Gender Recognition Act 2015

15.

Application to Minister to revoke a gender recognition certificate

15. (1) A person referred to in subsection (8) may apply to the Minister to revoke a gender recognition certificate.

(2) An application under this section shall be accompanied by the gender recognition certificate and the application shall be in writing in the form, including electronic form, as may be prescribed, and no fee shall be charged by the Minister for considering the application.

(3) The Minister shall consider an application under this section and shall decide to either—

(a) revoke the gender recognition certificate, or

(b) refuse to revoke the gender recognition certificate.

(4) In considering an application under this section the Minister shall consider the information furnished by the applicant and may request further information from the applicant regarding any information or evidence furnished by the applicant or on his or her behalf.

(5) The Minister shall give notice in writing to the applicant of a decision under subsection (3) as soon as practicable after it is made, which shall, in relation to a decision under subsection (3)(b)

(a) include reasons for the decision,

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

(c) inform the applicant that the decision shall be suspended until—

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

(ii) the disposal of an appeal under section 17(6) .

(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 (3)(b) is final and the Minister shall return the gender recognition certificate to the applicant.

(7) If, following an appeal under section 17 the court, under section 17(6)(b) orders the Minister to reconsider his or her decision, the Minister’s decision under subsection (3)(b) is suspended until the Minister reconsiders his or her decision.

(8) This section applies to a person—

(a) to whom the Minister has issued a gender recognition certificate under section 8(3)(a) ,

(b) who, subject to section 12 , has attained the age of 18 years on the date that he or she applies to revoke the gender recognition certificate F5 [ and ],

(c) F6 [ ]

(d) who furnishes the following to the Minister:

(i) the gender recognition certificate concerned;

(ii) a statutory declaration declaring that he or she—

(I) F6 [ ]

(II) has a settled and solemn intention of living in his or her original gender for the rest of his or her life,

(III) understands the consequences of the application, and

(IV) makes the application of his or her free will.

(9) The revocation of a person’s gender recognition certificate under this section shall not affect the rights or liabilities of the person or consequences of an action by the person in their preferred gender prior to the date of that revocation.

(10) The date of revocation of a gender recognition certificate shall be—

(a) the date on which the Minister decides to revoke the certificate under subsection (3)(a), or

(b) the date of an order of the court under section 17(6)(a) .

(11) The Minister shall, in relation to a decision under subsection (3)(a) or an order of the court under section 17(6)(a) , as soon as practicable and as applicable notify—

(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 applicant concerned advising them that they may apply to the Minister for Foreign Affairs and Trade to 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 final 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.

Annotations:

Amendments:

F5

Inserted (16.11.2015) by Marriage Act 2015 (35/2015), s. 24(e)(i), S.I. No. 504 of 2015.

F6

Deleted (16.11.2015) by Marriage Act 2015 (35/2015), s. 24(e)(ii), (iii), S.I. No. 504 of 2014.

Editorial Notes:

E5

Power pursuant to section and ss. 3, 8 and 16 exercised (7.09.2015) by Gender Recognition (Forms of Application) Regulations 2015 (S.I. No. 373 of 2015), in effect as per reg. 3.