SCHEDULE 1CONSEQUENTIAL MODIFICATIONS TO PRIMARY LEGISLATION
Gender Recognition Act 20041
1
The Gender Recognition Act 20042 is amended as follows.
2
In section 3F (evidence for granting applications on alternative grounds: Scotland (English and Welsh and Northern Ireland residents)3—
a
for subsection (7) substitute—
7
If the applicant is—
a
married, the application must include a statutory declaration as to whether the marriage is a protected Scottish marriage;
b
a party to a civil partnership, the application must include a statutory declaration as to whether the civil partnership is a protected Scottish civil partnership.
b
after subsection (8) insert—
8A
If the applicant is a party to a protected Scottish civil partnership, the application must also include—
a
a statutory declaration by the applicant’s civil partner that the civil partner consents to the civil partnership continuing after the issue of a full gender recognition certificate (“a statutory declaration of consent”) (if the civil partner has made such a declaration); or
b
a statutory declaration by the applicant that no such declaration by the applicant’s civil partner is included.
c
in subsection (9)—
i
after “applicant’s spouse” insert “or (as the case may be) civil partner”
,
ii
after “the spouse” insert “or civil partner”
.
3
In section 11B (change in gender of civil partner)4, for subsection (3) substitute—
3
If the protected civil partnership is a protected overseas relationship—
a
the continuity of the civil partnership continues by virtue of subsection (2) notwithstanding any impediment under the relevant law;
b
the relevant law is not affected by the continuation of the civil partnership by virtue of subsection (2).
4
In section 11D (continuity of civil partnership: Scotland)5, for the words from “full” to the end substitute “a full gender recognition certificate to either (or both) of the civil partners.”
.
5
In section 25 (interpretation)6 before the definition of “registered psychologist” insert—
“protected Scottish civil partnership” means a civil partnership registered in Scotland,
“protected Scottish marriage” means a marriage solemnised in Scotland,