Search Legislation

Civil Partnership (Scotland) Act 2020

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Modification of the Gender Recognition Act 2004

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Civil Partnership (Scotland) Act 2020, Cross Heading: Modification of the Gender Recognition Act 2004. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Modification of the Gender Recognition Act 2004S

5(1)The Gender Recognition Act 2004 is modified as follows.S

(2)In section 3 (evidence), after subsection (6F) insert—

(6G)If the applicant is a party to a protected Scottish civil partnership, an application under section 1(1) must also include—

(a)a statutory declaration by the applicant that the applicant wishes the civil partnership to continue after the issue of a full gender recognition certificate (if that is the case), and

(b)either—

(i)a statutory declaration by the applicant's civil partner that the civil partner consents to the civil partnership continuing after the issue of a full gender recognition certificate (“a statutory declaration of consent”) (if the civil partner has made such a declaration), or

(ii)a statutory declaration by the applicant that no such declaration by the applicant's civil partner is included.

(6H)If an application includes a statutory declaration of consent by the applicant's civil partner under subsection (6G)(b)(i), the Gender Recognition Panel must give the civil partner notice that the application has been made..

(3)In section 3D (evidence for granting applications on alternative grounds: Scotland)—

(a)for subsection (7) substitute—

(7)If the applicant is—

(a)married, the application must include a statutory declaration as to whether the marriage is a protected Scottish marriage,

(b)a party to a civil partnership, the application must include a statutory declaration as to whether the civil partnership is a protected Scottish civil partnership.,

(b)after subsection (8) insert—

(8A)If the applicant is a party to a protected Scottish civil partnership, the application must also include—

(a)a statutory declaration of consent (within the meaning of section 3(6G)(b)(i)) by the applicant's civil partner (if the civil partner has made such a declaration), or

(b)a statutory declaration by the applicant that no such declaration by the applicant's civil partner is included.,

(c)in subsection (9)—

(i)after “applicant's spouse” insert “ or (as the case may be) civil partner ”,

(ii)after “the spouse” insert “ or civil partner ”.

(4)In section 4 (successful applications)—

(a)in subsection (3)(e), for “(3C)(b)” substitute “ (3C)(c) ”,

(b)in subsection (3C)—

(i)paragraph (b) is repealed,

(ii)after paragraph (a) insert—

(c)the applicant is a party to a protected Scottish civil partnership and both parties to the partnership consent to it continuing after the issue of a full gender recognition certificate,,

(c)in subsection (3D)—

(i)paragraphs (c) and (d) are repealed,

(ii)after paragraph (b) insert—

(ba)the applicant is a party to a protected Scottish civil partnership and either party to the partnership does not consent to it continuing after the issue of a full gender recognition certificate,,

(d)after subsection (3E) insert—

(3EA)​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 civil partnership, the Panel must give the applicant's civil partner notice of the issue of the certificate.,

(e)subsection (3F) is repealed.

(5)In section 4C (married person with interim certificate: issue of full certificate (Scotland))—

(a)in subsection (1), for “in either of the following cases” substitute “ if, on an application by the person (“the applicant”), the Panel is satisfied that the conditions set out in subsection (1A) are met ”,

(b)after subsection (1) insert—

(1A)The conditions referred to in subsection (1) are—

(a)an interim gender recognition certificate has been issued to the applicant,

(b)when the interim gender recognition certificate was issued, the applicant and another person (“P”) were the parties to—

(i)a protected Scottish marriage, or

(ii)a protected Scottish civil partnership,

(c)the applicant and P are still, or have since become, the parties to—

(i)a protected Scottish marriage, or

(ii)a protected Scottish civil partnership, and

(d)P consents to the marriage or civil partnership continuing after the issue of a full gender recognition certificate.,

(c)subsections (2) and (3) are repealed,

(d)in subsection (4), for “(2) or (3)” substitute “ (1) ”,

(e)in subsection (5), for “(2)” substitute “ (1) ”,

(f)subsection (6) is repealed,

(g)in subsection (7)—

(i)for “(2) or (3)” substitute “ (1) ”,

(ii)after “3(6D)(b)(i)” insert “ or (6G)(b)(i) ”,

(iii)after “spouse” insert “ or (as the case may be) civil partner ”,

(h)subsection (8) is repealed,

(i)in subsection (9), after “spouse” insert “ or (as the case may be) civil partner ”,

(j)the section title becomes Married person or civil partner with interim certificate: issue of full certificate (Scotland).

(6)In section 4D (application under section 4C: death of spouse)—

(a)in subsection (1)—

(i)for “4C(2) or (3)” substitute “ 4C ”,

(ii)after “applicant's spouse” insert “ or (as the case may be) civil partner ”,

(iii)in paragraph (a) after “spouse” insert “ or civil partner ”,

(b)the section title becomes Application under section 4C: death of spouse or civil partner.

(7)In section 4E (married person with interim certificate: issue of full certificate on application to the sheriff (Scotland))—

(a)in subsection (1)—

(i)for paragraph (b) substitute—

(b)the person and another person (“P”) are the parties to—

(i)a protected Scottish marriage, or

(ii)a protected Scottish civil partnership,,

(ii)in paragraph (c)—

(A)for “the person's spouse” substitute “ P ”,

(B)for “the spouse” substitute “ P ”,

(C)after “marriage” insert “ or (as the case may be) civil partnership ”,

(b)in subsection (2), for paragraphs (a) and (b) substitute—

(a)at the time when the interim gender recognition certificate was issued, the applicant and P were the parties to—

(i)a protected Scottish marriage, or

(ii)a protected Scottish civil partnership,

(b)the applicant and P are still, or have since become, the parties to—

(i)a protected Scottish marriage, or

(ii)a protected Scottish civil partnership, and,

(c)in subsection (3), after “spouse” insert “ or (as the case may be) civil partner ”,

(d)the section title becomes Married person or civil partner with interim certificate: issue of full certificate on application to the sheriff (Scotland).

(8)Section 4F is repealed.

(9)In section 5A (issue of full certificate where applicant has been a civil partner), after subsection (1) insert—

(1A)Subsection (1) does not apply where a full gender recognition certificate has already been issued, to the party to whom the interim gender recognition certificate was issued, by the sheriff under section 4E..

(10)Section 5C is repealed.

(11)Section 5D is repealed.

(12)In section 7 (applications: supplementary), in subsection (1) the word “4F,” is repealed.

(13)In section 8 (appeals etc.)—

(a)in subsection (1), the word “4F,” is repealed,

(b)in subsection (5), the word “4F,” is repealed,

(c)in subsection (5B), the word “4F,” is repealed.

(14)For section 11B substitute—

11BChange in gender of civil partner

(1)This section applies in relation to a protected civil partnership if (by virtue of section 4(2)(c) or 4A) a full gender recognition certificate is issued to a party to the partnership.

(2)The continuity of the protected civil partnership is not affected by the relevant change in gender.

(3)If the protected civil partnership is a protected overseas relationship, the continuity of the civil partnership continues by virtue of subsection (2) notwithstanding any impediment under the relevant law.

(4)In this section—

  • impediment” means anything which would affect the continuation of the overseas relationship merely by virtue of the relevant change in gender,

  • relevant change in gender” means the change or changes in gender occurring by virtue of the issue of the full gender recognition certificate or certificates,

  • relevant law”, in relation to the protected overseas relationship in question, has the same meaning as in Chapter 2 of Part 5 of the Civil Partnership Act 2004..

(15)In section 11D (continuity of civil partnership: Scotland), for the words from “full” to the end substitute “ a full gender recognition certificate to either (or both) of the civil partners. ”.

(16)In section 22 (prohibition on disclosure of information), in subsection (2)(a) for the words from “under” to “6(1)” substitute “ under any other section of this Act ”.

(17)In section 24 (orders and regulations), in subsection (5B) the words “or 5D(1)” are repealed.

(18)In section 25 (interpretation), in subsection (1)—

(a)in the definition of “full gender recognition certificate”, for “5A or 5D” substitute “ or 5A ”,

(b)in the definition of “protected civil partnership”, for the words from “means” to the end substitute means—

(a)a civil partnership under the law of England and Wales or under the law of Northern Ireland, or

(b)an overseas relationship that is treated as a civil partnership by virtue of Chapter 2 of Part 5 of the Civil Partnership Act 2004,

and “protected overseas relationship” means a protected civil partnership within paragraph (b), .

(19)In schedule 3 (registration)—

(a)in paragraph 19, the word “4F,” is repealed,

(b)in paragraph 20A(4), in the definition of qualifying Scottish civil partnership, for “each” substitute “ one, or each, ”.

Commencement Information

I1Sch. 2 para. 5(1)(19)(b) in force at 18.1.2021 for specified purposes by S.S.I. 2020/457, reg. 2(c)

I2Sch. 2 para. 5(1)(19)(b) in force at 30.11.2021 in so far as not already in force by S.S.I. 2021/351, reg. 2, sch. (with reg. 3)

I3Sch. 2 para. 5(2)-(18)(19)(a) in force at 30.11.2021 by S.S.I. 2021/351, reg. 2, sch. (with reg. 3)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources