The Gender Recognition (Marriage and Civil Partnership Registration) (Scotland) Amendment Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Gender Recognition (Marriage and Civil Partnership Registration) (Scotland) Regulations 2016 (“the 2016 Regulations”) which provide for the making of a new entry in the register of marriages or the civil partnership register when a full Gender Recognition Certificate is issued to a party, or to each party, to a marriage or civil partnership.

The 2016 Regulations have previously only made provision for the making of a new entry relating to a civil partnership when both partners have been issued with full Gender Recognition Certificates. In consequence of the introduction of mixed sex civil partnership in Scotland and the associated amendments to the Gender Recognition Act 2004 made by the Civil Partnership (Scotland) Act 2020, it has become possible for a full Gender Recognition Certificate to be issued to only one of the parties to a civil partnership and for the civil partnership to continue.

These Regulations make consequential amendments to the 2016 Regulations to provide for the making of a new entry in the civil partnership register when a full Gender Recognition Certificate has been issued to either one or both partners.

The provisions added by regulation 2(4) and (5) provide for the particulars recorded in the original civil partnership register entry to be modified in the new entry where necessary to prevent a party’s transgender status or history being disclosed by showing either the date the civil partnership was registered, the identity of the religious or belief celebrant who registered it, or the place where it was registered.

Regulation 2(7) and the schedule substitute the form to be used for an application by civil partners.

Regulation 2(3) amends the provisions of the 2016 Regulations relating to applications by married couples to prevent a party’s transgender status or history being disclosed where the marriage was originally solemnised outside the UK in accordance with certain enactments.