Marriage and Civil Partnership (Scotland) Act 2014

Successful applications

4 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(ii) paragraph (a) is repealed,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.”.