Marriage and Civil Partnership (Scotland) Act 2014 (asp 5)

SCHEDULE 2 S CHANGE OF GENDER OF MARRIED PERSONS OR CIVIL PARTNERS

PART 1 S APPLICATIONS BY MARRIED PERSONS AND CIVIL PARTNERS

Applications by both civil partners S

7 S Before section 6 insert—

“5C Protected Scottish civil partnership: applications by both civil partners

(1) This section applies where a Gender Recognition Panel decides to issue a full gender recognition certificate to a party to a protected Scottish civil partnership.

(2) The Panel must not issue the full gender recognition certificate to that person unless the Panel issues a full gender recognition certificate to the other party to the protected Scottish civil partnership.

(3) In such a case, the Panel must issue both certificates on the same day.

(4) Those certificates take effect at the beginning of the day on which they are issued.

5D Protected Scottish civil partnership: power to make further provision for issue of full certificate

(1) The Scottish Ministers may by order provide for the issue by a Gender Recognition Panel, on an application under section 1(1) by a qualifying person, of a full gender recognition certificate in additional circumstances to those specified in section 4(3C)(b) or 5C.

(2) In subsection (1), “qualifying person” means a person who is a party to a protected Scottish civil partnership.

(3) An order under subsection (1) may include, in particular, provision about—

(a) the evidence or other information that is to be included with an application,

(b) the procedure to be followed in determining an application, including provision for the giving of notice to any person,

(c) the effect of the issuing to the applicant of a full gender recognition certificate in relation to the civil partnership to which the applicant is party.

(4) Provision under subsection (3)(c) may include, in particular, provision for changing the civil partnership into a marriage.

(5) An order under subsection (1) may modify this Act or any other enactment.

(6) Before making an order under subsection (1), the Scottish Ministers must consult the following persons on a copy of the proposed draft order—

(a) the Registrar General for Scotland,

(b) the Gender Recognition Panel, and

(c) such other persons as the Scottish Ministers consider appropriate.”.

Commencement Information

I1 Sch. 2 para. 7 in force at 1.9.2014 for specified purposes by S.S.I. 2014/212, art. 2, Sch.

I2 Sch. 2 para. 7 in force at 16.12.2014 in so far as not already in force by S.S.I. 2014/287, art. 3, Sch.