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.