PART 4

CHANGE OF GENDER OF MARRIED PERSONS OR CIVIL PARTNERS

Change of gender of married persons or civil partners
29
Schedule 2 (change of gender of married persons or civil partners) has effect.

Renewed marriage or civil partnership following issue of full gender recognition certificate
30
1
The Scottish Ministers may by regulations make provision about—
a
the solemnisation of a renewed marriage between the parties to a protected Scottish marriage following the issue of a full gender recognition certificate to a party (or both parties) to the marriage,
b
the registration of a renewed civil partnership between the parties to a protected Scottish civil partnership following the issue of full gender recognition certificates to a party (or both parties) to the civil partnership.
2
Regulations under subsection (1) may in particular make provision—
a
about the submitting by the parties to the protected Scottish marriage of notice of intention to enter into a renewed marriage,
b
about the submitting by the parties to the protected Scottish civil partnership of notice of intention to enter into a renewed civil partnership,
c
about the information to be provided by the parties,
d
about the provision of evidence by the parties,
e
for the parties to appear before any person or appear at any place,
f
conferring functions on persons in relation to a renewed marriage or renewed civil partnership,
g
for fees, of such amounts as are specified in or determined in accordance with the regulations, to be payable in respect of—
i
the submitting of notice of intention to enter into a renewed marriage or renewed civil partnership,
ii
the exercise of any function conferred by virtue of paragraph (f).
3
Functions conferred by virtue of subsection (2)(f) may include functions relating to—
a
the recording of information relating to a renewed marriage or renewed civil partnership,
b
the issuing of certified copies of any information recorded,
c
the conducting of services or ceremonies in connection with a renewed marriage or renewed civil partnership.
4
Before making regulations under subsection (1), the Scottish Ministers must consult the Registrar General of Births, Deaths and Marriages for Scotland.
5
Regulations under subsection (1)—
a
may include consequential, supplementary, incidental, transitional, transitory or saving provision,
b
may make provision applying any provision of the 1977 Act or the 2004 Act (either with or without modifications),
c
may modify any enactment (including this Act),
d
are (except where subsection (6) applies) subject to the negative procedure.
6
Regulations under subsection (1) which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure.
7
In this section “full gender recognition certificate”, “protected Scottish civil partnership” and “protected Scottish marriage” have the meanings given by section 25 of the Gender Recognition Act 2004.

Grounds of divorce: interim gender recognition certificate followed by full certificate
31
1
Section 1 of the Divorce (Scotland) Act 1976 (grounds of divorce) is amended as follows.
2
In subsection (1)(b) (issue of interim gender recognition certificate as ground on which decree of divorce may be granted), at the beginning insert “ subject to subsection (3B), ”.
3
After subsection (3A) (inserted by section 5(2) of this Act) insert—
3B
Subsection (1)(b)—
a
does not apply where, under the Gender Recognition Act 2004, the Gender Recognition Panel issue a full gender recognition certificate to the person to whom the interim gender recognition certificate was issued, but
b
continues to apply despite a full gender recognition certificate being issued to that person by the sheriff under section 4E of that Act.
.
S. 29 in force at 1.9.2014 for specified purposes by S.S.I. 2014/212, art. 2, Sch.
S. 30 in force at 1.9.2014 by S.S.I. 2014/212, art. 2, Sch.
S. 29 in force at 16.12.2014 in so far as not already in force by S.S.I. 2014/287, art. 3, Sch.
S. 31 in force at 16.12.2014 by S.S.I. 2014/287, art. 3, Sch.
Words in s. 30(1)(b) substituted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 7(2); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)