Gender Recognition Act 2015

14.

Revocation by Minister

14. (1) The Minister may revoke a gender recognition certificate if he or she is satisfied that he or she would not have issued the certificate under section 8(3)(a) had he or she been aware of information or facts before deciding to issue the certificate which since that issue have been brought to his or her notice.

(2) The Minister shall give notice in writing to the person whose gender recognition certificate is proposed to be revoked which shall inform him or her that he or she may make representations in writing in relation to the proposal to the Minister within 30 days of the date of the notice.

(3) In considering any representations made under this section the Minister may request further information from the person concerned as may be necessary for the purposes of making a decision under subsection (4).

(4) The Minister shall consider any representations made or further information furnished pursuant to a request under subsection (3) and shall decide to—

(a) revoke the gender recognition certificate, or

(b) not revoke the gender recognition certificate.

(5) The Minister shall give notice in writing to the person concerned of a decision under subsection (4) as soon as practicable after it is made, which shall, in relation to a decision under subsection (4)(a)

(a) include reasons for the decision,

(b) require the person to surrender his or her gender recognition certificate as soon as practicable,

(c) inform the applicant that he or she may, under section 17 appeal the decision within 90 days of the date of the notice, and

(d) inform the applicant that the decision and requirement to surrender the gender recognition certificate shall be suspended until—

(i) the decision becomes final under subsection (6), or

(ii) the disposal of an appeal under section 17(4) .

(6) If, on the expiration of the period of 90 days beginning on the date of the notice under subsection (5), no appeal under section 17 is made, the Minister’s decision under subsection (4)(a) and the requirement to surrender the gender recognition certificate are final.

(7) If, following an appeal under section 17 the court, under section 17(4)(b) orders the Minister to reconsider his or her decision, the Minister’s decision under subsection (4)(a) and the requirement to surrender the gender recognition certificate are suspended until the Minister reconsiders his or her decision.

(8) (a) A gender recognition certificate revoked under this section shall be deemed to always have been void and of no effect.

(b) Paragraph (a) shall not operate to prevent a person from recovering damages in respect of any loss incurred by acting in reliance on a gender recognition certificate revoked under this section.

(9) The Minister shall give notice in writing of a decision under subsection (4)(a), or an order of the court under section 17(4)(c) to—

(a) where the decision or order relates to a person referred to in sub paragraph (i) or (ii) of section 9(1)(a) , an tArd-Chláraitheoir,

(b) where the decision or order relates to a person referred to in subparagraph (iii) of section 9(1)(a) , the Minister for Foreign Affairs and Trade who shall as soon as practicable following receipt of the notice, if applicable, amend the register of gender recognition of foreign births referred to in section 27(3A) of the Irish Nationality and Citizenship Act 1956 in accordance with the decision or order, or

(c) where the decision or order relates to a person referred to in subparagraph (iv) of section 9(1)(a) , the Adoption Authority of Ireland.