Consequences of issue of gender recognition certificate etc.

Change in gender of civil partner
11B
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.

Change in gender of civil partner
11B
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.
S. 11B substituted: (E.W.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 32 (with reg. 35); and substituted (N.I.) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 45(1) (with regs. 6-9)
This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only
This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only
S. 11B substituted (S.) (30.11.2021) by Civil Partnership (Scotland) Act 2020 (asp 15), s. 16, sch. 2 para. 5(14); S.S.I. 2021/351, reg. 2, sch. (with reg. 3)
S. 11B(3) substituted (S.) (27.1.2022) by The Civil Partnership (Scotland) Act 2020 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Modifications) Order 2022 (S.I. 2022/74), art. 1, Sch. 1 para. 1(3)