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Gender Recognition Act 2004
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There are currently no known outstanding effects for the Gender Recognition Act 2004, Section 4E.
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[F14E[F2Married person or civil partner with interim certificate: issue of full certificate on application to the sheriff (Scotland)]S
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(1)A person may make a summary application to the sheriff for the issue of a full gender recognition certificate where—
(a)an interim gender recognition certificate has been issued to the person,
[F3(b)the person and another person (“P”) are the parties to—
(i)a protected Scottish marriage, or
(ii)a protected Scottish civil partnership,]
(c)the person is not in possession of a statutory declaration by [F4P] that [F5P] consents to the marriage [F6or (as the case may be) civil partnership] continuing after the issue of a full gender recognition certificate.
(2)The sheriff must grant an application made under subsection (1) if the sheriff is satisfied that—
[F7(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 is still a party to that protected Scottish marriage, and]
(c)the application was made within the period of six months beginning with the day on which the interim gender recognition certificate was issued.
(3)If an application is made under this section, the sheriff must give the applicant's spouse [F8or (as the case may be) civil partner]—
(a)notice of the application, and
(b)if the sheriff grants the application, notice of the issue of the full gender recognition certificate.
(4)Where the sheriff issues a full gender recognition certificate, the sheriff must send a copy to the Gender Recognition Panel.]
Textual Amendments
F1Ss. 4C-4F inserted (S.) (16.12.2014) by Marriage and Civil Partnership (Scotland) Act 2014 (asp 5), s. 36, Sch. 2 para. 5; S.S.I. 2014/287, art. 3, Sch.
F2S. 4E title substituted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(7)(d); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)
F3S. 4E(1)(b) substituted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(7)(a)(i); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)
F4Word in s. 4E(1)(c) substituted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(7)(a)(ii)(a); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)
F5Word in s. 4E(1)(c) substituted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(7)(a)(ii)(b); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)
F6Words in s. 4E(1)(c) inserted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(7)(a)(ii)(c); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)
F7S. 4E(2)(a)(b) substituted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(7)(b); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)
F8Words in s. 4E(3) inserted (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(7)(c); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)
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