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paragraph (a) is repealed,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.