Gender Recognition Act 2015

8.

Application for a gender recognition certificate

8. (1) A person referred to in section 9 may apply to the Minister for a gender recognition certificate.

(2) An application under this section 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) issue a gender recognition certificate, or

(b) refuse to issue a 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(2) .

(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(2)(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.

Annotations:

Editorial Notes:

E3

Power pursuant to section and ss. 3, 15 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.