SCHEDULES

SCHEDULE 5Change of gender of married persons or civil partners

PART 1Applications by married persons and civil partners

2Evidence

Section 3 (evidence): after subsection (6) insert—

6A

If the applicant is married, an application under section 1(1) must include a statutory declaration as to whether the marriage is a marriage under the law of England and Wales, of Scotland, of Northern Ireland, or of a country or territory outside the United Kingdom.

6B

If the applicant is married, and the marriage is a protected marriage, an application under section 1(1) must also include—

a

a statutory declaration by the applicant’s spouse that the spouse consents to the marriage continuing after the issue of a full gender recognition certificate (“a statutory declaration of consent”) (if the spouse has made such a declaration), or

b

a statutory declaration by the applicant that the applicant’s spouse has not made a statutory declaration of consent (if that is the case).

6C

If an application includes a statutory declaration of consent by the applicant’s spouse, the Gender Recognition Panel must give the spouse notice that the application has been made.