PART 4CHANGE OF GENDER OF MARRIED PERSONS OR CIVIL PARTNERS

30Renewed marriage or civil partnership following issue of full gender recognition certificate

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 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.