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Gender Recognition Act 2004

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[F111BChange in gender of civil partnerE+W+N.I.

This section has no associated Explanatory Notes

(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—

(a)the continuity of the civil partnership continues by virtue of subsection (2) notwithstanding any impediment under the relevant law;

(b)the relevant law is not affected by the continuation of the civil partnership by virtue of subsection (2).

(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.]

Extent Information

E1This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

[F211BChange in gender of civil partnerS

(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.

[F3(3)If the protected civil partnership is a protected overseas relationship—

(a)the continuity of the civil partnership continues by virtue of subsection (2) notwithstanding any impediment under the relevant law;

(b)the relevant law is not affected by the continuation of the civil partnership by virtue of subsection (2).]

(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.]

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

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