SCHEDULE 2CHANGE OF GENDER OF MARRIED PERSONS OR CIVIL PARTNERS

PART 1APPLICATIONS BY MARRIED PERSONS AND CIVIL PARTNERS

Successful applications

4

In section 4 (successful applications)—

(a)

after subsection (1) insert—

“(1A)

The certificate is to be a full gender recognition certificate if the applicant is neither married nor in a civil partnership.”,

(b)

in subsection (2) (substituted by paragraph 3 of schedule 5 to the Marriage (Same Sex Couples) Act 2013)—

(i)

after first “is” insert “ also ”,

(ii)

paragraph (a) is repealed,

(c)

in subsection (3) (as so substituted)—

(i)

in paragraph (b), at the beginning insert “ subject to subsection (3C)(a), ”, and

(ii)

in paragraph (e), at the beginning insert “ subject to subsection (3C)(b), ”, and

(d)

after subsection (3B) (as so substituted) insert—

“(3C)

The certificate is also to be a full gender recognition certificate if—

(a)

the applicant is a party to a protected Scottish marriage and both parties to the marriage consent to the marriage continuing after the issue of a full gender recognition certificate, or

(b)

the applicant is a party to a protected Scottish civil partnership and the Gender Recognition Panel has decided to issue a full gender recognition certificate to the other party to the civil partnership.

(3D)

The certificate is to be an interim gender recognition certificate if—

(a)

the applicant is a party to a protected Scottish marriage and either party to the marriage does not consent to the marriage continuing after the issue of a full gender recognition certificate,

(b)

subject to subsection (2)(b), the applicant is a party to a marriage which is not a protected Scottish marriage,

(c)

the applicant is a party to a protected Scottish civil partnership and the other party to the civil partnership has not made an application under section 1(1),

(d)

the applicant is a party to a protected Scottish civil partnership and the Gender Recognition Panel has decided not to issue a full gender recognition certificate to the other party to the civil partnership, or

(e)

subject to subsection (2)(c), the applicant is a party to a civil partnership which is not a protected Scottish civil partnership.

(3E)

If a Gender Recognition Panel issues a full gender recognition certificate under this section to an applicant who is a party to a protected Scottish marriage, the Panel must give the applicant's spouse notice of the issue of the certificate.

(3F)

Subsection (3C)(b) is subject to section 5C.”.