Search Legislation

Advanced Search

Marriage and Civil Partnership (Scotland) Act 2014

Status:

This is the original version (as it was originally enacted).

Applications by both civil partners

This section has no associated Explanatory Notes

7Before section 6 insert—

“5CProtected Scottish civil partnership: applications by both civil partners

(1)This section applies where a Gender Recognition Panel decides to issue a full gender recognition certificate to a party to a protected Scottish civil partnership.

(2)The Panel must not issue the full gender recognition certificate to that person unless the Panel issues a full gender recognition certificate to the other party to the protected Scottish civil partnership.

(3)In such a case, the Panel must issue both certificates on the same day.

(4)Those certificates take effect at the beginning of the day on which they are issued.

5DProtected Scottish civil partnership: power to make further provision for issue of full certificate

(1)The Scottish Ministers may by order provide for the issue by a Gender Recognition Panel, on an application under section 1(1) by a qualifying person, of a full gender recognition certificate in additional circumstances to those specified in section 4(3C)(b) or 5C.

(2)In subsection (1), “qualifying person” means a person who is a party to a protected Scottish civil partnership.

(3)An order under subsection (1) may include, in particular, provision about—

(a)the evidence or other information that is to be included with an application,

(b)the procedure to be followed in determining an application, including provision for the giving of notice to any person,

(c)the effect of the issuing to the applicant of a full gender recognition certificate in relation to the civil partnership to which the applicant is party.

(4)Provision under subsection (3)(c) may include, in particular, provision for changing the civil partnership into a marriage.

(5)An order under subsection (1) may modify this Act or any other enactment.

(6)Before making an order under subsection (1), the Scottish Ministers must consult the following persons on a copy of the proposed draft order—

(a)the Registrar General for Scotland,

(b)the Gender Recognition Panel, and

(c)such other persons as the Scottish Ministers consider appropriate.”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources