The Gender Recognition (Marriage and Civil Partnership Registration) (Scotland) Regulations 2016
In accordance with paragraph 20A(1) of Schedule 3 to that Act the Scottish Ministers have approved the making of these Regulations.
Citation and commencement1.
These Regulations may be cited as the Gender Recognition (Marriage and Civil Partnership Registration) (Scotland) Regulations 2016 and come into force on 24th March 2016.
Interpretation2.
In these Regulations—
“the 2004 Act” means the Gender Recognition Act 2004;
“authorised registrar” means a person appointed under section 17 of the 1977 Act F1or, as the case may be, under section 87 of the Civil Partnership Act 2004;
“existing civil partnership register entry” in relation to one or both civil partners to a qualifying Scottish civil partnership, means, as applicable—
(a)
an entry of which a certified, or other copy is kept by the Registrar General;
(b)
an entry in the civil partnership register;
containing a record of the civil partnership, but does not include a new civil partnership register entry made under these Regulations;
“existing register of marriages entry” in relation to one or both parties to a qualifying Scottish marriage, means, as applicable—
(a)
an entry of which a certified, or other copy is kept by the Registrar General; or
(b)
containing a record of the marriage, but does not include a new register of marriages entry made under these Regulations;
“new civil partnership register entry” in relation to one or both civil partners to a qualifying Scottish civil partnership means an entry in the civil partnership register containing a record of the civil partnership, made under these Regulations;
“new register of marriages entry” in relation to one or both parties to a qualifying Scottish marriage, means an entry in the register of marriages, containing a record of the marriage, made under these Regulations;
“the Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland.
Application for registration of qualifying Scottish marriages3.
(1)
Where the parties to a qualifying Scottish marriage wish to register the marriage they must—–
(a)
make an application by completing the form set out in Schedule 1 to these Regulations; and
(b)
send, or submit in person, the form to the Registrar General.
(2)
Where an application is made under paragraph (1), the Registrar General, where satisfied with the information in the application form, must—
(a)
make a draft new register of marriages entry containing the particulars referred to in regulation 4; and
(b)
send the draft new register of marriages entry to the district registrar.
Particulars to be entered in the draft new register of marriages entry4.
(1)
Except as provided in this regulation and regulations 5 and 6, the particulars to be entered in the draft new register of marriages entry are to be the same particulars as are entered in the existing register of marriages entry.
(2)
The draft new register of marriages entry must reflect the name and gender referred to on the full gender recognition certificate, or certificates, granted to one or each of the parties to the marriage.
(3)
Where any of the particulars would indicate that a marriage of persons of the same sex was solemnised before 16th December 2014, the Registrar General must not enter those particulars in the draft new register of marriages entry, unless the parties request those particulars to be entered.
(4)
If by virtue of the prohibition in paragraph (3), the Registrar General is unable to enter the date on which the marriage was solemnised—
(a)
the marriage is to be entered in the draft new register of marriages entry as if it had been solemnised on the date on which the draft new register of marriages entry is made; and
(b)
the particulars to be entered in the draft new register of marriages entry must be those applicable on that date, except that—
(i)
(ii)
where the marriage was solemnised by an authorised registrar, the marriage is to be entered in the draft new register of marriages entry as if it had been solemnised by an authorised registrar, in post on the date referred to in paragraph 4(a), at the registration office of the registration district entered in the existing register of marriage entry.
Qualifying Scottish marriages that are religious or belief marriages5.
(1)
The Registrar General must not enter in the draft new register of marriages entry any particulars that would indicate that a marriage of persons of the same sex was a religious or belief marriage, if on the applicable date, the person who solemnised the marriage was not—
(a)
(b)
(c)
(2)
Where paragraph (1) applies, the marriage is to be entered in the draft new register of marriages entry as if it had been solemnised by an authorised registrar in post on the applicable date at the registration office of the registration district entered in the existing register of marriage entry.
(3)
In this regulation—
“applicable date” means the date entered by the Registrar General in the draft new register of marriages entry as the date the marriage was solemnised.
F2Qualifying Scottish marriages solemnised outside the United Kingdom6.
(1)
This regulation applies where an application under regulation 3(1) relates to a qualifying Scottish marriage that is treated as having been solemnised in Scotland by virtue of section 25(3), (4) or (5) of the 2004 Act.
(2)
The marriage is to be entered in the draft new register of marriages entry as if it had been solemnised by an authorised registrar, in post on the applicable date, in the City of Edinburgh registration district.
(3)
In this regulation, “applicable date” means the date entered by the Registrar General in the draft new register of marriages entry as the date the marriage was solemnised.
Registration of qualifying Scottish marriages7.
On receipt of the draft new register of marriages entry, sent by the Registrar General under regulation 3(2)(b), the district registrar must register the qualifying Scottish marriage by causing the particulars in the draft new register of marriages entry to be entered in the register of marriages kept by him or her.
Application for registration of qualifying Scottish civil partnerships8.
(1)
Where both of the civil partners in a qualifying Scottish civil partnership wish to register their civil partnership, the civil partners must—
(a)
make an application by completing the form set out in Schedule 2 to these Regulations; and
(b)
send, or submit in person, the form to the Registrar General.
(2)
Where an application is made under paragraph (1), the Registrar General, where satisfied with the information in the application form, must—
(a)
make a draft new civil partnership register entry containing the particulars referred to in regulation 9; and
(b)
send the draft new civil partnership register entry to the district registrar.
Particulars to be entered in civil partnership register entry9.
(1)
Except as provided in F3this regulation and regulations 9A and 9B the particulars to be entered in the draft new civil partnership register entry are to be the same particulars as are entered in the existing civil partnership register entry.
F4(2)
The draft new civil partnership register entry must reflect the name and gender referred to on the full gender recognition certificate, or certificates, granted to one or each of the civil partners.
(3)
Where any of the particulars would indicate that a civil partnership of persons of different sexes was registered before 1 June 2021, the Registrar General must not enter those particulars in the draft new civil partnership register entry unless the civil partners request those particulars to be entered.
(4)
If by virtue of the prohibition in paragraph (3), the Registrar General is unable to enter the date on which the civil partnership was registered—
(a)
the civil partnership is to be entered in the draft new civil partnership register entry as if it had been registered on the date on which the draft new civil partnership register entry is made; and
(b)
the particulars to be entered in the draft new civil partnership register entry must be those applicable on that date, except that—
(i)
the witnesses with addresses particular must remain blank; and
(ii)
where the civil partnership was registered by an authorised registrar, the civil partnership is to be entered in the draft new civil partnership register entry as if it had been registered by an authorised registrar, in post on the date referred to in paragraph (4)(a), at the registration office of the registration district entered in the existing civil partnership register entry.
F5Qualifying Scottish civil partnerships that are religious or belief civil partnerships9A.
(1)
The Registrar General must not enter in the draft new civil partnership register entry any particulars that would indicate that a civil partnership of persons of the same sex was a religious or belief civil partnership if, on the applicable date, the person who registered the civil partnership was not—
(a)
a person who may register a civil partnership between persons of the same sex under section 94A(1)(a)(i) of the Civil Partnership Act 2004;
(b)
registered under section 94B of that Act to register civil partnerships between persons of the same sex; or
(c)
temporarily authorised under section 94E of that Act to register civil partnerships between persons of the same sex.
(2)
The Registrar General must not enter in the draft new civil partnership register entry any particulars that would indicate that a civil partnership of persons of different sexes was a religious or belief civil partnership if, on the applicable date, the person who registered the civil partnership was not—
(a)
a person who may register a civil partnership between persons of different sexes under section 94A(2A)(a)(i) of the Civil Partnership Act 2004;
(b)
registered under section 94B of that Act to register civil partnerships between persons of different sexes; or
(c)
temporarily authorised under section 94E of that Act to register civil partnerships between persons of different sexes.
(3)
Where paragraph (1) or (2) applies, the civil partnership is to be entered in the draft new civil partnership register entry as if it had been registered by an authorised registrar, in post on the applicable date, at the registration office of the registration district entered in the existing civil partnership register entry.
(4)
In this regulation—
“religious or belief civil partnership” has the same meaning as in section 94A(4)(b) of the Civil Partnership Act 2004;
“applicable date” means the date entered by the Registrar General in the draft new civil partnership register entry as the date the civil partnership was registered.
Qualifying Scottish civil partnerships registered outside the United Kingdom9B.
(1)
This regulation applies where an application under regulation 8(1) relates to a qualifying Scottish civil partnership that is treated as having been registered in Scotland by virtue of section 25(2) of the 2004 Act.
(2)
The civil partnership is to be entered in the draft new civil partnership register entry as if it had been registered by an authorised registrar, in post on the applicable date, in the City of Edinburgh registration district.
(3)
In this regulation, “applicable date” means the date entered by the Registrar General in the draft new civil partnership register entry as the date on which the civil partnership was registered.
Registration of qualifying Scottish civil partnerships10.
On receipt of the draft new civil partnership register entry, sent by the Registrar General under regulation 8(2)(b), the district registrar must register the qualifying Scottish civil partnership by causing the particulars in the draft new civil partnership register entry to be entered in the civil partnership register kept by him or her.
Revocation of gender recognition certificates etc.11.
(1)
(2)
Subject to any appeal, the Registrar General must, on being informed by virtue of paragraph 19(2) of Schedule 3 to the 2004 Act, of an order made under section 8(6) of the 2004 Act—
(a)
cancel the new register of marriages entry or new civil partnership register entry (whichever is applicable) relating to the person; and
(b)
F6Continuity of qualifying Scottish marriages and qualifying Scottish civil partnerships12.
New Register House,
Edinburgh
Approved by the Scottish Ministers
St Andrew’s House,
Edinburgh
F8SCHEDULE 1
F9SCHEDULE 2APPLICATION FORM TO REGISTER A CIVIL PARTNERSHIP FOLLOWING ISSUE OF FULL GENDER RECOGNITION CERTIFICATE
These Regulations provide for the registration of marriages and civil partnerships in which one or both parties have obtained a full gender recognition certificate under the Gender Recognition Act 2004 (c.7). Changes made to the Gender Recognition Act 2004 by the Marriage and Civil Partnership (Scotland) Act 2014 (asp 5) enable couples to remain married when one or each of the parties obtains a full gender recognition certificate, and to remain in a civil partnership when both parties obtain a full gender recognition certificate.
Regulation 3 provides for where one or both parties to a marriage are in receipt of a full gender recognition certificate under section 4(1) of the 2004 Act and wish to register their marriage to reflect the acquired gender. The parties must make an application to the Registrar General. If the Registrar General is satisfied with information contained in the application form he must prepare a draft of the register entry and send this to the district registrar for the registration district where the marriage was solemnised.
Regulation 4 provides that except in certain circumstances, the particulars to be entered are the same particulars as were recorded in the parties’ existing entry, amended to reflect the name and gender of the party or parties to whom a full gender recognition certificate has been granted. Regulation 4(3) provides that if any of the particulars would indicate that a marriage of a same sex couple was solemnised before it would have been possible for such a marriage to be solemnised then the original particulars are not to be entered unless the couple request this.
Where the couple do not wish the original particulars to be entered, the marriage will be entered as if it had solemnised on the date that the new entry is made up, the details of the witnesses will be removed and the details of the registrar may be amended if the registrar that solemnised the marriage is no longer in post.
Regulation 5 prohibits the Registrar General from recording any particulars in the register that would indicate that a marriage was a religious or belief marriage solemnised by an authorised celebrant where on the date to be recorded as the date of the marriage that celebrant could not have solemnised the marriage. Such marriages are to be treated as having been solemnised by a registrar in a registration office.
Regulation 6 deals with marriages solemnised outside the United Kingdom according to the law of Scotland, these are marriages solemnised by UK consuls and through the UK armed forces.
Regulation 7 requires the district registrar to register the marriage by entering the particulars on the draft entry that has been sent by the Registrar General.
Regulations 8 to 10 make provision in relation to civil partnerships for a new civil partnership entry that will contain the same particulars as are entered in the original civil partnership entry amended to reflect the name and gender of the parties.
Regulation 11 allows the Registrar General to cancel an entry in relation to a person made in accordance with these Regulations if his or her full gender recognition certificate is revoked.
Regulation 12 makes clear for the avoidance of doubt that registration of a qualifying Scottish marriage under these Regulations has no effect on the continuity of that marriage.