Clause 4 - Successful applications
Gender Recognition Bill [Lords]
9:30 am
Mr David Taylor (North West Leicestershire, Labour/Co-operative)
I remind the Committee that with this we are discussing the following:
Amendment No. 30, in
clause 4, page 3, line 16, at end insert—
'( ) If subsection 3 and Schedule 2 apply, and the couple intend to live together as partners following an annulment or dissolution of marriage Schedule [Retained benefits following issue of interim gender recognition certificate: living together as partners] shall apply.'.
Amendment No. 32, in
clause 25, page 11, line 29, at end insert—
' ''live together as partners'' means—
(a) none of the provision of sections 1, 11 or 12(a) to 12(f) of the Matrimonial Causes Act 1973 apply;
(b) the couple live together;
(c) the couple retain their responsibilities in relation to any existing dependants; and
(d) the couple maintain existing financial support for one another.'.
Amendment No. 33, in
clause 25, page 11, line 29, at end insert—
'( ) Two people may live together as partners irrespective of whether—
(a) they have been or remain for the time being legally married, or
(b) either of them has been issued with an interim gender recognition certificate or a gender recognition certificate.'.
New clause 3—Retained pension rights—
'(1) The Secretary of State may by order make regulations to allow a couple following annulment or dissolution of marriage under the provisions of Schedule 2 of this Act to retain the pension rights and benefits from any private pension scheme of which either party was a pre-existing member at the time of the issue of an interim gender recognition certificate, provided that both parties show that they intend to live together as partners following the divorce and that none of the circumstances provided for sections 1,11 or 12(a) to 12(f) of the Matrimonial Causes Act 1973 apply.
(2) For the purposes of subsection (1) above a private pension means—
(a) an occupational pension scheme,
(b) a personal pension scheme, or
(c) a stakeholder pension scheme.'.
New schedule 1—Retained benefits following issue of interim gender recognition certificate: living together as partners—
1 A person who is—
(a) married, and
(b) a member of a private pension scheme, and
(c) has been issued with an interim gender recognition certificate,
may apply to the court to order that all rights and benefits of the pension scheme should continue to apply following the annulment or dissolution of marriage if the person can satisfy the court that both parties to the existing marriage intend to live together as partners.
2 A person who is married to a person who—
(a) is a member of a private pension scheme, and
(b) has been issued with an interim gender recognition certificate,
may apply to the court to order that all rights and benefits of the pension scheme should continue to apply following the annulment or dissolution of marriage if the person can satisfy the court that both parties to the existing marriage intend to live together as partners.
3 In this Schedule—
''private pension scheme'' has the same meaning as in section [Retained pension rights](2);
''court'' means the court bearing the petition for divorce.
4 In this Act a couple ''live together as partners'' if—
(a) none of the provisions of sections 1, 11 or 12(a) to 12(f) of the Matrimonial Causes Act 1973 apply;
(b) hey intend to live together; and
(c) hey intend to retain their responsibilities in relation to any existing dependants.
5 Any award made under paragraphs 1 or 2 of this schedule shall be void if the circumstances set out in paragraph 4 cease to apply.
6 An appeal against any award made under paragraphs 1 or 2 of this schedule shall be heard by the court.
7 An appeal under paragraph 6 must show that the circumstances set out in paragraph 4 cease to apply.
8 Any person may show cause why an award under this schedule should not be made by reason of material facts not having been brought before the court; and in such a case the court may—
(a) notwithstanding anything in paragraphs 5 or 6 above, make the award;
(b) rescind the award;
(c) require further inquiry; or
(d) otherwise deal with the case as it thinks fit.
9 An application for an award under this schedule may only be made—
(a) after the issue of an interim gender recognition certificate; and
(b) before the issue of a gender recognition certificate.'.