Review of the Gender Recognition Act 2004: consultation

Annex C – Gender Recognition Act 2004 – Additional Information

Alternative track

1.The alternative track was introduced for Scotland by the Marriage and Civil Partnership (Scotland) Act 2014. There are similar arrangements for England and Wales under their equivalent legislation, but the alternative track is not available to people resident in Northern Ireland. Under the alternative track, the applicant must:

• be married or in a civil partnership;
• have been living in the acquired gender for six years before 16 December 2014, continued to live in that gender until the application and intend to continue to live in the acquired gender until death;
• have had gender dysphoria or have undergone surgical treatment or other treatment as prescribed by Scottish Ministers ^[79] by Order for the purpose of modifying their sexual characteristics and produce a medical or psychological report to this effect;
• be resident in Scotland or England and Wales; and
• provide a statutory declaration.

Overseas track

2.Under the overseas track, an applicant has to show that they have been recognised in their acquired gender in an approved jurisdiction. The approved jurisdictions are listed in the Gender Recognition (Approved Countries and Territories) Order 2011. ^[80] They must provide a statutory declaration. No medical or psychological report is required.

Fee for applications

3.There is a statutory fee for an application which is currently £140, but the fee can be remitted to either £30 or £0 depending on the income of the applicant. ^[81]

Number of applications

4.Between 1 April 2016 and 31 March 2017, the Gender Recognition Panel received 364 applications for recognition, ^[82] issued 318 full GRCs and refused 15 applications. In the same period, 93% of the applications processed were submitted using the standard track. ^[83]

5.The table below shows the numbers of applicants whose birth was registered in Scotland who have received a full GRC.

Source: National Records of Scotland