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  • The Gender Recognition Act 2004

    Topics:
    • Good management, good records, 
    • Legal and professional obligations

    The Act gives transsexual people the legal right to live in their acquired gender.

    The Act

    The Act established the Gender Recognition Panel, who have the authority to issue a Gender Recognition Certificate.

    Issue of a full certificate provides legal recognition of the transsexual person’s acquired gender.

    Under the Act, information relating to an application for a Gender Recognition Certificate is ‘protected information’ if it is acquired in a professional capacity.

    It is an offence to disclose protected information to any other person unless an exemption applies.

    Some of the exemptions are:

    • the person has consented
    • the person cannot be identified from the information
    • information is needed for prevention and investigation of crime
    • information is needed to comply with a court order

    The Gender Recognition Act 2004

    Records management considerations

    Applicants to the Gender Recognition Panel are required to supply evidence from a medical practitioner in support of their application.

    As ‘protected information’ covers all information that would identify a person as being a transsexual, if successful in their application a new health record must be created so that protected information is not disclosed.

    Related content

    • Administrative law
    • Blood Safety and Quality Regulations 2005 (as amended)
    • Completed Equality Screenings
    • Human Fertilisation and Embryology Act 2008
    • Police Act 1997
    • Public Health Act (Northern Ireland) 1967
    • The Access to Health Records (Northern Ireland) Order 1993
    • The Access to Personal Files and Medical Reports (Northern Ireland) Order 1991
    • The Adoption Agencies Regulations (Northern Ireland) 1989
    • The Census (Confidentiality) (Northern Ireland) Order 1991
    • The Civil Evidence (Northern Ireland) Order 1997
    • The Common Law Duty of Confidentiality
    • The Computer Misuse Act 1990
    • The Congenital Disabilities (Civil Liability) Act 1976
    • The Consumer Protection (Northern Ireland) Order 1987
    • The Control of Substances Hazardous to Health Regulations (Northern Ireland) (COSHH) 2003
    • The Copyright, Designs and Patents Act 1988
    • The Electronic Communications Act 2000
    • The Environmental Information Regulations 2004
    • The Foster Placement (Children) Regulations (Northern Ireland) 1996
    • The Freedom of Information Act (FOIA) 2000
    • The Gender Recognition (Disclosure of Information) (England, Wales and Northern Ireland) (No. 2) Order 2005
    • The Health and Personal Social Services (General Medical Services Contracts), Regulations (Northern Ireland) 2004
    • The Health and Personal Social Services, General Dental Services (Amendment) Regulations (Northern Ireland) 2008
    • The Health and Safety at Work (Northern Ireland) Order 1978
    • The High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005
    • The Human Rights Act 1998
    • The Limitation (Northern Ireland) Order 1989
    • The Privacy and Electronic Communications (EC Directive) Regulations 2003
    • The Public Interest Disclosure (Northern Ireland) Order 1998
    • The Public Records Act (Northern Ireland) 1923
    • The Sexual Offences (Amendment) Act 1992
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