3AAlternative grounds for granting applications

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 3B and meets the conditions in subsections (3) to (6).

3

The first condition is that the applicant was a party to a protected marriage or a protected 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 12 of the Marriage (Same Sex Couples) Act 2013,

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 surgical treatment for the purpose of modifying sexual characteristics.

6

The fourth condition is that the applicant is ordinarily resident in England, Wales or Scotland.

7

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