Gender Recognition Act 2015

16.

Error in a gender recognition certificate

16. (1) A person, to whom a gender recognition certificate is issued, on behalf of a person to whom a gender recognition certificate is issued who has not attained the age of 18 years, or who satisfies the Minister of his or her having an interest in the matter, may apply in writing to the Minister for a decision to—

(a) correct a clerical error in a gender recognition certificate, or

(b) on being satisfied on foot of evidence or information furnished in a statutory declaration of the applicant, correct an error of fact in a gender recognition certificate.

(2) An application under this section shall be accompanied by the gender recognition certificate and 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 the application under subsection (1) and shall decide to either—

(a) correct the clerical error or error of fact and return the corrected gender recognition certificate to the applicant, or

(b) refuse to correct the clerical error or error of fact and return the gender recognition certificate to the applicant.

(4) In considering an application under this section the Minister shall consider the information furnished by the applicant and may—

(a) request further information from the applicant regarding any information or evidence furnished by him or her or on his or her behalf, or

(b) at the expense of the Minister, obtain other or further information of a specialist nature relevant to the application.

(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(8) .

(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.

(7) If, following an appeal under section 17 the court, under section 17(8)(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) The Minister shall, in relation to a decision under subsection (3)(a) or an order of the court under section 17(8)(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:

Editorial Notes:

E6

Power pursuant to section and ss. 3, 8 and 15 exercised (7.09.2015) by Gender Recognition (Forms of Application) Regulations 2015 (S.I. No. 373 of 2015), in effect as per reg. 3.