
  5. Section 19 of the Gender Recognition Act 2004 is struck.

2 Non-binary recognition

  1. Applicants for a gender recognition certificate must not be required to choose between “male” or “female”.
  2. Applicants may choose whatever appears on their gender recognition certificate. This will be their legal gender.
  3. For the ease of census, statistical and official documents for those with genders not listed as “male” or female" will be categorized together as an “other” category.
    1. When abbreviations to a single letter must be made (such as in passports), this letter is to be “X”.
  4. Section 6 of the Interpretation Act 1978 is amended as follows:—
    1. Reword Section 6(a) to read “Words importing any gender identity are construed as including all gender identities.”
    2. Remove Section 6(b).

3 Surgery and treatment

  1. Those seeking treatment or surgery must receive it if they have
    1. A report made by a registered medical practitioner, or
    2. A report made by a chartered psychologist in the field of gender dysphoria.
  2. Once the individual passes one of these requirements they may request any surgery or treatment they deem necessary in order to reflect physically how they view themself internally.
    1. Surgery will be paid for by the NHS and must be completed within a reasonable timeframe.
    2. Any requested surgery or treatment must be approved by a registered medical practitioner and specialist in that treatment.
    3. Patients amy appeal any decision made by the medical practitioner or specialist in subsection (b). All appeals must be dealt with in a reasonable timeframe.

4 Short title and extent

  1. This Act may be cited as the Gender Identity Act 2020.
  2. This Act extends to the entire United Kingdom of Great Britain and Northern Ireland.

5 Commencement

  1. Section 1 of this Act comes into force on the 1st of January 2021.
  2. Sections 2, 4, and 5 of this Act come into force on the passing of this Act.
  3. Section 3 of this Act comes into force on the 1st of July 2021.