F1Issue of full certificate after interim certificate: applicant married F3or a civil partner

Annotations:
Amendments (Textual)
F1

Ss. 4A, 4B and cross-heading inserted (10.12.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 5 para. 4; S.I. 2014/3169, art. 2

F3

Words in s. 4A cross-heading inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 27 (with reg. 35)

C1C24C F2F5Married person or civil partner with interim certificate: issue of full certificate (Scotland)

1

A Gender Recognition Panel must issue a full gender recognition certificate to a person F6if, on an application by the person (“the applicant”), the Panel is satisfied that the conditions set out in subsection (1A) are met.

F41A

The conditions referred to in subsection (1) are—

a

an interim gender recognition certificate has been issued to the applicant,

b

when the interim gender recognition certificate was issued, the applicant and another person (“P”) were the parties to—

i

a protected Scottish marriage, or

ii

a protected Scottish civil partnership,

c

the applicant and P are still, or have since become, the parties to—

i

a protected Scottish marriage, or

ii

a protected Scottish civil partnership, and

d

P consents to the marriage or civil partnership continuing after the issue of a full gender recognition certificate.

F72

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F73

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4

If, on an application under subsection F8(1), the Panel is not satisfied as mentioned in that subsection, the Panel must reject the application.

5

An application under subsection F9(1) must be made within the period of six months beginning with the day on which the interim gender recognition certificate is issued.

F156

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7

An application under subsection F10(1) must include a statutory declaration of consent (within the meaning of section 3(6D)(b)(i) F11or (6G)(b)(i)) made by the person's spouse F12or (as the case may be) civil partner.

F138

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

If an application is made under this section, the Panel must give the applicant's spouse F14or (as the case may be) civil partner—

a

notice of the application, and

b

if the Panel grants the application, notice of the issue of the full gender recognition certificate.