Marriage and Civil Partnership (Scotland) Act 2014

Marriage and Civil Partnership (Scotland) Act 2014

2014 asp 5

Commentary

Part 4 – Change of gender of married persons or civil partners

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

210. Section 30 empowers the Scottish Ministers to make regulations (i) about the solemnisation of a renewed marriage for married persons in a protected Scottish marriage who have obtained a full gender recognition certificate and (ii) about 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 partnership. This would enable a new marriage or civil partnership certificate to be issued.

211. By virtue of section 30(7), “full gender recognition certificate” is defined by reference to the existing definition in section 25 of the Gender Recognition Act 2004. “Protected Scottish marriage” is also defined by reference to section 25 of the Gender Recognition Act 2004 as amended by paragraph 2 of schedule 2 to this Act.

212. Subsection (2) provides that regulations under subsection (1) may in particular make provision about:

• submitting notice of an intention to enter into a renewed marriage (subsection (2)(a));

• submitting notice of an intention to enter into a renewed civil partnership (subsection (2)(b));

• the information required from the applicants (subsection (2)(c));

• evidence to support the application (subsection (2)(d));

• any requirement to attend at a particular place or appear before a particular person (subsection (2)(e));

• conferring functions on persons (such as, for example, the Registrar General) (subsection (2)(f)). (Subsection (3) makes provision on particular functions which may be conferred);

• fees (subsection (2)(g)).

213. Subsections (4) to (6) make provision on procedures in relation to any regulations made by the Scottish Ministers.

214. Under subsection (4), the Scottish Ministers must consult the Registrar General before making any regulations. Under subsections (5) and (6), any regulations are subject to negative Parliamentary procedures unless they amend primary legislation, in which case they are subject to the affirmative procedure.