Marriage and Civil Partnership (Scotland) Act 2014 Explanatory Notes

Registration

289.Paragraph 9(1) amends section 10 of the Gender Recognition Act. New subsection (1B) provides that if the Panel or the sheriff issues a full gender recognition certificate to one or both parties in a protected Scottish marriage or protected Scottish civil partnership, the Panel must send a copy of the full gender recognition certificate(s) to the Registrar General for Scotland.

290.Paragraph 9(2) makes some consequential amendments to Part 2 of Schedule 3 to the Gender Recognition Act which concerns registration matters in Scotland. In addition, paragraph 9(2) inserts a new paragraph 20A into Schedule 3 to that Act. It provides the Registrar General with a power to make regulations, with the approval of the Scottish Ministers, about the registration of qualifying Scottish marriages and Scottish civil partnerships (defined as marriages and civil partnerships in Scotland where one or both parties (both parties in relation to civil partnerships) have been issued with full gender recognition certificates). Such regulations could make provision for the administrative issue of new marriage and civil partnership certificates.

291.In accordance with the amendments made by paragraph 19, any regulations under the new paragraph 20A of Schedule 3 to the Gender Recognition Act would be subject to negative procedure.

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