Successful applicationsS
4SIn 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(ii)paragraph (a) is repealed,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.”.
Commencement Information
I1Sch. 2 para. 4 in force at 16.12.2014 by S.S.I. 2014/287, art. 3, Sch.