thegoodfellas/blogset-br huggingface dataset:
may differ according to circumstances. The fee will not be refundable.Section 8: Appeals etc.25. This provides the applicant with a right of appeal on a point of law to the High Court, or Court of Session in Scotland, and subsection (5) provides the Secretary of State with the right to refer a case to the High Court or Court of Session if he considers that the grant of an application was secured by fraud.26. Subsection (4) stipulates that if an application under section 1(1) is rejected the applicant may not make a further application until six months have elapsed.Section 9: General27. Subsection (1) states the fundamental proposition that once a full gender recognition certificate is issued to an applicant, the person's gender becomes for all purposes the acquired gender, so that an applicant who was born a male would, in law, become a woman for all purposes. She would, for example, be entitled to protection as a woman under the Sex Discrimination Act 1975; and she would be considered to be female for the purposes of section 11(c) of the Matrimonial Causes Act 1973, and so able to contract a valid marriage with a man.28. Subsection (2) provides amplification of subsection (1), making clear that the recognition is not retrospective, so the certificate does not rewrite the gender history of the transsexual person, and that the new gender applies for the interpretation of enactments, instruments and documents made before as well as after the issue of a certificate.29. Subsection (3) means that the general proposition is subject to exceptions made by the remainder of the Act and, for the future, by any other enactment or subordinate legislation.Section 10: Registration30. This provides the mechanisms by which individuals who have received recognition in the acquired gender and who have a UK birth register entry will have new entries created to reflect the acquired gender. Subsection (4) brings Schedule 3 into effect. The UK has three Registrars General, covering England and Wales, Scotland, and Northern Ireland. There is separate legislation covering the functions of each and hence Schedule 3 is divided into three parts.31. Paragraph 2 of Schedule 3 requires the Registrar General for England and Wales to create a Gender Recognition Register ("GRR"). This Register will not be open to public inspection or search.32. Paragraph 3 ensures that the issue of a gender recognition certificate obliges the Registrar General to make an entry in the GRR and to mark the original entry referring to the birth (or adoption) of the transsexual person to show that the original entry has been superseded. This will ensure that caution is exercised when an application is received for a certificate from the original birth (or adoption) record. If applicants for a birth certificate provide details of the name recorded on the birth certificate, they will be issued with a certificate from the birth record. If they supply the details recorded on the GRR, they will receive a certificate compiled from the entry in the GRR. The mark linking the two entries will be chosen carefully to ensure that
the fact that an entry is contained in the GRR is not apparent. The mark will not be included in any certificate compiled from the entries on the register.33. Paragraph 4 provides that the annual index to birth records will include entries relating to the GRR. Such entries will be recorded in the index in the year in which the new record is created. The entry for a transsexual person's birth record will remain in the index for the year in which the birth was originally registered. The index will not disclose the fact that an entry relates to a record in the GRR.34. Paragraphs 5 and 6 make provision for certified copies to be made of any entry in the GRR and to be issued to anyone who would be entitled to a certified copy of the original entry relating to the transsexual person. They ensure that it will not be apparent from the certified copy that it is compiled from the GRR. Such certificates will look the same as any other birth (or adoption) certificate.35. Paragraph 7 gives the Register General the same power to re-register a birth recorded in the GRR to show a person as the father as a registrar would have under section 10 of the Births and Deaths Registration Act 1953. Paragraph 8 gives the Registrar General the power to correct an entry in the GRR in the same way as the original entry could be corrected.36. Paragraph 9 provides for any entry in the GRR, or mark relating to that entry in the original register, to be cancelled if the gender recognition certificate is revoked.Paragraph 10 provides that a certified copy of an entry in the GRR will have the same evidential value as a certified copy of the entry in the original register.37. Paragraph 11 gives the Chancellor of the Exchequer an express power to make an order amending Part 1 of Schedule 3 in consequence of any order made under the Regulatory Reform Act 2001 which includes provisions in relation to the system of registration of births and adoptions in England and Wales. Any order made by the Chancellor under this paragraph must, by section 24(3) of the Act, be made by the affirmative resolution procedure. An order is expected to be made under the Regulatory Reform Act to reform the legislation relating to the registration of births, marriages and deaths. Because of the restrictions contained in the Regulatory Reform Act (which prevent an order made under that Act reforming any law passed less than two years before the order is made) it will not be possible for that order to contain provisions amending Schedule 3. Without the power conferred by paragraph 11, either the order would have to be delayed, or the GRR would need to be kept in the 'old' format even though the format of other registers had been updated.38. Parts 2 and 3 of Schedule 3 make equivalent provision in relation to Scotland and Northern Ireland.Section 11: Marriage39. This gives effect to Schedule 4.40. Paragraphs 1 and 2 of
Schedule 4 adjust the restrictions on marriage under section 1 of the Marriage Act 1949. There are, for example, restrictions on marriage between a woman and her ex-husband's father. The adjustments made here will mean that where one party to the marriage is regarded as being of the acquired gender, the restrictions cover relationships flowing from any previous marriage in the birth gender, i.e. a woman who is a male-to-female transsexual person may not marry her ex-wife's father. This provision is mirrored for Scotland in paragraph 7 and for Northern Ireland in paragraph 8.41. Paragraph 3 amends the Marriage Act 1949 to provide an additional exception to the obligation on clergy in the Church of England and the Church in Wales to solemnise marriages. A clergyman will not be obliged to marry a person he reasonably believes to have changed gender under the Act. No such provision is needed for Northern Ireland or Scotland as there is no obligation to solemnise marriages on the clergy of churches in those jurisdictions.42. Paragraphs 4 to 6 amend the Matrimonial Causes Act 1973 so that if at the time of a marriage one party to the marriage did not know that the other was previously of another gender, the former may seek to annul the marriage. Equivalent provision is made for Northern Ireland in paragraphs 9 to 11. Scotland does not have the same concept of voidable marriage.Section 12: Parenthood43. This provides that though a person is regarded as being of the acquired gender, the person will retain their original status as either father or mother of a child. The continuity of parental rights and responsibilities is thus ensured.Section 13: Social security benefits and pensions44. This brings Schedule 5 into effect.45. Paragraphs 3 to 6 of Schedule 5 are designed to ensure that transsexual people are treated according to their acquired gender in so far as certain survivor's benefits are concerned. The benefits in question are Widowed Mother's Allowance, Widow's Pension, Widowed Parent's Allowance, Incapacity Benefit and Category A retirement pension.46. Under Paragraph 3 where, immediately before a full certificate is issued, a female-to-male transsexual person with dependant children is, or but for the absence of a claim would be, entitled to Widowed Mother's Allowance under section 37 of the 1992 Act (as defined in paragraph 2(1) of Schedule 5), that person will not be entitled to that Allowance after the certificate is issued. The reason for this is that Widowed Mother's Allowance is gender specific and it must therefore be brought to an end on legal recognition as a man. Widowed Parent's Allowance will be available instead to such a person in accordance with the normal rules. Under sub-paragraph (2) of paragraph 3 it will not be necessary to make a claim for Widowed Parent's Allowance where the person is entitled to Widowed Mother's Allowance immediately before the full certificate is issued.47. Paragraph 4 ensures that where, immediately before a full certificate is issued, a female-to-male transsexual person is entitled to a Widow's Pension under section 38 of the 1992 Act, that person will
not be entitled to that Pension after the certificate is issued. Widow's Pension is gender specific and must therefore also be brought to an end on legal recognition as a man.48. Under paragraph 5 where, immediately before a full certificate is issued, a male-to-female transsexual person is, or but for the absence of a claim would be, entitled to Widowed Parent's Allowance under section 39A of the 1992 Act, that person will continue to be eligible for that Allowance after the certificate is issued. Widowed Parent's Allowance is gender neutral.49. Paragraph 6 ensures that where, immediately before a full certificate is issued, a person is entitled to Incapacity Benefit, or a Category A retirement pension, under section 40 or 41 of the 1992 Act (which provisions are gender specific), that person will not be so entitled after the certificate is issued.50. Paragraphs 7 to 12 deal with Retirement Pensions. At present, there are differences in the treatment of men and women for the purposes of Retirement Pensions. The main difference is that men reach pensionable age at 65, while women reach pensionable age at 60. These inequalities will begin to disappear from April 2010, but the equalisation process will not be complete until 2020.51. Paragraph 7 relates to Category A pensions. Category A pensions are derived from the pensioner's own National Insurance contributions. Sub-paragraph (1) sets out the general provision that any question as to current or future entitlement to a Category A pension after the full gender recognition certificate is issued shall be determined on the basis of the transsexual person's new gender. That entitlement is to be calculated on the basis that the transsexual person's gender had always been the acquired gender. This ensures that, for instance, a man who becomes a woman will be assessed using the working life appropriate to a woman.52. Sub-paragraph (2) makes clear that where a woman who is in receipt of a Category A pension changes gender before the age of 65 (i.e. the age when men can get a Retirement Pension) then entitlement to that pension will cease (a new claim for a Category A pension can be made as a man at age 65).53. Sub-paragraph (3) provides that where a man changes gender and at the time he is under 65, but has attained the age at which a woman reaches pensionable age, for the purpose of determining entitlement to a Category A pension, that person will be treated as attaining the pensionable age for a woman when the full gender recognition certificate is issued.54. Sub-paragraph (4) makes an exception to sub-paragraph (1). It provides that in determining entitlement in accordance with sub-paragraph (1), any (a) National Insurance contributions that have been paid or credited (b) earnings that have been credited, and (c) entitlement to Home Responsibilities Protection will not be affected by the gender change.55. Paragraph 8 deals with Category B pensions (and increases to Category A pensions resulting from entitlement to Category B pensions). Category B pensions are based on the contributions of a spouse or former spouse. At present
married women, widows and widowers can derive entitlement to Category B pensions. From 2010 Category B pensions will become available to married men and in addition current differences in the rules for widows and widowers will be addressed. Currently sections 48A and 51A of the 1992 Act apply only to married women, section 48B applies only to widows and section 51 only to widowers. Sections 48BB and 52 apply equally to men and women.56. Sub-paragraph (1) sets out the general provision that any question as to current or future entitlement to a Category B pension or an increase to a Category A pension shall be determined on the basis of the transsexual person's acquired gender after the full gender recognition certificate is issued.57. Sub-paragraph (2), in conjunction with sub-paragraph (1) provides that where a woman is entitled to a Category B pension or an increase in her Category A pension then, if she changes gender, she may lose it. This would happen where it would not be available to a man in the same circumstances. Examples of this occurring include where immediately before the full gender recognition certificate is issued:(a) she has not attained the age of 65; or(b) she is bereaved before her 65th birthday, which falls before 6th April 2010, and her late spouse had died (after 6 April 1979) before reaching pensionable age; or(c) she is bereaved and her spouse died before 6th April 1979.58. Sub-paragraph (3) provides that where a man changes gender and at the time he is under 65, but has attained the age at which a woman reaches pensionable age, for the purpose of determining entitlement to a Category B pension, that person will be treated as attaining the pensionable age for a woman when the full gender recognition certificate is issued.59. Sub-paragraph (4) provides that a man who changes gender cannot get a Category B pension on the grounds of having been widowed if he would not have been entitled to one as a widower under section 51 of the 1992 Act.60. Paragraph 9 deals with shared additional pensions, which can derive from a pension sharing order granted when a marriage is dissolved.61. Sub-paragraph (1) provides that any question relating to entitlement to, or the rate of, a shared additional pension shall be determined on the basis of the transsexual person attaining pensionable age on the same date as someone of the acquired gender and at the same age.62. Sub-paragraph (2) makes clear that where a woman who is in receipt of a shared additional pension changes gender before the age of 65 then entitlement to that pension will cease (a new claim can be made as a man at age 65).63. Sub-paragraph (3) provides that where a man changes gender and at the time he is under 65, but has attained the age at which a woman reaches pensionable age, for the purpose of determining entitlement to a shared additional pension, that person will be treated as attaining the pensionable age for a woman when the full gender recognition certificate is issued.64. Paragraph
10 deals with deferment of Category A and B pensions and of shared additional pensions. Where a person defers claiming such a pension immediately on reaching pensionable age, he shall get an increase in the pension when it is claimed. This paragraph provides that for any period of deferral before a full gender recognition certificate is issued, the deferral for that period will only be effective if it could also have been made in the acquired gender.65. Paragraph 11 relates to Category C pensions. These are payable to people who were over pensionable age on 5th July 1948 or their wives or widows (if they are over pensionable age). There are still some pensioners getting Category C pensions and for consistency paragraph 11 provides that if a Category C pension is in payment to a married woman or widow then this should be divested on a gender change (as the pension is not available in the same circumstances to men).66. Paragraphs 12 and 13 deal with graduated retirement benefit. Employees could accrue entitlement to this benefit based on earnings between April 1961 and April 1975. There are different rules for men and women at present. These provisions enable amendments to be made to regulations to take account of a person changing gender.67. Paragraph 14 sets out how entitlement to a Guaranteed Minimum Pension ("GMP") under the Pension Schemes Act 1993 will be affected when a full gender recognition certificate is issued to a person. The Pension Schemes Act 1993 provides that pensionable age in respect of men is 65 and in respect of women is 60. This difference in pensionable age also affects the accrual rate of GMPs.68. Sub-paragraph (1) states that for this paragraph "the 1993 Act" means the Pension Schemes Act 1993.69. Sub-paragraph (2) provides that the amount of a person's accrued GMP entitlement will continue to be determined by reference to the person's birth gender. This is necessary because a person's entitlement to a GMP, like scheme benefits, has already accrued in the past and it is a general principle of the Act that the issue of a full gender recognition certificate should not affect events that occurred before its issue. The exception to this is that any increases in the GMP derived from revaluation under section 16 of the 1993 Act will be calculated by reference to a person's GMP pensionable age after the issuing of the full gender recognition certificate.70. Sub-paragraph (3) provides that a woman's entitlement to a GMP will cease if she changes gender and she is under 65. The person's GMP pensionable age will become 65 and so entitlement to a GMP will commence again when they become 65. The anti-franking requirements set out in Chapter 3 of Part 4 of the Pension Schemes Act will also apply when the person becomes 65. Anti-franking applies where a person, with a contract of employment ending before 1st June 1985, left a pension scheme before pensionable age. It ensures that any indexation or revaluation of GMP does not erode scheme benefits. Instead, any increase is added
to the total scheme benefits. Sub-paragraph (4) provides that where a person's GMP ceases under paragraph (3) then any pension already paid is not to be affected. Where a woman had been entitled to a GMP but deferred payment of it then any increases to the GMP because of the deferral will be added to their GMP when they become 65.71. Sub-paragraph (5) provides that where a man who is aged at least 60 but has not reached 65 changes gender then he will be treated as attaining GMP pensionable age when the full gender recognition certificate is issued.72. Sub-paragraph (6) provides that where a person changes gender after the age of 65 then their pensionable age for GMP purposes is not affected. As a result such a person's GMP will not be affected by their change of gender.73. Sub-paragraph (7) makes provision for a person's entitlement to a widow's or widower's GMP to continue following a change of gender. A widow's or widower's GMP will still only be payable to that person where the conditions regarding entitlement are satisfied.74. Sub-paragraph (8) provides that where a person's GMP has been secured by an insurance policy or annuity in accordance with section 19 of the Pension Schemes Act 1993, then the issuing of a full gender recognition certificate will not affect the terms of that insurance policy or annuity contract.75. Paragraph 15 makes parallel provision in relation to the Pension Schemes (Northern Ireland) Act 1993 .76. Paragraph 16 deals with Equivalent Pension Benefits. These accrued between 1961 and 1975, in place of Graduated Retirement Benefit, for those individuals who had private pensions. The legislation operates differently in respect of men and women. This provision enables modifications to be made to take account of a person's change of gender. Paragraph 17 makes a parallel provision in respect of Equivalent Pension Benefits of Northern Ireland.Other Explanatory Notes | Home | Her Majesty's Stationery OfficeWe welcome your comments on this site Crown Copyright 2004Prepared: 8 July 2004
Invalidade parcial8.2.3. Consequencias juridicas8.3. Negocio juridico ineficaz8.3.1. Nocao8.3.2. Consequencias juridicas9. Vicios do consentimento9.1. Erro9.1.1. Nocao9.1.2. Classificacao9.1.3. Efeitos9.2. Dolo9.2.1. Nocao9.2.2. Classificacao9.2.3. Reserva mental9.2.4. Efeitos9.3. Coacao9.3.1. Nocao9.3.2. Especies9.3.3. Temor reverencial9.3.4. Efeitos9.4. Lesao9.4.1. Nocao9.4.2. Classificacao9.4.3. Efeitos9.5. Estado de Perigo e Necessidade9.5.1. Nocao9.5.2. Distincao9.5.3. Efeitos9.6. Simulacao9.6.1. Nocao9.6.2. Classificacao9.6.3. Fraude a lei9.6.4. Efeitos9.7. Fraude Contra Credores9.7.1. Nocao9.7.2. Fraude a execucao9.7.3. Efeitos
chegar o mais proximo permitido da fruicao dos direitos basicos do cidadao (art. 5, X, da Constituicao da Republica), eliminando proposicoes discriminatorias, como a de manter, contra as evidencias admitidas ate por criancas inocentes, erro na conceituacao do sexo predominante do transexual'. E, mais adiante, aludindo a dubiedade existente no portador da sindrome de identidade sexual, acrescenta: 'A medicina podera aliviar o peso da dubiedade, com tecnicas cirurgicas. O Estado confia que o sistema legal e apto a fornecer a saida honrosa e deve assumir uma posicao que valoriza a conquista da felicidade ('soberana e a vida, nao a lei', Min. Salvio de Figueiredo Teixeira, in 'O aprimoramento do Processo Civil como pressuposto de uma justica melhor', AJURIS 57/80), quando livre da ameaca de criar-se excecao ao controle da paz social'. A tendencia que se observa no mundo e a de alterar-se o registro adequando-se o sexo juridico ao sexo aparente. O jornal 'EI Mundo', edicao de 18 de marco de 2000, anunciou: 'Um juez ordena el cambio de nombre del primer transexual operado por la Seguridade Social'. Embora a manchete aluda apenas a mudanca do nome, a alteracao envolveu tambem o sexo, esclarecendo que o Juizado n. 21, de Primeira Instancia de Sevilha - Espanha, ordenou a alteracao do nome e do sexo de Suzana G. G., o primeiro transexual operado na Espanha pela Previdencia Social, acrescentando: 'La sentenca recoge que ha quedado debidamente acreditado que Susana, antes Antonio, ha 'assumido y ejercitado desde su infancia roles claramente femeninos', que solo se han manifestado em su comportamiento, relaciones, o forma de vestir, sino que incluso le llevaron a 'intentos de mutilacion por la adversion y repugnancia que sentida hacia sus organos genitales masculinos, existiendo uma disociation entre tales organos y sus sentimientos' (...) Ja na Declaracao Universal dos Direitos do Homem, adotada e proclamada pela Resolucao 217 A (III) da Assembleia Geral das Nacoes Unidas em 10 de dezembro de 1948, afirmava-se que a dignidade e inerente a todos os membros da familia humana. E a Constituicao em vigor inclui, entre os direitos individuais, a inviolabilidade da intimidade, da vida privada, da honra e da imagem das pessoas (art. 5, X). Reside aqui o fundamento legal autorizador da mudanca do sexo juridico, pois sem ela, ofendida estara a intimidade do autor, bem como sua honra. O constrangimento, a cada vez que se identifica, afastou o autor de atos absolutamente normais em qualquer individuo, pelo medo da chacota. A busca da felicidade, que e direito de qualquer ser humano, acabou comprometida. Essa preocupacao e que levou esta 5a Camara de Direito Privado a admitir a alteracao do nome e do sexo no assento de nascimento de H. D. B., tambem transexual primario. Afirmou o acordao - que curiosamente manteve a indicacao de 'transexual' como sendo o sexo do registrado - que "nao se pode deixar de reconhecer ao autor o direito de viver como ser humano que e, amoldando-se a sociedade em que quer fazer parte. E nao quer viver o autor como marginalizado, como discriminado, num estado de anomia e anomalia.