SCHEDULE 2CHANGE OF GENDER OF MARRIED PERSONS OR CIVIL PARTNERS

PART 1APPLICATIONS BY MARRIED PERSONS AND CIVIL PARTNERS

Successful applications

I14

In section 4 (successful applications)—

a

after subsection (1) insert—

1A

The certificate is to be a full gender recognition certificate if the applicant is neither married nor in a civil partnership.

b

in subsection (2) (substituted by paragraph 3 of schedule 5 to the Marriage (Same Sex Couples) Act 2013)—

i

after first “is” insert “ also ”,

ii

paragraph (a) is repealed,

c

in subsection (3) (as so substituted)—

i

in paragraph (b), at the beginning insert “ subject to subsection (3C)(a), ”, and

ii

in paragraph (e), at the beginning insert “ subject to subsection (3C)(b), ”, and

d

after subsection (3B) (as so substituted) insert—

3C

The certificate is also to be a full gender recognition certificate if—

a

the applicant is a party to a protected Scottish marriage and both parties to the marriage consent to the marriage continuing after the issue of a full gender recognition certificate, or

b

the applicant is a party to a protected Scottish civil partnership and the Gender Recognition Panel has decided to issue a full gender recognition certificate to the other party to the civil partnership.

3D

The certificate is to be an interim gender recognition certificate if—

a

the applicant is a party to a protected Scottish marriage and either party to the marriage does not consent to the marriage continuing after the issue of a full gender recognition certificate,

b

subject to subsection (2)(b), the applicant is a party to a marriage which is not a protected Scottish marriage,

c

the applicant is a party to a protected Scottish civil partnership and the other party to the civil partnership has not made an application under section 1(1),

d

the applicant is a party to a protected Scottish civil partnership and the Gender Recognition Panel has decided not to issue a full gender recognition certificate to the other party to the civil partnership, or

e

subject to subsection (2)(c), the applicant is a party to a civil partnership which is not a protected Scottish civil partnership.

3E

If a Gender Recognition Panel issues a full gender recognition certificate under this section to an applicant who is a party to a protected Scottish marriage, the Panel must give the applicant's spouse notice of the issue of the certificate.

3F

Subsection (3C)(b) is subject to section 5C.