Search Legislation

Marriage and Civil Partnership (Scotland) Act 2014

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Alternative grounds for granting applications

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Marriage and Civil Partnership (Scotland) Act 2014, Cross Heading: Alternative grounds for granting applications. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Alternative grounds for granting applicationsS

14In section 2 (determination of applications), after subsection (3A) insert—

(3B)This section does not apply to an application under section 1(1)(a) which states that it is an application for a certificate to be granted in accordance with section 3C..

Commencement Information

I1Sch. 2 para. 14 in force at 16.12.2014 by S.S.I. 2014/287, art. 3, Sch.

15After section 3B insert—

3CAlternative grounds for granting applications: Scotland

(1)This section applies to an application under section 1(1)(a) which states that it is an application for a certificate to be granted in accordance with this section.

(2)The Panel must grant the application if satisfied that the applicant complies with the requirements imposed by and under section 3D and meets the conditions in subsections (3) to (6).

(3)The first condition is that the applicant was a party to a protected Scottish marriage or a protected Scottish civil partnership on or before the date the application was made.

(4)The second condition is that the applicant—

(a)was living in the acquired gender six years before the commencement of section 29 of the Marriage and Civil Partnership (Scotland) Act 2014,

(b)continued to live in the acquired gender until the date the application was made, and

(c)intends to continue to live in the acquired gender until death.

(5)The third condition is that the applicant—

(a)has or has had gender dysphoria, or

(b)has undergone—

(i)surgical treatment, or

(ii)such other treatment as the Scottish Ministers may by order prescribe,

for the purpose of modifying sexual characteristics.

(6)The fourth condition is that the applicant is ordinarily resident in Scotland.

(7)Before making an order under subsection (5)(b)(ii) the Scottish Ministers must consult the following persons on a copy of the proposed draft order—

(a)the Gender Recognition Panel,

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

(8)An order under subsection (5)(b)(ii)—

(a)may make different provision for different cases or circumstances,

(b)may amend any enactment (including this Act).

(9)The Panel must reject the application if not required by subsection (2) to grant it..

Commencement Information

I2Sch. 2 para. 15 in force at 1.9.2014 for specified purposes by S.S.I. 2014/212, art. 2, Sch.

I3Sch. 2 para. 15 in force at 16.12.2014 in so far as not already in force by S.S.I. 2014/287, art. 3, Sch.

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

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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